PAULINI LOAM LLC v. PHILIP OTTAVIANA JR., SUSAN CRAIGHEAD and STEPHEN MELTZER as members, and EDWARD COSGROVE, ROBERT SINDER, KARL THOBER and DAVID NORTON as associate members, of the Framingham Zoning Board of Appeals, and the TOWN OF FRAMINGHAM.

For the reasons set forth in the court’s Decision of this date, the decision of the Framingham Zoning Board of Appeals denying plaintiff Paulini Loam LLC’s application for a building permit on the grounds that a special permit was required is VACATED. The court DECLARES, pursuant to G.L. c. 240, §14A, that Paulini’s proposed facility — (1) as proposed to be designed and operated and as approved through the DEP’s LPA, (2) with hours of operation restricted to 6 a.m. to 7:00 p.m. Monday through Saturday, and hours of concrete production restricted to 6:00 a.m. to 4 p.m. Monday through Saturday, (3) with the aggregate and other storage bins within the setback to be uncovered and no higher than six feet above natural grade, (4) with the fence along the border with the Shell station to be no higher than six feet above natural grade, and (5) with the forty-foot extension of the acoustical barrier as described at trial, to the maximum extent consistent with the NStar easement or otherwise permitted by NStar — is allowed by right pursuant to Section III.G.1.c of the applicable zoning bylaw. The court REMANDS this matter to the Board with directions to issue a building permit for the construction of the facility in accordance with the above description. Finally, the court DECLARES that the zoning freeze applicable to this property is tolled for the duration of this litigation, from commencement through its final disposition, pursuant to G.L. c. 40A, §6.

SO ORDERED.