PAUL LePERE v. SALISBURY PLANNING BOARD and HELEN HOLDER, GINA PARK, DON EGAN, LOU MASIELLO, JOHN DOGGET and GIL MEDEIROS, as they are Members and Alternative Member of said Board.

Paul LePere (LePere) filed his Complaint in this action on August 15, 2017. The Plaintiff's Motion for Summary Judgment, Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, Affidavit of Adam J. Costa, Esq., Statement of Material Facts, and Appendix were filed on April 2, 2018. The Defendants' Opposition to Plaintiff's Motion for Summary Judgment, Memorandum of Law in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment, Affidavit of Melissa P. McCarthy, Esq., Statement of Material Facts included with a Statement of Additional Material Facts, and Appendix were filed on April 30, 2018. On May 16, 2018, the Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Defendants' Additional Material Facts with Responses Thereto were filed. On May 22, 2018, the Plaintiff's Motion for Summary Judgment was heard and taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Plaintiff's Motion for Summary Judgment.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUDGED, and DECLARED that the decision of the Planning Board (Board) of the Town of Salisbury dated July 27, 2017 (Decision), denying endorsement of a plan entitled "Plan of Land in Salisbury, MA Showing an Approval Not Required Subdivision at 103-105-109 Folly Mill Road," and dated June 19, 2017 (the Plan), as approval not required under the subdivision control law pursuant to G.L. c. 41, § 81P is ANNULLED. A copy of the Plan is attached as Exhibit A. It is further

ORDERED, ADJUDGED, and DECLARED that LePere's appeal of the Decision is REMANDED to the Board and the Board is ORDERED to endorse the Plan as approval not required under the subdivision control law. It is further

ORDERED, ADJUDGED, and DECLARED that a copy of this judgment may be filed in the Southern Essex Registry of Deeds and marginally referenced on all relevant documents.

By the Court

exhibit 1