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Home My WebLink About4601 59 Parkwood Rd Barry v. Morreale Appeal and Correspondence STONE & REID ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION* SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 TEL_ (508) 3945648 FAX (508) 3981699 DAVID S. REID, ESQ. MICI-IAEL F. STONE, ESQ. DSReid@verizon.net MFStoneEsq@Juno.corn June „ 6, 2015 Yarmouth Town ClerkVsit- 1146 Route 28 1c3 South Yarmouth, MA 02664 0`7 , ., , ,p. 4?-0o RE: Zoning Board of AppealsSO Case # 4601 Dear Mr. Goudet: Please be advised that I represent Ralph F. Barry of 63 Parkwood Road, South Yarmouth, MA. On behalf of Mr. Barry, I have filed in the Barnstable Superior Court an Appeal, pursuant to General Law c. 40A §17, from the June 11, 2015 decision of the Yarmouth Board of Appeals, in its Appeal #4601. That decision relates to property of Lawrence and Angela Morreale, at 59 Parkwood Road, South Yarmouth. A copy of the Appeal and decision, are enclosed herewith for your records. Ve tr ly urs . avid . Reid, sq.— DSR/dmp Encl. (1) cc: Yarmouth Board of Appeals dp43/barry/let/yarmouth town clerk *Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office.Rule 7.5(d) COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THh COMMONWEALTH BARNSTABLE, ss SUPERIOR COURT CIVIL ACTION h7� cv 03.Ab RALPH F. BARRY, JR., ) 'TRUSTEE ) Plaintiff ) ) v. ) COMPLAINT LAWRENCE MORREALE and, ) RECEIVED ANGELA M. MORREALE, TRUSTEES and S'i'EVEN DeYOUNG, SEAN IGOE, ) JUN 2 8 2015 BRYANT PALMER, GERALD GARNICK ) TOWN;CLERK. and CHUCK HART ) 1. The Plaintiff, Ralph F. Barry, Jr., is the Trustee of the Ralph F. Barry, Jr. Family Living Trust, and the owner of the property at 63 Parkwood Road, South Yarmouth, MA. 2. The Defendants, Lawrence Morreale and Angela M. Morreale, are the Trustees of the Lawrence Morreale Living Trust of 183 Hartford Street, Natick, MA 01760, and are the owners of property at 59 Parkwood Road, South Yarmouth, MA. (Hereinafter referred to as "Morreale" or the "Applicants"). 3. The Defendants, Steven DeYoung, of 691 Willow Street, South Yarmouth, MA 02664, Sean Igoe, of 223 South Sea Ave., West Yarmouth, MA 02673, Bryant Palmer, of 66 Traders Lane, West Yarmouth, MA 02673, Gerald Garnick, of 258 Winter Street, Hyannis, MA 02601, and Chuck Hart, of 2 Jerusha Lane, West Yainxouth, MA 02673, are the duly appointed members of the Yarmouth Zoning Board of Appeals. (Hereinafter collectively referred to as the "Board"). 4. In May of 2015, the Applicants filed an application with the Board, seeking relief from the Yarmouth Zoning Bylaw, in order to be permitted to construct an attached garage to their pre-existing non- conforming single-family home at 59 Parkwood Road, South Yarmouth, MA. 5. The Plaintiff's property is located adjacent to the Applicants' property, and he was notified, as a party in interest, of the application and pending hearing on the Defendants' application. 6. On June 11, 2015, the Board held a hearing on the Applicants' said application, and after hearing voted to grant the requested Special Permit to authorize the construction of the non-conforming addition to the applicant's home. 7. The Plaintiff opposed the said application at the Board's hearing, and is aggrieved by the Board's decision. 8. The Board filed the decision with the Yarmouth Town Clerk on June 17, 2015, an attested copy of which is attached hereto as Exhibit A. 9. Plaintiff believes, and therefore alleges, that the Board exceeded its authority by making the decision to grant the Defendants' application. Wherefore, the Plaintiff requests that this Honorable Court declare the Board's decision to have exceeded the lawful authority of the Board, declare said decision to be null and void, and to enter such other or further equitable relief as the Court may deem just and proper. EXHIBIT 9 A VI pC . OWN OF YARMOUTH IT:::, " BOARD OF APPEALS ' = � DECISION /.- —t- E O EST: FILED WITH TOWN CLERK: June 17,2015 PETITION NO: #4601 Z 7101C/ MC TOWN.CLE K HEARING DATE: June 11,2015 PETITIONER: Lawrence J. Morreale,Trustee i; PROPERTY 59 Parkwood Road, South Yarmouth ,j! Map & Lot#: 0025.300; Zoning District: R-25 ';I Doc#:1,209,181; Ctf.