160 MOULTON DRIVE LLC, Plaintiff, v. BRIAN SHAFFER, JOHN FALLON, ANDERS YOUNGREN, ERIC CHISHOLM, and ANTHONY MOCCIA, as members of the TOWN OF LYNNFIELD ZONING BOARD OF APPEALS, the TOWN OF LYNNFIELD ZONING BOARD OF APPEALS, and the TOWN OF LYNNFIELD, Defendants

The Plaintiff 160 Moulton Drive LLC (LLC) filed its Complaint on December 21, 2018, naming as defendants the Town of Lynnfield Zoning Board of Appeals (Board) and its members, Brian Shaffer, Anthony Moccia, Anders Youngren, Eric Chisholm, and John Fallon, and the Town of Lynnfield (collectively, the Town). The Complaint appeals the defendant Board's Decision "Petition of 160 Moulton Drive LLC," Case No. 18-18, of December 3, 2018 (Decision), denying the LLC's application (Application) for a special permit for its proposed project at 160 Moulton Drive, Lynnfield (proposed project) and declining to act on its request for a site plan approval in two counts: Count I, Judicial Review pursuant to G.L. c. 40A, § 17, and Count II, Declaratory Judgment pursuant to G.L. c. 231A, § 8.

This case was tried on January 28, 29, and 30, 2020. The Plaintiff's Post-Trial Brief was filed on May 28, 2020. The Defendants' Post-Trial Brief was filed on May 29, 2020. The court heard closing arguments on June 5, 2020 by video conference, and took the case under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's decision issued today, it is

ORDERED, ADJUDGED and DECLARED that the Decision is hereby ANULLED. It is further

ORDERED, ADJUDGED and DECLARED that the LLC's proposed project that is the subject of the Application and Decision is not substantially more detrimental to the neighborhood, and has therefore met the requisite findings under G.L. c. 40A, § 6 and § 5.2 of the Town of Lynnfield Zoning Bylaw. It is further

ORDERED and ADJUDGED that the Board issue the special permit requested in the LLC's Application within 30 days of this Judgment. It is further

ORDERED, ADJUDGED and DECLARED that the Town of Lynnfield Zoning Board of Appeals re-open the public hearing on the LLC's request for site plan approval, conduct such hearing expeditiously and without delay, and issue its decision within 90 days of this Judgment.