Planning board tables special‑use request for home‑based auction business at 36 Grove Ave amid neighborhood objections and ownership questions
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Summary
The board tabled a request by Connie Laxton to operate CNY Surplus from 36 Grove Ave after neighbors raised complaints about business activity at the address and staff noted prior code enforcement contacts; the board asked the applicant to clarify who will occupy the house and which businesses will operate there.
The Auburn Planning Board on Tuesday tabled a special‑use permit application to operate CNY Surplus from a home at 36 Grove Ave after public commenters said a business has already operated at the address and staff confirmed prior code enforcement contacts.
Applicant Connie Laxton described CNY Surplus Inc. as an independent contractor for Auctions International and said the business operates online; she said sales staff visit auction sites to take photographs and that her firm manages accounts for municipalities and schools. “We are independent contractors for Auctions International,” Laxton said at the podium.
Neighbors opposed the permit during public comment. Mike Belf, who lives across the street, said he has repeatedly complained to code enforcement and alleged ongoing business activity at the property: “She does not live there. She has not lived there. She has no intention of living there,” Belf said. City code enforcement and Auburn Police Department involvement were referenced by staff in response to public comments.
Staff told the board that enforcement records showed previous complaints; code staff said some complaints were not substantiated, and police were involved on certain calls. Brian Hicks, head of code enforcement, confirmed multiple prior contacts and said some complaints could not be fully verified without additional investigation. Ashley (city staff) recommended the board require owner occupancy as a condition if it were to approve a home occupation: “My recommendation would be that if the board wants to consider issuing a special use permit, there be a condition that the applicant must live at the property,” Ashley said.
Board members also discussed an additional small auction/hobby activity identified in the meeting record (referred to as Top Hat/Compact Auctions) and whether that activity should be included on the application. The applicant acknowledged materials remaining in the house related to estate contents and agreed the items could be moved if that would address neighbor concerns.
After deliberation, the board moved and carried a motion to table the application to allow the applicant to clarify ownership and occupancy, and to amend the application to list all businesses planned to operate at the address. Motion to table was made by Theresa Walsh, seconded by Andy Tehan, and passed by roll call (Theresa Walsh, Andy Tehan, Amy Sargent and Crystal Cosentino voting yes). The board asked the applicant to provide documentation proving owner‑occupancy and to clarify the status of other businesses and inventory before the matter returns.
