Pursuant to G. L. c. 40A, � 17, Plaintiffs appealed from a decision of the Tisbury Zoning Board of Appeals (ZBA), whose members are Defendants, upholding the denial by Tisbury Zoning Enforcement Officer of a building permit for the reconstruction of a residence on Plaintiffs� property, located at 87 Main Street, unless Plaintiffs first secured relief from the ZBA.

The case was before the court pursuant to Plaintiffs� Motion for Summary Judgment, which was fully briefed by both parties and argued on April 23, 2013. A decision of today�s date in favor of Defendants has issued. In accordance with that decision, it is hereby:

ADJUDGED and ORDERED that the ZBA�s decision to deny Plaintiffs� application for a variance (and an amendment to a variance granted in 1995) was within the ZBA�s reasonable discretion. The ZBA�s decision to uphold the ZEO�s refusal of a building permit without a variance is AFFIRMED.