This case was consolidated with the two earlier cases on October 13, 2006, following a case management conference of the same day. Upon remand, the Planning Board was to determine the number of parking spaces required for the Project under Article V, Section 195-17 of the By-law, and to determine whether a special permit for parking was necessary and, if so, warranted for the Project under the requirements of Article V.
Decision I affirmed the Site Plan Approval, the Landscaping Special Permit and the Major Business Complex Special Permit, all as defined in Decision I, issued by the Planning Board to Pinnacle for the construction of the Project, but did not allow the Off-Street Parking and Loading Special Permit (Parking Special Permit 1), which this court remanded to the Planning Board. 274235), in which a decision ("Decision I") was issued on January 10, 2006. This case follows two prior cases heard by this court (Sands, J.) (Miscellaneous Case Nos. Parking Special Permit 2 granted a waiver of the parking requirements under Article V, Section 195-18 (A) of the Town of Chelmsford Zoning By-law ("By-law") in connection with the construction of a Stop & Shop facility (the "Project") on a parcel of land located at 299 Chelmsford Street (being the intersection of Chelmsford Street (Route 110), Route 3 and Glen Avenue), Chelmsford, Massachusetts ("Locus"). 40A, § 17, an Off-Street Parking and Loading Special Permit ("Parking Special Permit 2") granted by Defendant Planning Board of the Town of Chelmsford ("Planning Board") to Defendant Pinnacle Partners, Inc. ("Valley Properties") filed an unverified Complaint on September 21, 2006, appealing, pursuant to G. WILKINS, as they all are or were members or alternate members of the ZONING BOARD OF APPEALS OF THE TOWN OF CHELMSFORD, and the ZONING BOARD OF THE TOWN OF CHELMSFORD PINNACLE PARTNERS, INC., HAROLD ORGAN, JR., JOHN G.
MISC 274535 : VALLEY PROPERTIES, INC., Plaintiff, vs.GEORGE ZAHAROOLIS, as they all are or were members or alternate members of the Planning Board of the Town of Chelmsford, and the PLANNING BOARD of the TOWN OF CHELMSFORD PINNACLE PARTNERS, INC., CHARLES WOJTAS, SUSAN SULLIVAN, RICHARD M. GOFFIN, as they all are were members or alternate members of the PLANNING BOARD OF THE TOWN OF CHELMSFORD, and the PLANNING BOARD OF THE TOWN OF CHELMSFORD. PINNACLE PARTNERS, INC., CHARLES WOTJAS, SUSAN E.
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