LYNNFIELD
ADVOCATE
Vol. 4, No. 32
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Lynnfield 9-year-olds celebrate tourney win
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he Planning Board recently voted 3-2 to recommend that the Zoning Board of Appeals (ZBA) deny the Special Permit application that would change the use of the Bali Hai property and allow the construction of a 32-unit apartment building. During the Aug. 6 meeting, Attorney Theodore Regnante, counsel for developers
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Friday, August 10, 2018
Planning Board urges ZBA to deny Special Permit for Bali Hai project By Christopher Roberson
THE THRILL OF VICTORY: The Lynnfield 9-year-old Little League team is shown celebrating their recent 10-0 tourney win over Winthrop, pouring water on pitcher James Pasquale. Unfortunately, the little baseball Pioneers lost to an undefeated Marblehead team on Saturday, ending their tourney dreams. See photo highlights on pages 8 & 9. (Advocate photo by Laura Jolly)
SEE PAGE 14
Matthew and David Palumbo, said the ZBA has the authority to grant a Special Permit for a nonconforming use. He also maintained that a variance would not be required. “There is no necessity for having the Zoning Board act on a variance,” said Regnante. “We are in conformity with the dimensional requirements.” Regnante also shared the
PLANNING BOARD | SEE PAGE 2
Arguments continue to fly over Boston Clear Water By Christopher Roberson
T
he struggle drags on to have the Boston Clear Water Company (BCWC) removed from 165 Lowell St. In May of this year, Lynnfield residents Mary Bliss, Andrew Gallucci, Willis O’Brien and John Sievers filed three zoning complaints with Building Inspector Jack Roberto, saying BCWC had violated the town’s zoning bylaws by operating at a site that is not commercially zoned. Bliss, Gallucci, O’Brien and Sievers also said that if the site was ever commercially zoned, two years had passed without it being used for that purpose. Therefore, they said, “the use is no longer lawful and is not protected from zoning enforcement as a lawful pre-existing non-conforming use, nor can the use of the property revert to commercial.” However, Roberto denied their request to take action, which prompted Bliss, Gallucci, O’Brien and Sievers to bring the matter before the Zoning Board of Appeals (ZBA) last month. During the continuation of the hearing on Aug. 7, Attorney Brian McGrail, counsel for BCWC, said the petitioners never provided any zoning-based evidence to support their complaints. “Clearly, they have the burden of overturning the
building inspector,” he said. “We strongly believe that this is a by-right use.” McGrail also reminded the board that Roberto issued the same decision one year ago, which the abutters tried to appeal; however, they were not successful. He said that in November 2017, Town Counsel Thomas Mullen regarded the first appeal as being “fatally flawed.” Attorney Julie Connolly, assisting McGrail, said that in September 2013, BCWC’s predecessor, the Pocahontas Spring Water Company, had a sign stating that the spring was still open. She said BCWC purchased the property on June 24, 2014, and reported that “commercial volumes of water” were sold during the fall of 2014 and the spring of 2015. “There was never any intention to abandon the spring and there was never any abandonment of the facility,” said Connolly. However, she said, BCWC has endured four years of hostility from the abutting residents. “There’s got to be some finality, our clients have rights,” said Connolly. In response, Attorney Jason Kimball, counsel for Bliss, Gallucci, O’Brien and Sievers, said that contrary to McGrail’s ar-
CLEAR WATER | SEE PAGE 2