#:199031 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman, Sean Igoe,Bryant Palmer, and Gerald Garnick. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Lawrence Morreale, Trustee of LA Realty Trust which holds title to 59 Parkwood Road, South Yarmouth, MA property in an R-25 Zoning District. The Petitioner seeks a Special Permit pursuant to By-law §104.3.2 (2) in order to construct a 24' x 26' garage to the southeast side of his residence. If allowed, the completed structure would be from 17.9' to 12.4' from the abutter's side line. The Board received 2 Exhibits, a letter of support dated 6/9/15 from Mr. and Mrs. Sheehan at 54 Parkwood Road and a letter of support dated 6/1/15 from Mr. and Ms. Cloran of 60 Parkwood Road. The Board also heard from Ralph Barry of 63 Parkwood Road, the abutter most affected by the proposed relief. Mr. Barry spoke well of his feelings that the structure would be too close to his home which he had taken pains to locate so as to preserve his privacy. The relief sought was, at least, minimal and related to only approximately 50% of the length of the proposed garage. Even at its closest, it is only 2.6' from what would be allowed without relief. Moreover,the Board was mindful that, as this is a corner lot, location elsewhere on the property would be very difficult, requiring front set-back relief which the Board is historically reluctant to grant. Lastly,the Board consensus was that,as the addition is a garage, it would not impact the Barry family privacy. Finding that the Special Permit, if granted, would result in no undue hazard, nuisance nor congestion nor cause any substantial detriment to the present or future character of the neighborhood or Town,Mr. 1 / Palmer then moved to grant the petitioned relief and Mr. Hart seconded. Upon this Motion, the Board • / voted unanimously in favor and the Special Permit was therefore,granted without condition. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,the Special Permit shall lapse if a substantial use thereof has not begun within 24 months.(See bylaw,MGL c40A §9) �e A TR OPY ATT ST- Steven a g, ianCh efbil4ii /CMC/TOWN C 1 2 STONE & REID ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 TEL (508) 3945648 FAX (508) 3981699 DAVID S. REID, ESQ. MICHAEL F. STONE, ESQ. DSReid@verizon.net MFStoneEsq@Juno.com June 26, 2015 Barnstable Superior Court 3195 Main Street P.O. Box425 RECEIVED Barnstable, MA 02630 RE: Barry v. Morreale, et al JUL O l 2Q15 15 72 CV 0326 YARMOUTH BOARD OF APPEALS Dear Mr. Nickerson: In reference to the above-captioned civil action, I enclose herewith the Plaintiff's Affidavit of Notice pursuant to G.L. c. 40A §17. Very yo , David S. Reid, Esq. DSR/dmp Encl. (1) cc: L. & A. Morreale Yarmouth Board of Appeals R. F. Barry, Jr. dp43/barry/ct let *Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office.Rule 7.5(d) Respectfully Submitted, / Ralph F. Barry, Jr., By His ttorney, "" eefed-e---- --------' David S. Reid, Esq. -_'._.. 1292 Route 28 South Yarmouth, MA 02664-4452 508-394-5648 dsreid@verizon.net BBO #415540 dp43/barry/complaint COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH BARNSTABLE, ss SUPERIOR COURT CIVIL ACTION 5T7? Cv (.9 3c' Co RALPH F. BARRY, JR., ) TRUSTEE ) Plaintiff ) ) v. ) AFFIDAVIT OF NOTICE ) LAWRENCE MORREALE and, ) ANGELA M. MORREALE, TRUSTEES ) and STEVEN DeYOUNG, SEAN IGOE, ) BRYANT PALMER, GERALD GARNICK ) and CHUCK HART ) I, David S. Reid, an attorney for the Plaintiff in the above-captioned action, pursuant to G.L. c. 40A §17, hereby certify that I have served notice of the above appeal, with a copy of the Complaint and Civil Action Cover Sheet, on all Defendants, by certified U.S. mail to each at the addresses alleged in said Complaint, postmarked June 26, 2015, and by delivery in hand to the office of the Yarmouth Town Clerk on June 26, 2015. Signed under the pains and penalties of perjury, this ?