On June 16, 2021 aMotion,Ex Partewas filedinvolving a dispute betweenViola, Antonio,andBasiliere, Ralph,Clark, Frederick,Frasca, Neil,Lacroix, Phillip,Rubera, Jennifer,Wilson, Harmony,Wylie, Thomas,for Administrative Civil Actionsin the District Court of Essex County.
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Date Filed 10/28/2022 3:23 PMSuperior Court - EssexDocket Number 2177CV00624 13 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. C.A. NO.: 2177 CV 00624 10/28/2022 ANTONIO VIOLA, RECEIVED Plaintiff Vv. HARMONY WILSON, RALPH BASILIERE, THOMAS WYLIE, PHILLIP ) JOINT STATUS REPORT AND LACROIX, NEIL FRASCA, FREDERICK) JOINT MOTION TO LIFT STAY CLARK, and JENNIFER RUBERA, as they ) are members of the CONSERVATION ) COMMISSION FOR THE CITY OF HAVERHILL, ) ) Defendants ) ) The Plaintiff Antionio Viola (“Viola”) and Municipal Defendants Harmony Wilson, Ralph Basiliere, Thomas Wylie, Phillip Lacroix, Neil Frasca, Frederick Clark and Jennifer Rubera as they are members of the Conservation Commission for the City of Haverhill (the “Commission”) (collectively, the “Parties”) hereby jointly move that this Court lift the stay allowed by the Court on September 17, 2021. The Parties state on August 16, 2022, the Northeast Regional Office of the Department of Environmental Protection issued a Superseding Order of Conditions (the “SOC”) approving the construction of a single-family house, driveway and associated utilities (the “Project”) proposed by Antonio Viola The Parties further state on September 8, 2022, the Commission appealed the SOC to theDate Filed 10/28/2022 3:23 PMSuperior Court - EssexDocket Number 2177CV00624 Office of Appeals and Dispute Resolution under the provisions of 310 CMR 1.01(6) and 310 CMR 10.05(7). 10 CMR 1.01(6)(h) provides that “the Presiding Officer shall stay administratively any appeal of a superseding determination or order of conditions issued under M.G.L. c. 131, § 40 when the determination or order is denied under a local wetlands bylaw and the denial is appealed to court.” Accordingly, the Commission’s Appeal shall be stayed until this matter is resolved. The Parties are engaged in preliminary discussions to determine whether this matter can be resolved without further litigation. The Parties mutually agree that the Commission shall file the Administrative Record / Answer within sixty (60) days from this date under Standing Order 1-96. Date: October 28, 2022 Municipal Defendants, By their Attorneys, a, a, Mark Bobrowski, BBO No. 546639 Christopher J. Alphen, BBO No. 691813 Blatman, Bobrowski, Haverty & Silverstein, LLC 9 Damonmill Square, Suite 4A4 Concord, MA 01742 Phone: (978) 371-2226 Fax: (978) 371-2296 Plaintiff, By his Attorneys, DonaldF Coranatianr (4, Donald F. Borenstein, BBO No. 566810 Gordon T. Glass, BBO No. 706234 Johnson & Borenstein, LLC 12 Chestnut Street Andover, MA 01810 Tel: 978-475-4488 Fax: 978-475-6703 Page 2 of 2
Case Info
Judge
Jeffrey T. KarpTrack Judge’s New Case
Case No.
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Document Filed Date
October 28, 2022
Case Filing Date
June 16, 2021
County
Category
Administrative Civil Actions
Status
06/16/2021
Parties
Alphen, Esq., Christopher JeromeAttorney for the Defendant
Basiliere, RalphDefendant
Bobrowski, Esq., MarkAttorney for the Defendant
Borenstein, Esq., Donald FrancisAttorney for the Plaintiff
Clark, FrederickDefendant
Frasca, NeilDefendant
Glass, Esq., Gordon TAttorney for the Plaintiff
LaCroix, PhillipDefendant
Rubera, JenniferDefendant
Viola, AntonioPlaintiff
Wilson, HarmonyDefendant
Wylie, ThomasDefendant
James BowersAttorney
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