BENJAMIN STEVENS, as Manager of THE FIELDS AT SHERBORN, LLC, v. SHERBORN BOARD OF HEALTH.

This action commenced on April 15, 2016, as an appeal in the nature of certiorari, pursuant to G. L. c. 249, § 4, from a decision of the defendant Sherborn Board of Health (the "Board"), dated March 4, 2016, denying the Developer's application for a Disposal Works Construction Permit under Title 5 of the State Sanitary Code, 310 C.M.R. § 15.000 et seq. ("Title 5"). Following a remand by the court to the Board to hear additional evidence, culminating in an amended decision issued by the Board on December 7, 2016, the case came before the court (Speicher, J.) on a motion for judgment on the pleadings. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED on Counts I and II of the First Amended Complaint, that the decision of the Board, as amended after remand, and dated December 7, 2016, denying a Disposal Works Construction Permit pursuant to Title 5 of the State Sanitary Code, 310 C.M.R. § 15.000 et seq. regarding approximately 17.55 acres of land located between 247 and 257 Washington Street in Sherborn, Middlesex County, was arbitrary and capricious, was based on legally untenable grounds, and is hereby ANNULLED, and it is further

ORDERED that this matter is hereby REMANDED to the Board and thereupon the Board is ORDERED to issue, within thirty days of the date of this Judgment, a Disposal Works Construction Permit as requested and applied for by the plaintiff, for the construction of a septic system to service thirty-two dwelling units, with a design flow of 8,360 gallons per day, and it is further

ORDERED that today's 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