This action, filed pursuant to G. L. c. 40A, §17, came on to be heard by the court (Speicher, J.) on the defendant S. F. Management LLCs motion for summary judgment. In a decision of even date, the court has made rulings of law and ordered the entry of summary judgment. In accordance with the courts decision, it is
ORDERED and ADJUDGED that the motion for summary judgment of the defendant, S. F. Management LLC, is DENIED, and it is further
ORDERED and ADJUDGED summary judgment is hereby entered in favor of the plaintiff Coco Bella LLC, and that the decision of the Town of Hopkinton Board of Appeals dated and filed with the Hopkinton Town Clerk on October 23, 2013, affirming the site plan
approval of the Hopkinton Planning Board filed with the Town Clerk on July 10, 2013, with respect to property at 78 West Main Street, Hopkinton, is hereby ANNULLED, and it is further
ORDERED and ADJUDGED that this matter is REMANDED to the Hopkinton Board of Appeals, which upon remand is to issue a decision, to be filed with the Hopkinton Town Clerk, annulling the site plan approval granted by the Hopkinton Planning Board for the property at 78 West Main Street, Hopkinton, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
COCO BELLA LLC v. TOWN OF HOPKINTON BOARD OF APPEALS, and its Members, Roy Warren, G. Michael Peirce, Tina Rose, Michael DiMascio, June Clark, Kelly Knight, and John Savignano, 2 HIGH STREET REALTY LLC and S.F. MANAGEMENT LLC.