On December 08, 2023 a
Affidavit of Margaret Clark in support of motion for temporary restraining order and preliminary injunction
was filed
involving a dispute between
Clark, Margaret,
and
Alan Lipkind As Member Of The Marblehead Zoning Board Of Appeals,
Barlow, William,
Benjamin Labreque As Member Of The Marblehead Zoning Board Of Appeals,
Drachman, Leon,
Gaunt, Julie Ann,
Gaunt, Rory,
Labreque, Benjamin,
Leon Drachman As Member Of The Marblehead Zoning Board Of Appeals,
Lipkind, Alan,
Moriarty, William,
for Real Property
in the District Court of Essex County.
Preview
Date Filed 1/18/2024 12:28 PM
‘Superior Court - Essex
Docket Number 2377CV01198
9.2
THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
ESSEX, ss. SUPERIOR COURT
Docket No. 2377CV01198
MARGARET CLARK
Plaintiff
le
$
| WILLIAM MORIARTY,
{WILLIAM BARLOW,
‘ALAN LIPKIND,
BEN. [AMIN LABREQUE,
;AND LEON DRACHMAN,
'AS MEMBERS OF THE MARBLEHEAD
ZONING BOARD OF APPEALS
1
‘AND
Rory AND JULIE ANN GAUNT
Defendants
AFFIDAVIT OF MARGARET CLARK IN SUPPORT OF MOTION FOR TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION
|
|
| I, Margaret Clark, being duly sworn, hereby depose and state as follows:
t
1 Iam the Plaintiff in the above referenced action.
2 Since the filing of the Complaint, the Gaunts, or their agents, have now trespassed
I
onto my backyard to place wooden stakes and florescent paint on my stone patio and placed
wooden stakes and metal pins in the middle of my step at the access to my property and at the
{
corer of my house, and have added a spike to the top of one of my fence posts, presumably
1
|
marking the Gaunts’ alleged boundary line.
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Date Filed 1/18/2024 12:28 PM
Superior Court - Essex
Docket Number 2377CV01198
3 Since the filing of the Complaint, the Gaunts have and continue to place items,
including chairs weighted with stones, on my driveway, presumably to claim their alleged right
to the driveway
4. The stakes at the side and front of my house suggest that the Gaunts are now
dlaiming the area of my garden and tree at the side of my house.
1| 5 Additionally, in the last snowstorm, Rory Gaunt shoveled up to the newly
1
ty defined" edge per his stakes to the corner of my house, where he never had before shoveled that
||
area and is now trespassing on my property to do so.
1
6 This recent behavior began only after the Gaunts were notified of my claims and I
|
filed the Complaint.
| 7 There is no basis for the Gaunts, or their agents, to trespass onto my property.
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| 8 The Gaunts have no need to enter onto my property.
9 The Gaunts’ conduct has caused damage to my property by placing stakes and
paint on my patio and fence and metal pins in the middle of my step.
'
t
10. The placement of chairs within my driveway impedes access to my property.
|'
'
l SIGNED UNDER THE PENALTIES OF PERJURY THIS 17" DAY OF JANUARY,
2024.
Dated: January 17, 2024 /s/ Margaret Clark
Margaret Clark
signed w/ approval
/s/ Thomas K. MacMillan
Thomas K. MacMillan, Esq., BBO# 312150
t
Date Filed 1/18/2024 12:28 PM
Superior Court - Essex
Docket Number 2377CV01198
RESPECTFULLY SUBMITTED,
PLAINTIFF MARGARET CLARK
By Her Attorneys,
Dat January 18, 2024 /s/ Thomas K. MacMillan
Thomas K. MacMillan, Esq., BBO# 312150
MacMILLAN LAW OFFICES
145 South Main Street - P.O. Box 5279
Bradford, MA 01835
978-521-5272
tkmmaclaw@aol.com
/s/ Kristin M. Yasenka
Kristin M. Yasenka, Esq., BBO# 659944
Yasenka Law PLLC
One New Hampshire Avenue, Suite 125
Portsmouth, NH 03801
603-952-3452
kristin@yasenkalaw.com
Certificate of Service
I hereby certify that on January 18, 2024, a true copy of the above document was served
‘by email upon:
‘Adam J. Costa, Esq.
Matthew D. Provencher, Esq.
Mead, Talerman & Costa LLC
;30 Green Street
| Newburyport, MA 01950
I adam@mtclawyers.com
‘matt@mtclawyers.com
“Attorneys for Defendant Marblehead Zoning Board of Appeals
‘Nina L. Pickering-Cook, Esq.
