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On September 6, 2022, the parties filed a Joint Motion for Remand. All parties, pursuant 'to' ., '- <br />Mass. R. Civ. P. 25(c), jointly seek an order remanding this matter back to the Board so that it may <br />consider amending the conditions to the special permit pursuant to an agreement between Plaintiffs <br />and the Private Defendants. <br />Accordingly, it is hereby ORDERED that: <br />1. The case shall be remanded to the Board so that it may consider adopting the amended <br />conditions to the Special Permit agreed to in the Plaintiffs and Private Defendants' <br />Settlement Agreement, dated August 28, 2022; <br />2. The Board shall schedule a remand hearing within thirty (30) days of the date of this <br />Order. The Board shall open, hold, and conclude this new open public hearing, after full <br />and proper notice of the hearing has been published, posted, and served, in accordance <br />with governing law; <br />3. Absent further order of the court, and except as specifically authorized in this Remand <br />Order, all proceedings in the litigation of this action are STAYED pending the issuance <br />and filing of the Board's supplementary decision on remand; <br />4. This Court shall retain jurisdiction of this matter pending the remand proceedings; <br />5. The parties shall submit a joint status report to the Court every 60 days relative to the <br />status of the remand proceedings; <br />6, If the Board does not adopt the proposed amended conditions to the Special Permit, then <br />the parties shall forthwith notify the Court by filing a joint report and requesting a pre- <br />trial conference; <br />7. If the Board does adopt the proposed amended conditions to the Special Permit, then the <br />parties shall file a stipulation of dismissal, dismissing the subject action with prejudice <br />and without costs, unless otherwise ordered by the Court. <br />2 <br />