MARBLEHEAD — A Superior Court decision upheld the 2017 town zoning ruling giving the developer of the Mariner senior housing project permission to move forward.
The decision by Justice C. William Barrett on Nov. 5 and subsequently filed, states “the court finds that there were more than sufficient facts to support the (town Zoning Board of Appeals) 2017 Decision, and the court will not disturb the ZBA’s decision on appeal.”
In his ruling, Barrett concluded the board acted within its scope of authority in 2017 in giving 263-239 Pleasant St. LLC permission to build the 87-bed, 108-unit residential project.
Developer Michael LaFayette in an email on Friday said Pleasant Street is “extremely pleased with the outcome.”
“We are very happy for the town’s residents who showed their support over the last three years. I think it speaks to the need for this type of senior housing based on the demographics and the vocal support we received,” stated LaFayette.
Abutters unhappy with board ruling argued the Mariner site was too small to accommodate the project. They challenged Pleasant St. LLC’s plans in state Land Court and appealed to Superior Court following the board’s December, 2017 ruling in favor of the developer.
But Barrett, in his ruling, found evidence submitted at trial demonstrated the 2017 decision was “based on legally tenable grounds, and is not unreasonable, whimsical, or arbitrary and capricious.”
He ruled that a town bylaw authorized the zoning board to issue a special permit for an assisted living facility “on a parcel of land, in any district, which can accommodate 10 or more residential dwelling units allowed as a matter of right and complies with the minimum dimensional requirements.”
The judge also ruled the board’s decision also complied with town bylaws regarding parking, open space and neighborhood definitions.
Thor Jourgensen can be reached at [email protected].
