Mt. Vernon lofts sued on permit

LYNN – The Mayo Development Group has hired Boston Attorney Timothy Schofield to represent them in a lawsuit filed last November concerning the expansion of the MV24 building it owns at 24 Mt. Vernon St.Assistant City Solicitor James Lamanna said the lawsuit, which was filed at Salem Superior Court on Nov. 16 by Jonathan Bedard, manager and owner of three units of the 90 Exchange St. condominium complex, claims the City Council’s decision to allow the conversion of the MV24 building from 32 to 49 units was “unsupported by evidence and untenable.”According to the complaint, in 2004 the City Council approved special permit for the Mayo Group to convert 24 Mt. Vernon St. into a 32-unit condominium complex.Then this past September, the Mayo Group filed a petition to amend the permit to increase the number of units from 32 to 49.”The thing is that Bedard appeared and testified before the City Council in favor of the project (on Oct. 23), but within the 20-day appeal period for interested parties, so he must have had a change of heart,” Lamanna said.The Council granted the request for an expansion to the Mayo Group because the city’s economic climate had changed, along with its plan to attract potential homebuyers.Prior to the expansion, there were four, two-bedroom units available, and the rest of the open lofts varied in size from 600 square feet to more than 1,000.According to court documents, Bedard claims that the expansion would instead allow for a use that is not in harmony with the general purpose and intent of the Lynn Zoning Ordinance; adversely affect the area; does not serve the public good; was in excess of the authority of the City Council; was unsupported by the evidence, and is legally untenable.Furthermore, Bedard requested that the court rescind the decision to expand the number of units, and to grant other relief that the court deems to be proper and just.However, Lamanna said Bedard would have to go into further detail about his grievance because, as of now, it is merely a boilerplate complaint.”It must be about the additional units,” he said. “From what I understand, he owns a property close to the Mayo Group’s building and that the expansion would have an affect on his building. However, he’s the only one that has stepped forward about the issue so far.”Until the issue is resolved, Lamanna said the Mayo Group would only be allowed to rent 32 of the 49 units at the MV24 complex.”The Mayo Group got an attorney and the city plans to work in conjunction with them to file a derogatory,” he said. “At that point, Mayo and the city can build a case as to why the decision should not be reversed. I’m confident that the city and the Mayo Group will be successful in the lawsuit.”Ward 5 Councilor Paula Mackin, who was unaware of the details of the lawsuit, said she was surprised to hear about it.”I thought it was a little odd myself because he (Benard) came to the Council and voted in favor for it (expansion of units),” she said.Calls placed to Benard’s attorney, George Richardson, were not returned Wednesday afternoon.