Home CUMBERLAND FARMS, INC. v. VERNON JACOB, BRUCE DRUCKER, ROBERT HANKEY, WILLIAM NICHOLSON, THEODORE HEYLIGER, MICK LYNCH and THOMAS REINHART as members of the Board of Appeals of the Town of Wellfleet, and the TOWN OF WELLFLEET.

MISC 12-459503

October 6, 2015

Barnstable, ss.

LONG, J.

JUDGMENT

For the reasons set forth in the court’s Decision of this date, the defendant Zoning Board’s denial of Cumberland’s application for two special permits (one to authorize a filling station use and the second to add another principal use to the property) is VACATED and REMANDED to the Zoning Board for the issuance of those special permits. It is DECLARED that the Town’s Formula Business bylaw is invalid both facially and as applied. It is DECLARED that no new special permits are required for the redeveloped liquor store and convenience store uses. And it is DECLARED that the proposed fuel pump island complies with the setback bylaw if it is sided in fire-resistant wood.

SO ORDERED.