Home CHERYL GRESEK v. ROBERT GAMBALE, BENJAMIN FIERRO, ROGER LeBLANC, WILLIAM PAGE, LEWIS VIAHOS, ROBERT TRAGERT and REBECCA GAYTON as members of the Ipswich Zoning Board of Appeals, DARRELL SEPPALA, and JOANN SEPPALA.

MISC 16-000105

July 12, 2019

Essex, ss.

LONG, J.

JUDGMENT

With:

For the reasons set forth in the court's Decision of this date, the decision of the Ipswich Zoning Board of Appeals at issue in this case is AFFIRMED in part and REMANDED in part. It is AFFIRMED insofar as it ruled that the Seppalas' new home falls within the grandfather protections of the zoning bylaw and was thus properly constructed by right, needing only the building permit it received and not a special permit or variance. It is REMANDED for the building inspector and board to ensure that the Seppalas modify their additional parking and/or patio so that the overall development comes into compliance with the bylaw’s open space requirement.

SO ORDERED.