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Gardner City legal staff: zoning special permit doesn’t bar sale of 13–17 West Lyon St., but parking license is revocable
Summary
The Gardner City Finance Committee reviewed a legal opinion concluding that a zoning special permit for an adjacent apartment does not legally prevent the city from declaring 13–17 West Lyon Street surplus, but an earlier license granting tenant parking preference is revocable, leaving parking access uncertain; the committee asked for more time to review.
The Gardner City Finance Committee on Nov. 25 reviewed a city-issued legal opinion about whether land at 13–17 West Lyon Street may be declared surplus and sold despite a zoning special permit tied to a neighboring apartment building.
City legal counsel told the committee the special permit itself does not legally prevent the city from declaring the property surplus and disposing of it. The solicitor said the city’s earlier written permission for the neighbor’s parking was a license that "is revocable at the will of the licensor," and noted, "the city of Gardner always has the…
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