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all of which are subject to the 1980 Special Permit Decision and all of which have been issued <br /> within the last six years: Lots 4A(Tab J ,1 ,5A(Tab 2) 8 (jab 3), 9(jab 4 b 5),22A <br /> — ), 16A(Ia <br /> (jab 6 , 20A(jab 7 ,as shown on plan recoded in Plan Book 372,Page 43 (Tab 8 ;Lots 9(Tab <br /> 9), 12 (jab 10), 11 (Lab 11), 13 (Lab 12), 14 (Tab 13), 15 CTab 14), 16 Tab 15), 18 (jab-IJ6 ,23 <br /> (Tab 17 ,24(Tab 18), as shown on plan recorded in Plan Book 578,52 Cab 19). <br /> 38. On January 20,2023,the Trust appealed the Building Commissioner's <br /> determination to the Board. The Board affirmed the Building Commissioner's determination by a <br /> decision dated March 1,2023 (the"Original..Decision"). A true and correct copy of the Original <br /> Decision is attached as Exhibit L. <br /> 39. On March 20,2023,the Trust appealed the Original Decision to the Land Court, <br /> seeking relief under G.L. c. 40A, § 17 as well as declaratory relief as to the viability the Special <br /> Permit under G.L. c. 240, § 14A. <br /> 40. On June 23,2023,the Land Court issued its Remand Order,vacating the Original <br /> Decision and remanding the case back to the Board. Specifically,the Land Court ordered that <br /> "the Board shall,consistent with the Court's Order on May 31,2023 specifically address and <br /> take into account the Board's 1992 interpretation of a special permit application to the Trustee's <br /> property...", <br /> 41. The Remand Hearing occurred on August 9,2023.After deliberation by the <br /> Board, including comments made by the Building Commissioner and the Trust's counsel,the <br /> Board voted to affirm the Building Commissioner's determination. <br /> The Remand Decision is Arbitrar�. C41)recious, Whimsical, and Unreasonable <br /> .......... . Whimsical... <br /> 42. The Remand Decision is arbitrary, capricious,whimsical,and unreasonable. <br /> 10 <br />