A decision by the Massachusetts Appeals Court has cleared the way for the , Vittori- Rocci Post , to get turned into a rug business.
A three-judge panel determined that the owner of the building next door’s assertion that the rug store would n’t have enough parking was “weak” by a unanimous vote. They agreed with a property court court’s earlier finding that the maximum daily driving demand for the business would be only 29 spaces, “far less” than the 74 that will be provided.
The decision is a win for Landry &, Arcari, a , Salem- based blanket company owned by a , Gloucester , household that plans to turn the building into its fresh headquarters with a financial showroom, rug fabrication area, and storage and office space. The Vittori-Rocci Post, an independent European American War Veterans Post, can continue to work in the restaurant on the ground floor while searching for a new house.
Miranda Siemasko, the counsel for Landry &, Arcari, said Thursday her users have no opinion about their ideas “at this day”.
William Sheehan, the lawyer who represented the plaintiff, said there would be no more legal issues to the job.
The Vittori- Rocci Post, which has occupied the tower at , 143 Brimbal Ave.  , since it was built in 1956, agreed to sell to Landry &, Arcari three years ago due to financial difficulties.  , The Beverly Zoning Board  , of Appeals approved a particular force for the Landry &, Arcari initiative, which includes a two- account contrast to the building.
Ernest Santin, who owned the business building next door at , 133 Brimbal Ave., appealed that decision to get jury. A judge ruled in the aftermath of the trial that Santin failed to provide evidence that the rug store would have a “harmful impact” on the parking lot on his property. The state Appeals Court then heard that decision.
The Appeals Court judges noted that any customer who did not park on Santin’s property would have to” crawl over” the Jersey barrier he built between the two parking lots, in addition to claiming there is more parking.
Santin sold his property last October, but his legal challenge continued under the new owner,  , CEA Group. That’s the same company that operates the , Whole Foods , plaza across the street on , Brimbal Avenue.  , CEA Group , has not said what its plans are for the office building.
The Appeals Court denied a request by Landry &, Arcari to award it attorney’s fees and double costs.
” Although we agree that the plaintiff’s appellate arguments are weak, we do not find them frivolous”, the judges said.
The sale of the , Vittori- Rocci Post , upset the family of , Joseph Vittori, a Beverly man who was killed in the Korean War and was posthumously awarded the Medal of Honor. Vittori’s parents donated the land, which was their family farm, on which the veterans post was built in their son’s memory.
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( c ) 2024 the Gloucester Daily Times
Distributed by , Tribune Content Agency, LLC.
