Zoning board members question court agreement after 301 Penn Avenue parking lot built bigger than approved

Board members spent substantial time discussing an existing parking lot at 301 Penn Avenue that the zoning board approved at a February 2024 meeting for 16 spaces with landscaping, period lighting and an entrance and exit from the rear alley. Members said the lot ultimately was litigated by the city and the owner and that an agreement reached outside the board’s hearing room resulted in a finished lot with 34 spaces, no shrubbery or period lighting and no marked accessible (handicapped) parking spaces.

One board member noted the current lot "has 0 handicapped parking spots" and that paint and signage were absent. Members repeatedly said they had not seen the terms of any court-ordered agreement and asked staff whether the agreement is on public record; staff advised a Right-to-Know request may be necessary if the agreement is not already in the record. The board discussed whether it would be appropriate to require the parties to return to the zoning board if city approval changed the project and noted that landscaping originally scheduled for spring had not been installed because the lot was paved late in the prior year.

Board counsel and staff stressed limits on the board’s authority once a judicially mediated agreement is approved; several members asked staff to attempt to obtain the court agreement or related records. No formal motion or enforcement action was taken during the meeting; the discussion ended with staff agreeing to check records and members reiterating concerns about loss of on-street parking, entrance siting near traffic controls and compliance with prior contingencies.