Court rules against Marblehead man in fight to save home

MARBLEHEAD – The Massachusetts Appeals Court has ruled against Wayne Johnson in his fight to save his $1.1 million home on Bubier Road.But Johnson still has another appeal up his sleeve, waiting to be heard.Johnson claimed that Land Court Judge Charles Trombly Jr. was “arbitrary” last August when he upheld the town order to have Johnson’s home moved or razed and gave him until last Oct. 4 to do it or face civil contempt proceedings – and he claimed that the Marblehead Board of Appeals was “arbitrary and capricious” when they denied him a variance in 2000.After a review, the Appeals Court ruled last Friday that the judge’s order and the appeals board were not arbitrary and their decisions stand.Attorney Charles LeRay of Boston, who is representing Johnson in the Appeals Court matters, maintained Thursday that the appeals board said the size and location of Johnson’s house were appropriate, but still denied his variance request.LeRay noted, however, that Johnson has a second appeal that the Appeals Court has not heard yet.The case went to court because Johnson’s next-door neighbor, Dr. John Schey, sought the removal of Johnson’s house, which he says keeps his house constantly in shadow and blocks his view of the ocean.Johnson’s second appeal states that the Scheys lack legal standing in the case and their lawsuit should be dismissed.”They have no legal reason for filing a case,” LeRay saidMeanwhile the Scheys’ lawyer, Attorney Frank McElroy, is also taking action.McElroy filed a complaint Oct. 6 asking the Land Court to hold Johnson in contempt of court for not razing or removing his house by the Oct. 4 deadline. So far the court has taken no action and McElroy said he will soon file a motion asking the court to issue a summons and bring Johnson in for a hearing.McElroy said there were “no surprises” in the Appeals Court decision on Johnson’s first appeal. “There was no way he was going to succeed,” McElroy said.He also dismissed the two zoning bylaw amendments that Johnson and the Committee for Common Sense Zoning have filed for action by the Town Meeting in May. One would reduce the required frontage for a house lot from 100 to 75 feet. The other would measure the legal width of a house lot at the point where the building faces the street. “That would take us back to 1993,” he said.