JOHN McAULEY and YVONNE McAULEY v. ROBERT ALDENBERG, DAVID LEARY, CHRISTINE LINDBERG, LEAH MORESCHI

For the reasons set forth in the court’s Memorandum and Order of this date, plaintiffs John McAuley and Yvonne McAuley’s motion for summary judgment is ALLOWED. On the undisputed facts, as a matter of law, Orchard Circle is a driveway, not a street. Since Orchard Circle is over 55 feet from Lewis Drive, the subdivision plan is compliant with the subdivision rules and regulations in that respect. The Board has already granted waivers from the nine aspects in which the subdivision plan is non-compliant. Accordingly, the Board is hereby ORDERED to approve the Definitive Subdivision Plan. See Wendy’s Old Fashioned Hamburgers of New York, Inc. v. Bd. of Appeals of Billerica, 454 Mass. 374 , 382-383, 387, 389 (2009). In addition, the Clerk is directed to issue the G.L. c. 40A, § 11 certificate requested by the McAuleys reflecting the dismissal of their appeal of the 77 South Main Street variance, special permit and site plan approval to Superior Court.

SO ORDERED.

By the court (Long, J.)