This action commenced on December 2, 2014, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Carlisle Planning Board (Board). The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the courts decision, it is
ORDERED and ADJUDGED that conditions nos. 16 19 of the decision of the Board regarding property at 81 Russell Street, Carlisle, filed with the town clerk on November 12, 2014, and any other parts of the said decision or plans approved in accordance with the Boards decision requiring or permitting public access over the right of way easement on the property of the plaintiffs Alexander Parker and Joan Parker, was based on a legally untenable ground and exceeded the Boards authority, and it is further
ORDERED and ADJUDGED that the decision of the Board regarding property at 81 Russell Street, Carlisle, filed with the town clerk on November 12, 2014, is hereby ANNULLED, and it is further
ORDERED and ADJUDGED that said decision of the Board, is hereby REMANDED to the Board for proceedings consistent with this Judgment and the courts decision of even date, including the holding of a public hearing to determine whether the Board will issue the SROSC special permit without the conditions described above, will deny the SROSC special permit, or will take some other action not inconsistent with this Judgment and the courts decision of even date, including without limitation accommodating the public access conditions without use of the right of way easement on the property of the plaintiffs, and it is further
ORDERED that todays decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
ALEXANDER PARKER and JOAN PARKER v. DAVID FREEDMAN, MARC LEMERE, NATHAN BROWN, JONATHAN STEVENS, KAREN ANDON, ED ROLFE, PETER GAMBINO, BRIAN LARSON, and TOM LANE, as members and associate members of the TOWN OF CARLISLE PLANNING BOARD, and BRENDON PROPERTIES, LLC, and BRENDON HOMES, INC.