Landscaping business slated to take over Marblehead site

MARBLEHEAD – A Salem landscaping business is poised to move to the 8-12 Ocean Ave. site where Dr. Jeff Rockwell planned to establish a veterinary clinic.Bruce Osgood, owner of Osgood Stone Works on Highland Avenue, purchased the property in a mortgage foreclosure auction Nov. 25. Century Bank and Trust foreclosed on Jack and Debbie Ahearn, the former owners of the property, nullifying a purchase and sale agreement Rockwell had with the Ahearns. At the auction, Osgood bid $525,000 – $10,000 higher than Rockwell’s highest bid – and Rockwell did not bid again.The downtown Marblehead veterinarian is still waiting for the outcome of a Feb. 6 pre-trial conference at the Boston Land Court, however, according to his lawyer, Attorney Paul Lynch.”We’re still waiting to get everything finalized in Land Court,” Lynch said last week. He declined to comment further. Rockwell could negotiate an agreement with Osgood, but a sign announcing Osgood’s arrival at the site appears to make that less likely.The Land Court case was filed by neighbors of the former Ocean Florist to test last year’s 4-1 Board of Appeals vote in Rockwell’s favor.The neighbors’ lawyer, Attorney William R. DiMento, said he plans to seek a summary judgment in his clients’ favor because Rockwell “no longer has standing.”DiMento said Osgood has discussed plans with the neighbors, who hope to see a landscaping business at the site. If Osgood’s proposal differs significantly from the previous business Osgood will have to seek a permit from the Board of Appeals.The Ahearns purchased the property from Charles E. and Jean T. Osborne in April 2007 for $764,000, but were unable to “restore and reinvigorate” the Osborne Florist business, which had flourished at that site for 80 years. At the time of the auction the town valued the property at $830,800.During the hearing on Rockwell’s proposal, Ahearn told the Board of Appeals he had a second offer from an unidentified garden business that wanted to add gravel and crushed rock to the gift shop, florist shop and garden supply business now at that location. “Change is coming,” he said. “I thought Rockwell’s offer was in the best interest of the neighbors.”