News

Expanded Commons aided by special permit in Topsfield

By Mike Stucka
Staff writer
Published: July 9, 2008

TOPSFIELD — Robert Frost said good fences made good neighbors, but improved fencing and parking are unlikely to end a lengthy series of legal disputes between a homeowner and a neighboring wedding hall.

The Topsfield Zoning Board of Appeals is putting the finishing touches on the written form of a special permit for The Commons, which will bring more legal protection to a business that has drawn a number of lawsuits.

Orlando Lopez, who lives next door at 93 Main St., acknowledges that The Commons has become a better neighbor because of fencing and parking but said the basic problem remains.

"In the midst of a residential neighborhood, we have a function hall, an eating-and-drinking facility. It obviously impacts the value of housing and creates traffic and noise disturbances," said Orlando, a lawyer fighting a 2000 zoning decision, a 2006 Town Meeting zoning change and the recent installation of a $150,000 septic treatment plant.

The Zoning Board of Appeals voted unanimously June 27 to permit The Commons to operate as a conference and event facility. When the written decision is finalized and filed, neighbors will have 20 days to contest it, said Roberta Knight, the town's community development director. Before that decision, the facility had been "grandfathered" in as an event facility, Knight said.

The Commons, which was built in 1854 as a church, hosted weddings, church events and elections for decades. In 1994, Frank and Kristi Martino bought it and remodeled it. The second floor boasts chandeliers, hardwood floors, a balcony and a stage. The location is next to the town common, adjoining homes, two Historical Society properties and a church complex.

Frank Martino declined to discuss the disputes with the Lopez family and said it was premature to comment on the unfiled zoning permit.

Lopez said he hadn't heard of the zoning board's decision. The board had been reviewing the request since January. Lopez said if the special permit goes all the way through, it makes legal challenges much more difficult.

"We have a number of cases in court, (including) one that opposes the changing to the zoning regulations that allowed the special permit," he said. "Unfortunately, zoning cases are very hard and they have good lawyers who drafted this. It doesn't change anything, it just makes it permanent."

While the new special permit gives The Commons fresh permission to operate, the permit is limited to the existing business and ownership. The zoning board requires the leasing of 60 parking spaces from the Congregational Church of Topsfield and prohibits The Commons from charging guests for parking.

John Coulon, Topsfield's health agent, said the new septic system Lopez is fighting nearly turns effluent into drinking water. It was also necessary because the Martinos pumped out their old system after every single event for years, he said.