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Marblehead home razed after 18-year legal battle

THIS STORY APPEARED IN
Boston Articles
February 22, 2012|By Brian MacQuarrie
(Page 2 of 2)

In Noonan’s view, his client was victimized over a nonexistent water view that the Scheys argued they had lost. Although both properties are adjacent to town-owned Seaside Park, the Scheys do not have a good harbor view because of the park’s trees, Noonan maintained.

“It’s a Pyrrhic victory to be fighting for a water view that doesn’t exist and will not exist,’’ Noonan said.

McElroy insisted that the Scheys now will enjoy such a view from their two-story home. But the more important goal, he said, was access to the sun.

“The illegal density completely blocked off light to this place and created an unbelievable privacy issue,’’ McElroy said.

The case bears similarities to the demolition ordered recently for a $10 million home in Truro. In both cases, local building permits were approved for the homes, appeals were filed by neighbors, the owners were warned they could lose their homes, and state judges eventually ruled that the residences violated town zoning law.

The original rationale for approving the building permit in Marblehead seems to have been obscured by time. Mark Bobrowski, the town’s special counsel in the case, said he was unsure of the reasoning.

Although the Zoning Board of Appeals later voted, 3 to 2, to overturn the approval, four votes were needed to reverse, Bobrowski said.

Town officials, he said, are relieved to put the case behind them. “I’m sure it’s been nerve-racking,’’ Bobrowski said.

Some town residents had other words to describe this long war of legal attrition.

“It’s just totally ridiculous,’’ said Jerry Cooke, shaking his head, an employee at ACE Hardware here. “It’s a waste of time and taxpayers’ money. I think it’s absolutely asinine.’’

The house, he said, should have come down a dozen years ago.

Tony Brogna, who owns a downtown pizza shop bearing his name, shook his head in bewilderment.

“I feel bad for the owner or whoever has money involved,’’ Brogna said. “But I guess they’ve got no choice. I hate to see that, but what are you going to do?’’

Noonan and McElroy also bemoaned the money spent on the case.

“The amount spent on legal fees is obscene,’’ Noonan said. “That puts the grudge kind of in context, that people would be willing to spend in excess of six figures to fight a neighbor to tear down a house that, quite frankly, was an attractive house.’’

But Johnson, according to McElroy, spent much more thanthe Scheys.

Residents on the quiet street, tucked between Seaside Park and the causeway to Marblehead Neck, spoke quietly with each other but did not wish to comment publicly about their neighbors.

Up the street, after the news helicopters had left, the backhoe continued filling a huge container with the remnants of Johnson’s home. Only a chimney remained standing amid the debris.

“It’s not an easy thing to destroy your own house,’’ Noonan said.

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