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Zoning board denies special permit after open-lot storage violation at 558 Pleasant St.
Summary
The Zoning Board of Appeals denied a request for a special permit that would have allowed open-lot storage and commercial vehicle parking at 558 Pleasant Street after the building inspector's citation, with board members pointing to missing applicant materials and the applicant's absence at the hearing.
The Norwood Zoning Board of Appeals on Oct. 7 denied a special permit request for 558 Pleasant Street (case 25-18) that sought to allow open-lot storage of tools and equipment and the parking of large commercial vehicles in part of the property.
Attorney David Hearn Jr., representing 558 Pleasant Street LLC, told the board the property's tenant had been cited by the building inspector on June 23 for zoning violations and that the tenant subsequently left the site. Hearn said his client had considered applying for a special permit to legalize uses in the manufacturing portion of the parcel but that the tenant ultimately vacated and the violations were abated on or about Sept. 25, according to inspector correspondence.
Board members and Hearn discussed accrued fines referenced in a building inspector memo: fines of $300 per day per violation, two violations cited, which the inspector's letter indicated had accrued to $56,400. The board and Hearn clarified that enforcement of fines is administered by the building inspector; if fines are imposed the property owner may appeal the inspector's decision back to the ZBA. Hearn requested the board consider the enforcement history and the owner's lack of control over the tenant when weighing any remedies.
The hearing record showed the applicant did not appear in person with the plan the board had requested (a certified plan showing property lines and where storage would be sited). Board members said the absence of required information and the applicant's failure to present a plan weighed against granting relief. After closing the public hearing, the board moved to deny the special permit; the chair announced the request was denied.
The denial is limited to the zoning special-permit request before the ZBA; separate enforcement or fine determinations remain subject to the building inspector's administrative process and any subsequent appeal to the ZBA.
