Home ARISTA DEVELOPMENT, LLC, Plaintiff v. ZONING BOARD OF APPEALS OF THE TOWN OF BRAINTREE, and STEPHEN KARLL, MICHAEL FORD, RICHARD McDONOUGH, and GARY WALKER, as they all are or were Members or Alternate Members of the Zoning Board of Appeals, Defendants

MISC 20-0000107

OCTOBER 16, 2020




The court, upon consideration of the parties' Joint Motion for a Remand to the Zoning Board of Appeals, filed this day, hereby orders this case remanded to the Zoning Board of Appeals of the Town of Braintree ("Board") so that the plaintiff Arista Development, LLC ("Arista") may submit to the Board a petition, in the form of a remand zoning petition, requesting zoning relief under the Town of Braintree Zoning Bylaw ("Bylaw") modifying its former proposed project of a four-story, 35-unit residential building ("the Project") at the property located 99 and 107 Hancock Street, Braintree ("the Property") to a modified Project containing 30 units, with 5 affordable units (the "Remand Petition").

The Board shall schedule a public hearing on the Remand Petition as soon as possible and no later than 65 days after the filing of the Remand Petition. Notice of the public hearing shall be provided pursuant to G.L. c. 40A, § 11 and sent to all parties in interest. Any costs of advertising the public hearing shall be borne by Arista. No new application fee shall be charged to Arista for the Remand Petition.

In considering the Remand Petition, the Board shall reconsider the evidence presented in the proceedings on the original petition that is the subject of this action along with the Remand Petition and any new evidence presented as part of the Remand Petition. At the public hearing, Arista may present evidence and testimony pertaining to the Remand Petition and the zoning relief requested in the Remand Petition. After the close of the public hearing, the Board shall consider all the evidence, including but not limited to the evidence presented as part of the proceedings of the original petition, the Remand Petition, and evidence presented during the public hearing. After consideration of all the evidence, the Board shall issue a written decision on the Remand Petition, with findings supported by the evidence, in accordance with the Bylaw and G.L. c. 40A, § 9 (the "Remand Decision"). The Board shall issue and file the Remand Decision with the Braintree Town Clerk as soon as possible and no later than 90 days after the close of the public hearing.

The court shall retain jurisdiction of this matter for all purposes, including, but not limited to: (1) enforcing the terms and conditions of this Order of Remand, and (2) hearing any subsequent appeals. Arista shall be entitled to appeal the Remand Decision pursuant to G.L. c. 40A, § 17. Any such appeal shall comply with the requirements of § 17, shall be filed as a Complaint after Remand, and shall be docketed as part of this action.

The parties shall jointly report to the court on the status of the Remand Petition no later than January 15, 2021.