COMMONWEALTH OF MASSACHUSETTS

Transcription

1 COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY LAND COURT DEPARTMENT Of The Trial Court Docket No. DANIEL L. DeANGELIS, CHRISTINE SNOW, ROBERT FREVE, KRISTIN R. WHITFELD, ELLEN M. MORRISON-BEOTE, ANNE DOW, CARRIE SUSAN WILLIAMS, FREDDA FORD, MARGARET RUBINO, MOLLY LYNN BENSON, CATHERINE A. BURACK, CAROL CHALKER, DANIEL FOLEY, MATTHEU KELSCH, JENNIFER MORRIS, THOMAS E. BARKER, v. Plaintiffs JOHN THOMSON, ELLEN HUTCHINSON, CATHERINE BARRETT, NED BARRETT, ELLEN FLANNERY, DAVID MACK, JAMES MATZ, WAYNE MILLER, and JOHN MULLADY, as they are members of the PLANNING BOARD of the CITY OF BEVERLY, MASSACHUSETTS, and CEA BEVERLY LLC, and STEVEN A. COHEN, Defendants PLAINTIFFS COMPLAINT IN APPEAL OF A DECISION OF THE DEFENDANT PLANNING BOARD OF THE CITY OF BEVERLY DATED MARCH 31, 2015 [Massachusetts General Laws Chapter 40A, Section 17] Introduction 1. This action is filed as an appeal of a decision of the Planning Board of the City of Beverly, Massachusetts dated March 31, 2015 in which the Planning Board granted a

2 special permit on application # of CEA BEVERLY LLC for a project known as North Shore Crossing at 140 Brimbal Avenue, Beverly, The appeal is taken pursuant to the provision of Section 17 of Chapter 40A of the Massachusetts General Laws. Parties 2. Plaintiff Daniel L DeAngelis resides at 207 Brimbal Ave, Beverly, Essex 3. Plaintiff Christine Snow resides at 72 Northridge Road, Beverly, Essex 4. Plaintiff Robert Freve resides at 26 Northridge Road, Beverly, Essex County, 5. Plaintiff Kristin R. Whitfield resides at 121 Northridge Road, Beverly, Essex 6. Plaintiff Ellen M. Morrison-Beote resides at 1F Northridge Road, Beverly, Essex 7. Plaintiff Ann Dow resides at 66 Northridge Road, Beverly, Essex County, 8. Plaintiff Carrie Susan Williams resides at 18 Northridge Road, Beverly, Essex 9. Plaintiff Fredda Ford resides at 28 Northridge Road, Beverly, Essex County,

3 10. Plaintiff Margaret Rubino resides at 52 Northridge Road, Beverly, Essex 11. Plaintiff Molly Lynn Benson resides at 191 Brimbal Avenue, Beverly, Essex 12. Plaintiff Catherine A. Burack resides at 6 Brimbal Hills Drive, Beverly, Essex 13. Plaintiff Carol Chalker resides at 191 Brimbal Avenue, Beverly, Essex 14. Plaintiff Daniel Foley resides at 4 Brimbal Hills Drive, Beverly, Essex County, 15. Plaintiff Mattheu Kelsch resides at 94 Brimbal Avenue, Beverly, Essex 16. Plaintiff Jennifer Morris resides at 38 Budleigh Avenue, Beverly, Essex 17. Plaintiff Thomas E. Barker resides at 5 Brimbal Hills Drive, Beverly, Essex 18. Defendant John Thomson resides at 9 Thoreau Circle, Beverly, Essex 19. Defendant Ellen Hutchinson resides at 4 Concord Terrace, Beverly, Essex 20. Defendant Ned Barrett, a.k.a Edwin Barett, III, resides at 4 Noble Hill Road, Beverly, Essex

4 21. Defendant Ellen Flannery resides at 30 Conant Street, 3E, Beverly, Essex 22. Defendant David Mack resides at 2 Eagle Lane, Beverly, Essex County, 23. Defendant James Matz resides at 10 Victor Avenue, Beverly, Essex County, 24. Defendant Wayne Miller resides at 5 Pasture Road, Beverly, Essex County, 25. Defendant John Mullady resides at 49 Corning Street, Beverly, Essex 26. Defendant Catherine Barrett resides at 13 Lowell Street, Beverly, Essex 27. Defendant CEA BEVERLY LLC is a Massachusetts Limited Liability Company with a principal address of 1105 Massachusetts Avenue, Suite 2F, Cambridge, Middlesex 28. Defendant Steven A. Cohen resides at 1105 Massachusetts Avenue, Suite 2F, Cambridge, Middlesex Jurisdiction and Standing 29. This Court has jurisdiction over this matter pursuant to the provisions of Chapter 40A of the General Laws and the provisions of the Beverly Zoning By-law. Each of the Plaintiffs has standing to prosecute this appeal as their interests, protected by Chapter 40A of the General Laws and the provisions of the Beverly Zoning By-law, will be affected and damaged under the special permit being appealed in this action.

5 Facts 30. Each of the Plaintiffs is aggrieved by the decision of the Beverly Planning Board dated March 31, 2015 which granted a special permit to defendant CEA BEVERLY LLC (application #139-14), hereinafter referred to as the Decision. A copy of the Decision is attached hereto and incorporated by reference in this Complaint. 31. The findings of the Beverly Planning Board set forth in the Decision are incorrect, arbitrary, capricious, legally untenable and in excess of the authority of the board: A. The site is not an appropriate location for the proposed use; B. The character of adjoining uses will be adversely affected by the project as approved in the Decision; C. There is evidence that property values of the Plaintiffs and other residents of the City of Beverly will be adversely affected by the project as approved in the Decision; D. Undue traffic and nuisance will result from the project as approved in the Decision, even as acknowledged in the Decision itself. E. There are valid objections by the Plaintiffs and other residents of the City of Beverly which are based on demonstrable fact. 32. The Decision is legally untenable, arbitrary, capricious and exceeds the authority of the Planning Board of the City of Beverly. WHEREFORE, the Plaintiffs request that the Court annul the Decision and grant

6 all other relief which is warranted and appropriate. DANIEL L. DeANGELIS, CHRISTINE SNOW, ROBERT FREVE, KRISTIN R. WHITFELD, ELLEN M. MORRISON-BEOTE, ANNE DOW, CARRIE SUSAN WILLIAMS, FREDDA FORD, MARGARET RUBINO, MOLLY LYNN BENSON, CATHERINE A. BURACK, CAROL CHALKER, DANIEL FOLEY, MATTHEU KELSCH, JENNIFER MORRIS, THOMAS E. BARKER, By their Attorney Dated: April 17, 2015 Frank L. McElroy 28 Mt. Pleasant Street Rockport, MA Tel BBO#332380