CAPE COD BAGEL CO., INC. v. FALMOUTH ZONING BOARD OF APPEALS, KIMBERLY BIELAN, KENNETH FOREMAN, EDWARD VAN KEUREN, PAUL MURPHY, TERENCE HURRIE, MARK COOK, and GERALD POTAMIS, in their official capacity as members of the FALMOUTH ZONING BOARD OF APPEALS, and M.P.G. CORPORATION.

This action commenced on May 10, 2016, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Falmouth Zoning Board of Appeals (the "Board"), sitting as a special permit granting authority, granting a special permit for the redevelopment of property at 435 Palmer Avenue, Falmouth, owned by M.P.G. Corporation. 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 court's decision, it is

ORDERED and ADJUDGED that the decision of the Board with respect to the property at 435 Palmer Avenue, Falmouth, filed with the Falmouth Town Clerk on April 22, 2016, is hereby AFFIRMED, and it is further

ORDERED and ADJUDGED that the plaintiff's complaint is DISMISSED WITH PREJUDICE, 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