pages: PlanningBoard/2017-05-08.pdf, 7
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PlanningBoard | 2017-05-08 | 7 | there is a parking problem or not. She said she is very clear what the problems are with the business at the current location. She said they are clearly in violation and is inclined to revoke the use permit. She said she could also support giving staff more time to consider if notices were properly provided if the board feels that is necessary. Board Member Curtis said he agrees with Board Member Zuppan. He said the city is not the villain and the property owner is not a victim here. He said the expectations were very clear after the November meeting. He said he would be inclined to revoke the use permit as well. Board Member Sullivan raised concern about what would happen if the business went away. She said the family trust and condition of the property would lead it to sit for a long time, as the Party Warehouse has. She said the lost tax revenue would be significant as well and that it was a difficult choice. Board Member Mitchell said he does not want to make any knee jerk decisions. He said an owner-operated business might lead to better results. He said he is fine with the current use and likes to see a mix. Board Member Burton said the intent and compliance of the conditions are what matters. He said it is clear that they are not being met, even if the wording was imprecise. He said there have been enough chances and would support revoking the use permit. Board Member Knox White asked if there was a reason why they could not move forward if the city cited the wrong section of the use permit in the notices of violation. Staff Attorney Roush said that the board could still revoke given the totality of the evidence and complaints made, even if the notices did not perfectly identify which section of the use permit was being violated. Board Member Knox White asked if they could add a requirement to the permit to have the business be owner-occupied. Staff Attorney Roush said that would be a significant limitation and said he would generally caution against such a condition. Board Member Knox White said he met with the Garfinkles and with Big O. He said the board may have revoked the use permit in 2015, but took the easy way out hoping that the tenant's plan to move to Oak St. would solve the problem. He said it is a difficult decision. He said he would not support continuing the use permit with the current language. He said he does not see a significant difference between customers that park in the neighborhood for this business versus other businesses on Park St. He said we could revoke the use permit, or loosen the conditions after getting more information about the parking conditions in the neighborhood. Approved Planning Board Minutes Page 7 of 10 May 8, 2017 | PlanningBoard/2017-05-08.pdf |