RICHARD P. QUINCY, as General Partner of SILVER LEAF LIMITED PARTNERSHIP vs. ROBERT FOWLER, CHERYL BUSCH, RICHARD KRAUSE, and BRIAN O'CONNOR, as they are Members of the Planning Board of Tewksbury, and TOWN OF TEWKSBURY and FIRST COLONIAL, a Partnership.

This cause came on to be heard on September 30, 1992, and was argued by counsel, and thereupon, upon consideration thereof, it is

ADJUDGED and ORDERED that the decision of the Tewksbury Planning Board, dated February 5, 1992, denying Plaintiff Richard P. Quincy, as General Partner of Silver Leaf Limited Partnership, site plan approval to construct a shopping center on a parcel of land located on Main Street, Route 38, Tewksbury, exceeded the Board's authority and accordingly, it must be and hereby is anulled; and it is

FURTHER ADJUDGED and ORDERED that site plan approval for the Plaintiff's proposed project must be and hereby is granted; and it is

FURTHER ADJUDGED and ORDERED that, the Board having acted in bad faith, the Plaintiff's legal costs shall be taxed by the clerk against the Board in accordance with Mass. R. Civ. P. 54(d).