Anderson & Kreiger LLP
50 Milk Street, 21st Floor
(Boston, MA 02109
\pickering@andersonkreiger.com
‘Attorney for Defendants Rory and Julie Ann Gaunt
‘Dated: January 18, 2024 /s/ Thomas K, MacMillan
Thomas K. MacMillan, Esq.
Preview
Date Filed 1/18/2024 12:28 PM ‘Superior Court - Essex Docket Number 2377CV01198 9.2 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ESSEX, ss. SUPERIOR COURT Docket No. 2377CV01198 MARGARET CLARK Plaintiff le $ | WILLIAM MORIARTY, {WILLIAM BARLOW, ‘ALAN LIPKIND, BEN. [AMIN LABREQUE, ;AND LEON DRACHMAN, 'AS MEMBERS OF THE MARBLEHEAD ZONING BOARD OF APPEALS 1 ‘AND Rory AND JULIE ANN GAUNT Defendants AFFIDAVIT OF MARGARET CLARK IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION | | | I, Margaret Clark, being duly sworn, hereby depose and state as follows: t 1 Iam the Plaintiff in the above referenced action. 2 Since the filing of the Complaint, the Gaunts, or their agents, have now trespassed I onto my backyard to place wooden stakes and florescent paint on my stone patio and placed wooden stakes and metal pins in the middle of my step at the access to my property and at the { corer of my house, and have added a spike to the top of one of my fence posts, presumably 1 | marking the Gaunts’ alleged boundary line. | Date Filed 1/18/2024 12:28 PM Superior Court - Essex Docket Number 2377CV01198 3 Since the filing of the Complaint, the Gaunts have and continue to place items, including chairs weighted with stones, on my driveway, presumably to claim their alleged right to the driveway 4. The stakes at the side and front of my house suggest that the Gaunts are now dlaiming the area of my garden and tree at the side of my house. 1| 5 Additionally, in the last snowstorm, Rory Gaunt shoveled up to the newly 1 ty defined" edge per his stakes to the corner of my house, where he never had before shoveled that || area and is now trespassing on my property to do so. 1 6 This recent behavior began only after the Gaunts were notified of my claims and I | filed the Complaint. | 7 There is no basis for the Gaunts, or their agents, to trespass onto my property. | | 8 The Gaunts have no need to enter onto my property. 9 The Gaunts’ conduct has caused damage to my property by placing stakes and paint on my patio and fence and metal pins in the middle of my step. ' t 10. The placement of chairs within my driveway impedes access to my property. |' ' l SIGNED UNDER THE PENALTIES OF PERJURY THIS 17" DAY OF JANUARY, 2024. Dated: January 17, 2024 /s/ Margaret Clark Margaret Clark signed w/ approval /s/ Thomas K. MacMillan Thomas K. MacMillan, Esq., BBO# 312150 t Date Filed 1/18/2024 12:28 PM Superior Court - Essex Docket Number 2377CV01198 RESPECTFULLY SUBMITTED, PLAINTIFF MARGARET CLARK By Her Attorneys, Dat January 18, 2024 /s/ Thomas K. MacMillan Thomas K. MacMillan, Esq., BBO# 312150 MacMILLAN LAW OFFICES 145 South Main Street - P.O. Box 5279 Bradford, MA 01835 978-521-5272 tkmmaclaw@aol.com /s/ Kristin M. Yasenka Kristin M. Yasenka, Esq., BBO# 659944 Yasenka Law PLLC One New Hampshire Avenue, Suite 125 Portsmouth, NH 03801 603-952-3452 kristin@yasenkalaw.com Certificate of Service I hereby certify that on January 18, 2024, a true copy of the above document was served ‘by email upon: ‘Adam J. Costa, Esq. Matthew D. Provencher, Esq. Mead, Talerman & Costa LLC ;30 Green Street | Newburyport, MA 01950 I adam@mtclawyers.com ‘matt@mtclawyers.com “Attorneys for Defendant Marblehead Zoning Board of Appeals ‘Nina L. Pickering-Cook, Esq. Anderson & Kreiger LLP 50 Milk Street, 21st Floor (Boston, MA 02109 \pickering@andersonkreiger.com ‘Attorney for Defendants Rory and Julie Ann Gaunt ‘Dated: January 18, 2024 /s/ Thomas K, MacMillan Thomas K. MacMillan, Esq.