This action involves an appeal from a decision of the Planning Board of the Town of Sudbury disapproving the Plaintiffs' definitive subdivision plan. Following two days of testimony on April 11 and April 22, 1988, the parties entered into settlement discussions. In consideration of the Plaintiffs' Pre-Trial Memorandum, dated April 8, 1988, the Defendants' Motion for Judgment on the Pleadings and Memorandum in Support thereof, dated April 11, 1988, and the parties' Stipulation Amending Decision, I find and rule as follows:
A privately owned sewage treatment plant, serving dwellings and residences located on lots other than and separate from the lot on which it is located, is not a permitted use of land situated in a Residence Zone within the Town of Sudbury according to the Sudbury Zoning Bylaw.
The other issues raised by this appeal having been resolved by the parties' Stipulation Amending Decisions, it is ordered that judgment shall enter as follows:
1. Judgment for the Defendants on Plaintiffs' claim for declaratory relief respecting the Zoning Bylaw of the Town of Sudbury, to wit: A privately owned sewage treatment plant, serving dwellings and residences located on lots other than and separate from the lot on which it is located, is not a permitted use of land situated in a Residence Zone within the Town of Sudbury according to the Sudbury Zoning Bylaw.
2. Judgment approving the subdivision plan in accordance with the parties' Stipulation Amending Decision and filed with the Court as to the Plaintiffs' appeal from the Decision of the Sudbury Planning Board dated November 23, 1987, entitled "Definitive Subdivision Decision - Liberty Hill Estates."
WILLIAM DOWIE, TRUSTEE OF LIBERTY LEDGE REAL ESTATE TRUST, MARK P. TAYLOR AND CHRISTINE TAYLOR-MCKENNA vs. RUSSELL P. KIRBY, JAMES P. WATTERSON, MORTON L. BROND, LAEL M. MEIXSELL AND JUDITH A. COPE, AS THEY ARE MEMBERS OF AND CONSTITUTE THE PLANNING BOARD OF THE TOWN OF SUDBURY, MIDDLESEX COUNTY, MASSACHUSETTS AND TOWN OF SUDBURY, A MUNICIPAL CORPORATION and THOMAS ROYALL SMITH, SHARON L. SMITH, ROBERT GUTHRIE and JANE GUTHRIE.