MATTHEW GOULD, DAVIEN GOULD, PIERRE TILLIER, and GISELLA TILLIER v. FALMOUTH PLANNING BOARD, FALMOUTH HOSPITALITY LLC, and JOHN FAY and ROBERT FAY, as trustees of Fay's Realty Trust.

For the reasons set forth in the court’s Decision of this date, the decision of the Falmouth Planning Board allowing the abandonment of the 210-foot southerly portion of Lantern Lane as a subdivision road, conditioned on its conversion into an express private easement in the same location and dimensinos, is AFFIRMED and the plaintiffs’ appeal from that decision is DISMISSED, in its entirety, with prejudice, with the matter remanded to the board for review and approval of the form of easement. The plaintiffs’ declaratory judgment claims relating to the potential overburdening or overloading of the easement are DISMISSED as premature.

SO ORDERED.