Zoning Board Denies Vehicle Sales Amid Compliance Chaos

In a recent government meeting, officials discussed a contentious application for a certificate of zoning compliance for a warehousing, storage, and distribution facility located at Assessors Map 63, Lot 12 in an IA-2 zone. The application, submitted by attorney Dominic Thomas on behalf of the applicant, faced delays due to unresolved issues with necessary permits from the building department and fire marshal.

The timeline of events revealed a complex situation involving the applicant, Mr. Duane Burkey, who initially sought to operate an online vehicle sales business at 40 Oliver Terrace. After being informed that the location was not zoned for such use, Burkey applied for a variance from the zoning board of appeals (ZBA). However, confusion over state regulations led to further delays in the review process.

In September 2023, Burkey entered into an agreement with the building owner, contingent on receiving zoning approval. While awaiting the ZBA's decision, he applied for minor commercial renovation permits, which did not grant business occupancy approval. It was later discovered that Burkey had begun operating his business without the necessary permits, prompting a cease and desist order from zoning enforcement.

Despite the order, operations continued, leading to further enforcement actions. The ZBA ultimately upheld the cease and desist order and denied Burkey's variance application. Following this, Burkey submitted a new application for warehouse use, but concerns persisted regarding the potential for vehicle sales at the site.

During a site visit in July, commissioners observed ongoing vehicle sales activities, despite Burkey's claims of compliance. The Department of Motor Vehicles (DMV) reiterated that vehicle sales must occur at the licensed business address, and any related activities at unlicensed locations are illegal.

The commission has tabled the application, allowing Burkey time to secure the necessary permits and clarify his business operations. The situation highlights the complexities of zoning regulations and the importance of compliance in maintaining community standards.