MARTIN F. KANE, ELLEN E. KANE, MARGARET GRIFFIN, and CHARLES J. SABATIER, JR. v. MARY JANE O’DONNELL, ROBERT E. MCDONNELL, MARC TAYLOR, ROBERT H. LUBKER, ALISON BARLOW, RHODA RYNZAR, ERIC SEABORN, as they are members of the WELLESLEY WETLANDS PROTECTION COMMITTEE, and NDNE LOWER FALLS, LLC

In these actions, brought pursuant to G. L. c. 40A, § 17, Plaintiffs appeal two decisions of the Wellesley Planning Board (Board) granting Defendant NDNE Lower Falls, LLC, two special permits in connection with a proposed mixed-use development on a 5.27 acre parcel of land located at 27 Washington Street, Wellesley. The two decisions granted to NDNE a Residential Incentive Overlay Special Permit (RIO Permit) and a Project of Significant Impact Special Permit (PSI Permit) pursuant to the Wellesley Zoning Bylaw.

On December 18, 2008, NDNE filed Defendant NDNE Lower Falls LLC’s Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(1), arguing Plaintiffs do not have standing to appeal the Board’s decisions. A hearing was held on January 27, 2009, at which the parties were heard, and an order granting NDNE’s motion to dismiss has issued today. In accordance with that Order, it is

ADJUDGED and ORDERED that Plaintiffs lack standing to appeal the Board’s decisions and the cases hereby are DISMISSED.

By the Court (Scheier, C.J.)