PEABODY – The approval of a variance to a Wiseman Drive resident has sparked litigation by his neighbor in Superior Court.Maria Boutin, of 25 Wiseman Drive, filed the court action Monday against the City of Peabody Zoning Board of Appeals and her neighbor Kevin Guilherme.Guilherme, of 27 Wiseman Drive, filed a variance application on Aug. 19 requesting permission to construct a mudroom showing a right side yard of 4.2 feet, rather than the 15 feet required, and a left side yard of 10.3 feet, rather than the 15 feet as required in a residential zoning district, according to the lawsuit.A public hearing was held in November when the Zoning Board members granted the variance with the conditions that there be no windows in the mudroom and that the mudroom be no closer than 4.2 feet off the right side yard.Attorney George E. Hazel, who is representing Boutin, argues that the Zoning Board failed to set forth sufficient grounds in granting the permit and contends its decision is inadequate on its face.He further argued the decision granting the variance cannot stand unless board members find the requirement for hardship. He states that the decision “exceeded authority” and is “unreasonable, capricious and arbitrary.He asked the court to intercede, hear the evidence, determine the facts and annul the board’s decision and also award costs and attorney fees for the action filed.