With: 09 MISC 394033 (KFS) RICHARD W. HOOLE and SUSAN R. HOOLE v. JANET LAVIGNE, STEVEN WHEATON, GREGG S. CHAMPNEY, MARK MONTANARI, and RICHARD S. CROWLEY, as they are the members of the PLANNING BOARD of the TOWN OF LITTLETON and OMNIPOINT COMMUNICATIONS, INC.
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 todays date which holds that the Zoning Boards grant of the Setback Variance was in excess of its authority and the grant of the Special Permit was in excess of the Planning Boards 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 Boards 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 Boards authority, and is annulled.
By the court. (Scheier, C.J.)