Legal battle continues over Nahant meat market

NAHANT – After two years of legal disputes in state Land Court, the case regarding a specialty meat shop on Castle Road is far from being resolved.On Oct. 4, 2006 the Planning Board recommended that the Zoning Board of Appeals deny Old Town Meats’ special permit because the property is zoned residential, but the ZBA issued the permit anyway.On Oct. 30, the ZBA reconsidered its previous permit on a technicality and rescinded it. It then issued a new permit.A lawsuit filed in state Land Court on Nov. 6, 2006 on behalf of a group of abutters asked the court to overturn the ZBA decision of Oct. 30, which granted permission for Old Towne Meats to open.Abutters Joseph L. Giardella and Laurie A. Giardella retained attorney William DiMento to represent them in the case against shop owner Gail Dombrowski, her partner Vincent Lopez and five members of the Zoning Board of Appeals.DiMento said the second permit was granted by the ZBA without a public hearing, which violated the law, and state Land Court agreed. After the court remanded the case back to the ZBA, the application was approved once again so abutters appealed the decision in State Land Court.The meat market opened on the site of the former Doyle Electric, 2 Castle Road, in January 2008 despite the ongoing litigation.DiMento said abutters are opposed to the store because it has an adverse impact on their quality of life. He said the neighbors have concerns about inadequate parking, a potential decrease in property values, noise and litter.A land court decision issued on Dec. 30, 2008 ruled in favor of the market when it denied summary judgment in favor of the plaintiffs. But the market and town immediately filed a joint motion for reconsideration on the grounds Giardella did not support her testimony that access to her driveway was hindered by patrons of the markets with photographs as stated in the decision.DiMento said the town is trying to win the case by discrediting his client.”The bottom line is the defendants (the market and ZBA) attempted to end the case by saying the plaintiffs don’t have a right to complain,” he said. “The decision said my clients (the abutters) have a right to complain.”On Jan. 16 state Land Court issued an order stating the town and Old Towne Meats were mistaken when they interpreted the earlier decision as relying upon Giardella’s photographs and “disputed facts” when making its decision. It denied the motion to reconsider filed by Old Towne Meats and the town.DiMento said he now intends to file a motion for summary judgment saying the ZBA exceeded its authority in granting the permit.”The permit they granted is incorrect,” he said. “I am confident we will prevail.”