CITY OF MEDFORD v. VICTORIA KOROVILLAS

This action, which commenced October 2, 2008 with the filing of a verified complaint by the City of Medford (“City”), seeks to enforce certain provisions of the Zoning Ordinances of the City of Medford (“Ordinance”) which would, as the City interprets them, require construction of a “buffer strip” on property of the defendant, Victoria Korovillas (“Korovillas”) at 90 Warren Street, Medford, Middlesex County, Massachusetts (“Locus”) to comply with the Ordinance and to prevent the parking of more than four vehicles in the off-street parking area on the Locus

This case came on for hearing on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has determined that the applicable provisions of the Ordinance do not require the construction of a buffer strip.

In accordance with the court’s Decision issued today, it is

ORDERED, ADJUDGED and DECLARED that, because no more than four vehicles lawfully may park in the off-street parking area at Locus, no buffer strip, as defined in the Ordinance, is required by the Ordinance to be constructed either to shield lawful parking from view, or to prevent unlawful parking. It is further

ORDERED, ADJUDGED, and DECLARED that, consistent with the Decision, Defendant Victoria Korovillas, her agents, representatives, employees, contractors, tenants, occupants of her residential premises at 90 Warren Street, and others acting in concert with them or otherwise having actual knowledge of this Judgment, are hereby permanently ENJOINED and RESTRAINED from parking, leaving, or storing in excess of four (4) vehicles in the Parking Area (exclusive of the existing garage structure) as defined in the Decision. Any failure to abide by the provisions of this paragraph may be enforced or remedied in this court, or in any other court of competent jurisdiction. It is further

ORDERED, ADJUDGED and DECLARED that, because no vehicles lawfully may park in the front yard area of the Locus, no buffer strip, as defined in the Ordinance, is required by the Ordinance to be constructed either to shield lawful parking from view, or to prevent unlawful parking. It is further

ORDERED, ADJUDGED, and DECLARED that, consistent with the Decision, Defendant Victoria Korovillas, her agents, representatives, employees, contractors, tenants, occupants of her residential premises at 90 Warren Street, and others acting in concert with them or otherwise having actual knowledge of this Judgment, are hereby permanently ENJOINED and RESTRAINED from parking, leaving, or storing any vehicles in the front yard area, as defined in the Decision. Any failure to abide by the provisions of this paragraph may be enforced or remedied in this court, or in any other court of competent jurisdiction.

By the Court. (Piper, J).

Attest:

Deborah J. Patterson

Recorder

Dated: July 12, 2010.