Agenda - Planning Commission - 11/06/2003

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Page 4 -- October 10, 2003 118 or odors and would not interfere with air, light~ and breezes currendy enjoyed by the neighbors, the court did agree the addition would decrease some neigh- bors' water views. Basically, the court agreed the addition would create some of the negative effects that concerned the board, but simply disagreed with the extent of those effects. However, it [s the board's evaluation of the seriousness of the problem, not the court's, which is controlling. As long as the board's reason is within the standards of the zoning bylaw, the decision must be sustained. AJthough the court disa~eed with the amount of impact, i~t did nor fred the board's decision was unreasonable. Consequently, the board's decision should not have been reversed. Citation: Britron v. Zoning Board of Appeals of Gloucester, Appeals Court of Massach~sert,, No, 0J-P- 1245 (2003). see also: D~,faulr ,2. Millennium Power Partners L.P., 727 N.f. 2d 87 (2000). see also: John DonnelIy & Sons [nc. v. Ovt~door Advertising Board,. 339 X£.2d 709 (]P75). Nonconforming Use -- Township considers buying salvage yard for golf course Tells landowner nonconforming use abandoned during proposed sale PEN?s'SYLVAxYL~ (08/22/03) -- Heichel's property, was used as a noncon- forming salvage yard. She decided to jell, and listed the property with a realtor for sale as an automobile salvage yard. Santana, who operated a salvage yard in a neighboring counW, offered ro buy the property. During this time, the township expressed an interest in turning the property into a golf course. Heichel was a~eeabte, but the township never made a for: mai often A citizens' ~oup formed to buy.the property for the proposed golf course. The sale was contingent upon the group raising the money. After the ~oup fa/led to raise enough money for the purchase, it asked Heichet to give ir more t/me. Heichel then a~eed to extend the a~eement to give ~e group more time. Some time later, Heichet read in the newspaper that the ~oup had failed to raise the money. Neither the goup nor the township notified her. A2'ter Heichel discovered the ~oap was not able to buy the property, she contacted Samana, who remained willing to purchase the property as long as it could be operated as a salvage yard. Wq~en Heichel applied for her yearly use permit, the board told her the nonconforming use had been abandoned because the property had nor been used as a salvage yard for a year, there were only 10 vehicles remaining on the prope~, and she had shown willingness to sell the property rbr use other than a salvage yard. ~e board also tbund Santana was not a serious buyer because he did nor close ~he sale earlier.