MARC LIEBMAN v. WILLIAM MORIARTY, WILLIAM BARLOW, ALAN LIPKIND, and DAVID TUBRIDY as members of the Marblehead Zoning Board of Appeals, and MICHAEL PIVACEK.

For the reasons set forth in the court's Decision of this date, the decision of defendant Marblehead Zoning Board of Appeals filed with the tovm clerk on June 12, 2014 regarding the use of plaintiff Marc Liebman's property at 7 Orchasd Circle, depicted as Lot 4 on sheet one of the plan of land entitled "Definitive Subdivision of Orchard Circle in Marblehead, MA Plan of Lots" dated January 25, 1989 and recorded as Plan Book 261, Plan 18 at the Essex (South) Registry of Deeds, which is attached hereto as Exhibit 1, (the "house lot") and the 3,862-square­foot lot depicted as "Open Space" on that plan (the "Open Space Parcel"), is AFFIRMED, except as follows. The portion of the Board's decision directing the building commissioner to issue a notice of violation for violations of the 1989 and 1990 Planning Board and Zoning Board of Appeals decisions and require the landowners to "restore the [Open Space Parcel] by removing all paving . . . and to maintain the area as an 'undisturbed area"' is VACATED and REVERSED.

Except for Mr. Liebman's employees working inside his house and except for the residents of that house, all persons affiliated with Mr. Liebman's business (including, but not limited to, full- and part-time employees, independent contractors, subcontractors, and per diem workers) are PROHIBITED from coming or going to Mr. Liebman's property for any business­related purpose. This does not prohibit customer meetings so long as they occur inside of the house.

Except for those that will shortly be used on the house itself, the transfer or storage of any construction materials at Mr. Liebman's house lot or on the Open Space Parcel is PROHIBITED, and the outdoor storage of house-related construction materials for more than fourteen (14) days is also PROHIBITED.

The outside parking of more than one lettered (i.e., business-labeled) vehicle, on either Mr. Liebman's house lot or the Open Space Parcel is PROHIBITED.

SO ORDERED

exhibit 1