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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 right to revoke that will." He also warned that the law is not fully settled on whether the city can unilaterally change conditions of a granted special permit.
The opinion described the permit at issue as allowing up to 27 residential units and associated parking for that building; the solicitor said that permission and the factual findings that accompanied the permit were part of the zoning record when the permit was issued. If the city proceeds with a surplus declaration and competitive sale process, the solicitor said two likely outcomes are that the abutting owner is the successful bidder or that the owner is not and then must rely on other public parking solutions in the area.
Committee discussion focused on parking capacity and process history. Members cited rough counts for the immediate area (committee members discussed about 210 total spaces in the broader downtown area, with roughly 50 behind the building, about 60 under a platform, and 27 previously allotted to the permit). Legal staff said prior practice had relied on successive short-term license agreements rather than a formal surplus or lease process; the solicitor and others noted the city is moving toward using the public procurement/surplus process instead of repeated license renewals.
The committee did not take a final vote on declaring the parcel surplus. After receiving the opinion and related packet materials, members requested more time to review the documents. The item remained on the Finance Committee calendar for further consideration.
What’s next: The Finance Committee will continue review of the legal opinion and packet materials before deciding whether to recommend a surplus declaration and any accompanying conditions for the full council to consider.
