Select Board authorizes notice of violation after resident reports $400 off-hours towing

The Plymouth Select Board on Monday authorized the town’s code enforcement officer to issue a notice of violation to Midstate after a resident told the board she was towed late in the evening despite a zoning condition allowing off-hours parking.

Resident Jessica LeLavine told the board she was charged $400 after her vehicle was towed at about 8:30 p.m., and said Midstate’s signage did not conform to the special-exception conditions recorded with the zoning board. "I received a $400 tow charge from Midstate for a half-mile charge," LeLavine said, urging the board to act because she believed the company had not complied with the town’s agreement.

Town staff reported they had advised Midstate to change signage and had reviewed a preliminary replacement sign, but that it did not yet meet the agreement’s terms. The board discussed possible remedies, including encouraging Midstate to reimburse affected drivers and issuing an official notice of violation; staff said the notice would be useful evidence in any civil action by residents seeking refunds.

Select Board members agreed that a formal, clearly worded notice was appropriate. The chair observed that the board—if noncompliance continues—has authority to reverse the special exception and could require Midstate to cease operating the medical center at the Main Street location if the condition is not met.

The board recorded a consensus and then a formal motion to authorize the code enforcement officer to issue a notice of violation citing the special-exception requirement to allow off-hours parking; the motion passed.

Next steps: Staff will prepare the notice of violation (with input from town counsel or the zoning office as needed), deliver it to Midstate, and indicate in the notice that the town expects the agreement’s conditions to be met and that reversal of the special exception is possible if they are not.