In this action, Westford Valley Marketplace, Inc. (Plaintiff or Westford Valley), seeks judicial review under G. L. c. 40A § 17, of certain decisions (Decisions) of the Planning Board (Board) of the Town of Westford, whose members are defendants. The challenged decisions granted a Major Commercial Project approval, Planned Commercial Development approval, and Site Plan approval, each in the form of a special permit, to defendant Westford LC, LCC (Westford LC), in connection with a proposed 238,411 square-foot commercial development known as Cornerstone Square, to be located on land at Boston Road and Littleton Road, Westford, Middlesex County, Massachusetts.
This case came on for trial before the court. In a decision of even date, the court (Trombly, J.) has determined that the Decisions of the Board are to be upheld.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision by the Board is not arbitrary or capricious; is not contrary to law or based on legally untenable grounds; is not in excess of the Boards authority; and is not otherwise entitled to be annulled. It is further
ORDERED, ADJUDGED, and DECLARED that, without limiting the generality of the preceding paragraph, Condition 13 of the Major Commercial Project Special Permit Decision is not effective to extend the time after which the Decisions will lapse (absent the conditions therein set forth) beyond the time frames set forth in G.L. c. 40A, § 9.
By the Court. (Trombly, J).
WESTFORD VALLEY MARKETPLACE, INC. v. MICHAEL GREEN, FREDERICK PALMER, ANDREA PERANER-SWEET, KEVIN BORSELLI, and DENNIS GALVIN, As They Are Members of the TOWN OF WESTFORD PLANNING BOARD; and WESTFORD LC, LLC