Home CROWNED EAGLE, LLC, LINDA FOSSILE and GERALDINE FOSSILE TRUSTEES OF THE CANTERBURY REALTY TRUST, KEVIN SALLESE and KAREN SALLESE, Plaintiffs, v. JOHN J. SOUZA, SALVATORE CICCONE, THOMAS CARIGAN, MICHAEL MAHAN, CAROL VITTORIOSO, PATRICK PERLA and FRED FREDERICKS, as they are Members of the City of Leominster Planning Board and the CITY OF LEOMINSTER PLANNING BOARD, Defendants

MISC 20-000002

NOVEMBER 12, 2020

WORCESTER, ss.

ROBERTS, J.

ORDER ON JOINT MOTION FOR REMAND

This is an appeal pursuant to G. L. c. 41, § 81BB, of a decision of the City of Leominster Planning Board ("Planning Board") disapproving a definitive subdivision plan of property located at Willard Street, Leominster.

In a Joint Motion For Remand And For Stay Of Proceedings ("Joint Motion") filed on November 12, 2020, the parties requested that the matter be remanded to the Planning Board so that the Planning Board may consider a modification to the subdivision plan made by the plaintiffs. The court finds that it is in the interest of judicial economy and the parties for the Planning Board to consider on remand the plaintiffs' modification.

Accordingly, the parties' Joint Motion is ALLOWED, this matter is STAYED, and it is further

ORDERED that this matter is remanded to the Planning Board, which shall, within sixty (60) days of the date of this Order, publish and post notice of, and send notice to abutters, all in accordance with G. L. c. 41, § 81T, and hold a new public hearing on the plaintiffs' submission as modified by the revised plans proposed by the plaintiffs. The hearing may be conducted virtually in accordance with all applicable orders concerning the modification of open meeting requirements, including without limitation the Governor's Order of March 12, 2020, as it may be amended. Within forty-five (45) days of the close of the remand hearing, the Planning Board shall issue a decision and file a certificate of its action with the Town Clerk; and it is further

ORDERED that this court shall retain jurisdiction of this matter. Within twenty (20) days after the filing of the Planning Board's new certificate with the Town Clerk, the plaintiffs shall either file with the court an amended complaint seeking review of the new decision, and shall request a further case management conference, or the parties shall file a stipulation of dismissal, unless otherwise ordered by the court.

SO ORDERED.