December 19, 2014

New Application for 444 Main Street Requires Variances from Deep River Zoning Board

DEEP RIVER— The new special permit application to allow a used motor vehicle dealership at 444 Main Street will require approval of variances from the zoning board of appeals before it can proceed to a scheduled July 17 public hearing before the planning and zoning commission. A public hearing on the variance requests is scheduled for July 8 at 7:30 p.m. in town hall.

Local resident George Bartlett Jr. is seeking approvals for a used motor vehicle sales and service operation at the site of the former manufacturing building he purchased in 2012. The effort has led to two years of zoning disputes, and two lawsuits involving the planning and zoning commission and the ZBA.

An initial proposal in June 2012 led to a lawsuit with the ZBA that is now headed for a settlement to clarify exactly what variances the board approved after a June 19, 2012 public hearing.   The planning and zoning commission in May approved revised regulations governing motor vehicle dealerships and gasoline stations that eliminated one of the issues that forced Bartlett to apply for a variance in 2012, a requirement  that such uses have at least 150-feet of road frontage in the turnpike industrial zone.

But Bartlett, represented by Essex lawyer John Bennet, objected, and later filed a lawsuit in Middlesex Superior Court challenging the zoning amendments approved by the commission on May 15. Bennet contends two other amendments that were approved, requiring that entrances be at least 30-feet wide with a 30-foot setback from adjoining lot lines and for paving of areas where vehicles are stored, would make it “virtually impossible” for Bartlett to develop the property as a motor vehicle dealership. Bennet also alleges in the lawsuit that commission members are prejudiced against Bartlett and his plans for the property.

But Bartlett has also filed a new special permit application for the vehicle dealership that will be considered by the planning and zoning commission under the previous regulations that were in place before the approval of the amendments. The application is scheduled for a July 17 public hearing with the PZC.

Under the new site plan, Bartlett is requesting variances of the requirements for an island for the parking area at the rear of the property, and to reduce the requirement for a 50-foot front yard setback to 30-feet. He is also seeking location approval for the motor vehicle dealership under a state law that requires approval from zoning appeals boards before a state license can be approved for a motor vehicle dealership.

Cathy Jefferson, zoning enforcement officer, said Monday she has not been instructed by the commission to appear at the July 8 ZBA hearing and speak in opposition to the variances, as was the case in 2012. Jefferson said the commission is ready to proceed with the July 17 public hearing on the new application. “If he gets the variances, we’ll take the next step,” she said.