Pizza pie fight comes to end in Lynn

LYNN – A long-standing lawsuit waged against the City Council and a property owner over a pizza shop on Boston Street has ended.Salem Superior Court judge David Lowy ruled in favor of the City Council and the property owner, Carolyn Bianchi, on March 19, 2007, and the Commonwealth of Massachusetts Appeals Court sided with Lowy on April 16.The battle began in 2006 when the City Council approved a special permit for Bianchi to sell food at 820-820-A Boston St., which is in close proximity to another pizza shop.That decision sparked a lawsuit from Konstadinos Koutroubis and Florence Poulopoulos against the City Council and Bianchi, because they were upset with the outcome and cited parking and traffic concerns along with potential noise, odor, refuse, and litter problems.Poulopoulos, who is vice president of VEP Enterprises, Inc., and Koutroubis, a trustee of 816 Boston Street Realty, both hold interest in Effie’s Pizza (business name Picolo Pizza), located at 816 Boston St., according to court documents.In January 2006, Bianchi, who lives at 22 “B” St. in Lynn, filed an application for a special permit from the council seeking permission to use 820-820-A Boston St., as a food establishment.The council unanimously granted the permit shortly after, to which the complainants argued that the council acted “arbitrarily and capriciously” and abused its authority in reaching its decision, and that it was supported by substantial evidence.On behalf of Koutroubis and Poulopoulos, attorney Nicholas G. Curuby was seeking to have a judge declare that the councilor’s actions violated state statue and therefore are void and invalid, and award any such relief the court deemed proper.The City Council, however, said the reasons for granting the permit are as follows: the proposed use will be safe, attractive, and appropriate for the area; no substantial burden will be placed upon the city for food services; no detrimental impact on the city or neighborhood can be envisioned; the proposed use will not derogate from the intent and purpose of the Zoning Ordinance of the city of Lynn, but will enhance it.The judge ruled that there is no evidence that the decision was arbitrary or capricious, or that the council abused its discretion in issuing the decision.Assistant city solicitor James Lamanna said the ruling is a win for the city and Bianchi, who has another pizza shop in Revere.