Plaintiff Richard Maggio, Trustee of Lorraine Realty Trust, filed his unverified Complaint on December 28, 2007, appealing, pursuant to G. L. c. 40A, § 17, a decision of Defendant Planning Board of the City of Woburn which denied Plaintiffs petition for a site plan special permit for an expanded parking facility on property owned by Plaintiff located at 34A Holton Street (Lot 34A). [Note 1] A case management conference was held on February 29, 2008. Plaintiff filed his Motion for Partial Summary Judgment on October 6, 2008, together with supporting memorandum, Statement of Undisputed Material Facts, and Affidavit of Richard Maggio. On December 15, 2008, Defendant filed its Opposition, together with supporting memorandum. A hearing was held on the motion on January 12, 2009, but the motion was not acted upon at the request of the parties. A pre-trial conference was held on March 4, 2009. A site view and the first day of trial at the Land Court in Boston was held on May 4, 2009. The second and final day of trial was held on May 5, 2009, at the Land Court in Boston. The parties filed their post-trial briefs on August 12 and August 13, 2009, at which time the matter was taken under advisement. A decision of todays date has been issued.
In accordance with that decision it is:
ORDERED and ADJUDGED that Defendant was beyond the scope of its authority in issuing its decision dated December 10, 2007, and filed with the City Clerk on December 10, 2007 (the Denial), in which it denied Plaintiffs July 27, 2007, application (the New Application) for a site plan special permit concerning a proposed commercial parking lot on Lot 34A.
ORDERED and ADJUDGED that this matter is remanded to Defendant to approve the New Application with such reasonable conditions that are consistent with this decision. Any reasonable condition(s) that Defendant imposes upon the New Application must relate directly to issues addressed in this decision; specifically, such conditions may only relate to Defendants traffic concerns about Holton Street, the intersection of Nashua Street and Green Street, and the Bucci Way entrance to the existing parking lot located at 17-34 Holton Street.
By the court. (Sands, J.)
[Note 1] Both parties agree that the use of the commercial parking lot that is at issue in the case at bar is an as-of-right use in an IG zoning district at the time of the New Application, as hereinafter defined.