In these actions, Plaintiffs seek to annul decisions by the Littleton Board of Appeals (Zoning Board) and the Little Planning Board (Planning Board) which would allow Omnipoint Communications, Inc., to construct a cellular tower on cemetery property owned by the Town. In December of 2008, the Zoning Board granted a variance to Omnipoint, which would allow the cellular tower to be constructed within 300 feet of a residence (Setback Variance). On February 9, 2009, the Planning Board granted Omnipoint a special permit to construct the wireless facility, including the cellular tower. (Special Permit).

This court has issued a decision of today’s date which holds that the Zoning Board’s grant of the Setback Variance was in excess of its authority and the grant of the Special Permit was in excess of the Planning Board’s authority.

In accordance with that decision it hereby is

ADJUDGED and ORDERED that the Setback Variance is legally untenable, was issued in excess of the Zoning Board’s authority, and is annulled; and it is further

ADJUDGED and ORDERED that insofar as the Special Permit relies on the legality of the Setback Variance, the Special Permit decision is legally untenable, was issued in excess of the Planning Board’s authority, and is annulled.

By the court. (Scheier, C.J.)