On February 4, 2009, Amerada Hess Corporation (Hess) filed a complaint against the Zoning Board of Appeals of the Town of Framingham and its members pursuant to G. L. c. 40A, § 17 appealing a decision of that board which denied an application by Hess to modify a special permit concerning property located at 284 Hollis Street in Framingham. The action was tried on June 23, 2010 and June 25, 2010. A Decision has been entered this day upholding and affirming the action of the board. In accordance with that decision, it is hereby
ORDERED, ADJUDGED and DECLARED that the Framingham Zoning Board of appeals (ZBA) did not act in excess of its authority in filing a decision with the Framingham Town Clerk denying the application of Hess to modify a special permit concerning property known as and numbered 284 Hollis Street in Framingham; and it is
ORDERED, ADJUDGED and DECLARED that the ZBA did not act on a legally untenable ground and was not arbitrary and capricious in concluding that the project did not meet the criteria for the issuance of a special permit under Section IV.D. and Section V. E. 3. of the Framingham Zoning By-Law; and it is further
ORDERED, ADJUDGED and DECLARED that the complaint filed by Hess on February 4, 2009 be, and is hereby, dismissed.
By the Court. (Trombly, J.)
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision entered this day.