KATHLEEN A. FISHER v. ZONING BOARD OF APPEALS OF STOW and EDMUND C. TARNUZZER, JR., CHARLES A. BARNEY, WILLIAM F. BYRON, JR., MARK JONES, BRUCE FLETCHER, as they are members of the ZONING BOARD OF APPEALS, and PRESTI FAMILY LIMITED PARTNERSHIP

This action commenced on January 9, 2018, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Stow Zoning Board of Appeals (the "Board"). The case came on for hearing before the court on the non-municipal defendant's motion to dismiss or in the alternative for summary judgment (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 on all three counts of the Complaint, that the Board was without jurisdiction to make its decision filed with the town clerk on December 20, 2017, regarding property at 84-92 Great Road in Stow, and accordingly, the decision is hereby ANNULLED in its entirety, and it is further

ORDERED and ADJUDGED that the decision of the Stow building commissioner dated May 26, 2017 is reinstated in its entirety as the operative decision applicable to the subject property at 84-92 Great Road, 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.