( day of June, 2015. Respectfully Submitted, Ralph F. Barry, Jr., By Hi ttorney, G David S. Reid, Esq. 1292 Route 28 South Yarmouth, MA 02664-4452 508-394-5648 dsreid@verizon.net BBO #415540 dp43/barry/affidavit of notice DOCKET NUMBER Trial Court of Massachusetts 14 CIVIL TRACKING ORDER (STANDING ORDER 1-88) 1572CV00326 The Superior Court CASE NAME: Scott W. Nickerson, Clerk of Court Ralph F. Barry,Jr.Trustee of Ralph F. Barry,Jr. Family Living Trust vs. Barnstable County Lawrence Morreale Trustee of Lawrence Morreale Living Trust et al TO: David Steele Reid, Esq. COURT NAME&ADDRESS Stone & Reid, P.A. Barnstable County Superior Court 3195 Main Street 1292 Rt 28 Barnstable, MA 02630 S Yarmouth, MA 02664 TRACKING ORDER - F - Fast Track You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. STAGES OF LITIGATION DEADLINE SERVED BY FILED BY HEARD BY Service of process made and return filed with the Court 1 xj 3 09/24/2015 1 iNgiteinV Response to the complaint filed (also see MRCP 12) r 10/26/2015 All motions under MRCP 12, 19, and 20 10/26/2015 11/23/2015 12/23/2015 All motions under MRCP 15 10/26/2015 11/23/2015 12/23/2015 All discovery requests and depositions served and non-expert � '; � " 04/21/2016 0 ,y despositions completed « lF .,U aesu .ic.. •.r.H d� �� osy 'ff „3r3 All motions under MRCP 56 05/23/2016 06/20/2016 /;t- A Final pre-trial conference held and/or firm trial date set , Y 10/18/2016 S f 4:4 y'�1 ' a ` Case shall be resolved and judgment shall issue by �at10 �,��n�� teta3 1261 1 ;,��W 06/26/2017 iSgArl The final pre-trial deadline is not the scheduled date of the conference.You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to RECEIVED DATE ISSUED ASSISTANT CLERK JUL 2 2015 PHONE 06/26/2015 (508)375-6684 YARMOUTH BOARD OF Ar GALS scv026111/2014 Dale/Time Printed:06-26-2015 09:48:12 Clark, Sandi From: David S. Reid <dsreid@verizon.net> Sent: Wednesday, April 27, 2016 9:17 AM To: Clark, Sandi Subject: RE: 59 Parkwood Rd. Sandi, No, it is still pending in the Superior Court. However, I have had some discussions with the owner's attorney about how to resolve the matter. Has something new been filed with you ? David Reid From: Clark, Sandi [mailto:SClark@yarmouth.ma.us] Sent: Wednesday, April 27, 2016 9:07 AM To: David S. Reid Subject: 59 Parkwood Rd. Good Morning David, I have been doing some "housekeeping" and I am curious if 59 Parkwood has been resolved? Have a nice day, -Sandi 1 Clark, Sandi From: Jay Talerman <jay@bbmatlaw.com> Sent: Thursday, June 30, 2016 4:56 PM To: ssd@carterdeyoung.com Cc: Clark, Sandi;Johnson-Staub, Peter; Michael Kennefick Subject: Barry v. Yarmouth ZBA Steve: Good afternoon. As you may have heard,we are the new Town Counsel for Yarmouth. We just received a deposition notice for you in the above-referenced matter. We believe that depositions are in appropriate in cases such as this. I called the attorney seeking the deposition and tried to talk him out of it, to no avail. Accordingly, we will be filing a motion in court protecting you from the subpoena. Thus, you need not attend the deposition. Of course, please call or email if you have any questions. jay Jason R. Talerman, Esq. Blatman, Bobrowski,Mead&Talerman, LLC 730 Main Street, Suite 2B Millis, MA 02054 Office: (508)376-8400 Mobile: (508)446-2002 www.bbmatlaw.com 1 Clark, Sandi From: David S. Reid <dsreid@verizon.net> Sent: Monday, August 28, 2017 2:35 PM To: Clark, Sandi Cc: 'Jay Talerman' Subject: Morreale - #4601 Sandi, The petition of Lawrence Morreale, of 59 Parkwood Road, S Yarmouth, which was appealed by the abutter, Ralph Barry, will be remanded to the Board shortly. We had a pre-trial conference in Superior Court last week, and the Petitioner agreed to go back to the Board for further consideration of their request. My client is Ralph Barry, of 63 Parkwood Road. Would you please put a note in the file to also notify me of the hearing date,as the Barry's do go to Florida in the fall, and I will be representing them at the hearing. Thank you. David S. Reid, Esq. 1292 Rte. 28 South Yarmouth, MA 02664-4452 508-394-5648 FAX 508-398-1699 - - Confidentiality Notice & Disclaimer- - The information in this message and any attachments are intended solely for the named addressee. 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