COLBEA ENTERPRISES, LLC, Plaintiff, v. WALTHAM CITY COUNCIL, Defendants

This is an appeal pursuant to G. L. c. 40A, § 17, of a decision of the City of Waltham's City Council ("City Council") denying three special permits for: (1) a combined convenience store in the gas station located at 225 Waverly Oaks Road in Waltham, MA; (2) a fast-food establishment at said location; and (3) reduced parking for said use or uses.

In a "Joint Motion For Remand" filed on November 27, 2020, the parties have requested that the matter be remanded to the City Council so that the Plaintiff may file supplemental data and revised plans and so that the City Council may reconsider its earlier decision after consideration of same. The Court finds that a remand is in the interest of judicial economy and the parties for the City Council to reconsider the Plaintiff's proposal.

Accordingly, the parties' joint motion for remand is ALLOWED; and it is further

ORDERED that this matter is remanded to the City Council, which shall, within ninety (90) days of the date of this Order, publish and post notice of, and send notice to parties in interest, all in accordance with G. L. c. 40A, § 11, and hold a new public hearing on the remanded special permits as modified by any revised plans proposed by the Plaintiff concerning property at 225 Waverly Oaks Road in Waltham, MA.

ORDERED that this matter is remanded to the City Council for further consideration of the Plaintiff's three special permit petitions and any amendments thereto as conditioned in the parties' Joint Motion For Remand.

ORDERED per the parties' Joint Motion For Remand, Plaintiff shall file a stipulation of dismissal with prejudice in this litigation within seven (7) days of the first day of the public hearing on the remanded special permit petitions held by the City Council, however, Plaintiff may appeal any adverse final decision from the City Council on the remanded special permits for this Court pursuant to, G. L. c. 40A, § 17. Any such appeal after remand, filed in the Land Court, shall be treated as a "related case" to the present case.

So Ordered.