Marblehead couple takes home construction lawsuit to Superior Court

MARBLEHEAD – A Eustis Road couple aggrieved by the Board of Appeals decision allowing a special permit for an abutter to construct a new single-family home with less than the required setbacks in the front and side has taken their complaint into Superior Court.Stephen and Sarah Morison, of 5 Eustis Road, filed the court action against the Board of Appeals members and Cornelia G. Stutz, the applicant for the permit.Stutz, who resides at 27 Hanks St. in Lowell, filed an application requesting the special variance to allow for the construction of a new single-family dwelling with less than the required front-yard setback and side-yard setback on the property located at 1, 2 and 3 Eustis Road where an existing accessory garage will be demolished.Last month the Board of Appeals, in a unanimous decision, granted the special variance with the condition that the construction was to follow the submitted plans and specifications.Attorney John R. Keilty of Peabody, who filed the complaint on behalf of the Morisons, argues that the decision of the Board of Appeals members cannot stand unless the Board specifically finds for hardship and that their decision is “inadequate on its face and fails to set forth sufficient grounds” for the granting of the permit.Keilty has asked a judge to hear the evidence and determine the facts and rule that the vote is invalid and should be annulled.