2007-07-12-ZBA-min - Laserfiche WebLink

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July 12, 2007 Minutes 2 One of the Board members asked for more details on the land in Lincoln. They do not have a signed lease with Lincoln and the lot will fit 45 cars. Mals tries to bring the abandon cars directly to Lincoln but don't always know which cars are abandon until they are at the Mass Ave lot. Mals is working to find land in Arlington. A Board member asked if they have removed the vehicles then what was wrong with condition number 9. They do not want to reduce the fleet since they are doing more towing. A Board member reminded them that towing is not an allowable use. The Board member has a problem that they are asking the Board to allow them to do something that is illegal. Attorney Dailey said they continue to hope that the town would let them have the towing business. The Board member didn't think the town knew that this was an illegal business. There was a discussion as to how long the business was in operation and if it could be grandfathered. The Board Chairman said the reason for the one year special permit was to give the Kiljikians time to stop what they were doing that was illegal or to make it legal by going to the Town Meeting. The fact remains that this is not an allowed use and once it is on our table we need to take action. Towing cards that are not being repaired is considered a separate business. There was a question as to what was the by -law when the business started. Could it be grandfathered. One of the Board members said that Mals has been doing both businesses for a long time and has a hard time separating the two. In looking at the 12 items that were part of the conditions it looks like Mal has worked hard to be a good neighbor. This Board member was encouraged with what Mal has done and has a difficult time separating the two businesses. Questions /Comments from the Audience: Ellen Basch, 3 South Rindge Avenue — Had copy of original 1966 special permit that does not call for the towing business. Tara Krishnagopal, 1 South Rindge Avenue — At 6:00 tonight someone came to her house wanting to talk with her regarding the issues, this had been the first time anyone had come. She said she is being woken up at 5:00 in the morning because of the noise from Mals. Mike Rizzo, 2317 Massachusetts Avenue — Addressed the public safety issue. Mals is not actively seeking cars, he continually responds in a timely manner when the police call for him to pick up cars. They tow 6 to 12 cars a day. (When asked by a board member if he was speaking as an individual or as a representative of the Police he answered individual.) John Sears, Concord Avenue wanted to know if Mals would be grandfathered. Attorney Daily has not looked into this because he thought this hearing was only regarding the parking issues.