In this action, filed on February 13, 2008, Plaintiff seeks to annul a decision of the Woburn City Council, acting as a special permit granting authority under G. L. c. 40A, § 9. The Councils decision denied Plaintiffs application for a special permit to operate a self-service gasoline station and convenience store with hours in excess of 7:00 a.m. to 10:00 p.m. (Plaintiffs Project), on property owned by Plaintiff at 1 Hill Street, Woburn (Project Site). The Project is part of Plaintiffs plan to renovate a vacant building located on the Project Site, to house the operations, wholesale, dispatching, and security office functions for A.L. Prime Energy.
This court has issued a decision of todays date which holds that the Councils decision was arbitrary and capricious.
In accordance with that decision it hereby is
ADJUDGED and ORDERED that the decision of the Woburn City Council dated January 28, 2008 is arbitrary and capricious and hereby is annulled; it is further
ADJUDGED and ORDERED that this matter is remanded to the City Council for the issuance of a special permit within thirty days of todays date in accordance with Sections 5.1(46a), (46b), and (22a), without further public hearing, subject, however, to the following conditions
a. Plaintiff must provide an easement along the property line of the Project Site starting just west of the western driveway and going up to the east-northeast corner of the Project Site, reset all of the curbing, and push it further back,
b. Plaintiff must install an impressed asphalt crosswalk from the Project Site to a new handicap ramp in the sidewalk on the opposite side of Hill Street to provide pedestrian access from the commuter lot to the gas station facility and convenience store,
c. Plaintiff must install impressed asphalt as a median divider to separate the traffic heading north on Hill Street from the traffic heading south on Hill Street into the Project Site and other businesses on Hill Street,
d. Plaintiff must construct a new sidewalk along Hill Street from Montvale Avenue to the Project Site,
e. Plaintiff must construct a sight triangle to improve the safety of people exiting the site from the driveways of the gas station area,
f. Plaintiff must secure approval for and complete roadway improvements for the Hill Street approach to the Project Site, including an exclusive right turn lane and center islands to define the two lanes approaching Montvale Avenue at the Hill Street intersection.
And it is further
ADJUDGED and ORDERED that the City Council shall within fourteen days thereafter file its decision after remand with the City Clerk.
By the court. (Scheier, C.J.)
A.L. PRIME ENERGY CONSULTANT, INC. d/b/a A.L. PRIME ENERGY v. CHARLES E. DOHERTY, RICHARD F. GATELY, JR., SCOTT D. GALVIN, JAMES J. DWYER, DARLENE MERCER-BRUEN, MICHAEL RAYMOND, RAYMOND B. DRAPEAU, PAUL J. DENARO, JOANNA GONSALVES, as they are the members of and constitute the CITY COUNCIL of the CITY OF WOBURN