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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-10-12
Status Closed
Type Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket 35 entries
Disposition judgment

Parties

Plaintiff Boxborough Town Center Llc
Defendant Town Of Boxborough Planning Board|Markowitcz, Cindy|Verner, Rebecca|White, Mark|Barbadoro, Mark|Lazarow, Robin

Lawyers

Docket Entries

  1. Agreement for Judgment approved by the Court.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 425838 Date: 10/12/2021
  4. Land Court surcharge Receipt: 425838 Date: 10/12/2021
  5. Land Court summons Receipt: 425838 Date: 10/12/2021
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/22/2021 Time: 10:30 AM
  8. Stipulation as to the Filing of Responsive Pleading, filed.
  9. Answer with Affirmative Defenses, filed.
  10. Certificate of Proof of Service in Compliance with Civ. Pro. Rule 4(f), filed.
  11. Assented-To Motion to Continue Case Management Conference, filed and ALLOWED (Vhay, J.).
  12. Event Resulted: Case Management Conference scheduled on: 11/22/2021 10:30 AM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Michael D Vhay, Presiding
  13. Event Scheduled Judge: Vhay, Hon. Michael D Event: Case Management Conference Date: 12/21/2021 Time: 10:00 AM
  14. Assented-To Motion to Continue Case Management Conference, filed.
  15. The Court has reviewed, and GRANTS, the parties' Assented-To Motion to Continue the Case Management Conference. The Court CONTINUES the conference to January 6, 2021 at 10:00 AM, by telephone. The Court will grant no further continuances of the conference date, even if the parties are continuing to discuss settlement in good faith. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  16. Event Resulted: Case Management Conference scheduled on: 12/21/2021 10:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  17. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/06/2022 Time: 10:00 AM
  18. Joint Case Management Conference Statement, filed.
  19. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  20. Event Resulted: Case Management Conference scheduled on: 01/06/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding Telephonic case management conference and initial intervention event held. All parties appeared through counsel. The Boxborough Planning Board granted Boxborough Town Center, LLC's Definitive Subdivision Plan with conditional waivers. BTC challenges two conditions attached to those waivers, those requiring BTC to (1) "replace the vertical granite curbing in the cul-de-sac island with sloped granite curbing" and (2) "provide restoration plans for the rear portions of the lots, contained with the Town Center District." BTC claims the conditions are arbitrary and capricious. The Board asserts that the conditions don't exceed its authority and are appropriate in light of the Board's decision to grant BTC's requested waivers. At the conference, BTC also mentioned two "minor" issues with the Board's decision, but believed BTC and the Board likely will be able to resolve those issues without litigation. After hearing from the parties, the Court ORDERS them to complete all discovery in this matter (both fact and expert) by July 6, 2022. The Court further ORDERS the parties to appear on July 27, 2022, at 10:00 AM, for a telephonic pre-trial conference. A separate notice of telephonic pre-trial conference will issue. The parties agree to receive notices from the Court by electronic mail. The parties further assent to filing all materials with the Court, and serving such materials on each other, by e-mail. SO ORDERED. Notice of Docket Entry sent to counsel of record by email.
  21. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/27/2022 Time: 10:00 AM
  22. Joint Motion to Extend Discovery Deadline and Subsequent Pre-Trial Conference, filed.
  23. Motion GRANTED. The Court will grant no further extensions of the discovery period except for grave cause shown. The Court ORDERS the parties to appear for a telephonic pre-trial conference on October 21, 2022 at 10:00 AM. A separate notice of telephonic pre-trial conference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: Adam Joseph Costa, Esq. [email protected] null: File Copy Sent On: 07/07/2022 11:03:19
  24. Event Resulted: Pre-Trial Conference scheduled on: 07/27/2022 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  25. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 10/21/2022 Time: 10:00 AM
  26. Agreement for Judgment, filed.
  27. Joint Motion for Approval of Agreement for Judgment, filed.
  28. The Court has received the parties' Joint Motion for Approval of Agreement for Judgment. The Court CONVERTS the October 21, 2022, pretrial conference in this matter to a hearing on the Joint Motion. The Court EXCUSES the parties from their obligations under the Court's July 7, 2022, pretrial conference notice. One of the issues for discussion at the upcoming motions hearing will be whether the Court may modify the Planning Board's decision via an agreement for judgment, instead of remanding the case to the Board so that it may implement the modifications itself. See G.L. c. 41, sec. 81W; Strand v. Planning Bd. of Sudbury, 5 Mass. App. Ct. 18, 22-24 (1977). SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: Adam Joseph Costa, Esq. [email protected] Sent On: 10/17/2022 13:06:12
  29. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 10/21/2022 Time: 10:00 AM
  30. Event Resulted: Pre-Trial Conference scheduled on: 10/21/2022 10:00 AM Has been: Continued Comments: Continued as a Hearing Hon. Michael D. Vhay, Presiding
  31. Event Resulted: Hearing scheduled on: 10/21/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  32. Telephonic hearing held on the parties' Joint Motion for Approval of Agreement for Judgment. All parties appeared through counsel. After reviewing the parties' agreement, the Court DENIES the motion for the reasons stated on the record, without prejudice to the parties filing for approval of a modified proposed judgment. The Court ORDERS the parties to file by November 10, 2022 either a renewed motion or a status report on their settlement efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: Adam Joseph Costa, Esq. [email protected] Sent On: 10/21/2022 14:45:00
  33. Agreement for Judgment, filed.
  34. Joint Motion for Approval of Agreement for Judgment, filed.
  35. The Court has reviewed, and GRANTS pursuant to Land Court 10, the parties' Joint Motion for Approval of Agreement for Judgment. The Court DIRECTS the Recorder to enter the parties' Agreement for Judgment as a judgment of this Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Paul James Haverty, Esq. [email protected] Plaintiff: Christopher Jerome Alphen, Esq. [email protected] Defendant: Adam Joseph Costa, Esq. [email protected] Sent On: 11/04/2022 14:13:10

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