Published in the November 24, 2015 edition

By MAUREEN DOHERTY

LYNNFIELD— The town is taking a two-pronged approach toward a final resolution in the clean-up and disposition of the Perley Burrill property at 906–914 Salem St.

During a meeting held last Wednesday between town officials, property owner Joseph Pedoto and his associates, Pedoto was given two weeks to return with an engineered plan for the site. Pedoto currently owes the town nearly $205,000 in back taxes.

Selectmen Chairman Phil Crawford told the Villager that Pedoto was informed this plan must comply with the town’s regulations for a “by right” development under the town’s zoning bylaw.

“We told him if, by right, you can put in two homes, that’s what you’re going to get. If, by right, you can do three homes, that’s all you’re going to get. No one is going to give you a variance for anything more. They understood that,” Crawford told the Villager.

The town has long maintained that the grandfathered status of the property for a business use in a residential district had lapsed as of December 2013, two years after it ceased to be used as a gas station.

Concurrently, Crawford said the town will take the legal steps necessary in court to enforce the cease and desist order issued by Building Inspector Jack Roberto on Oct. 15 to ensure the illegal uses on the property cease.

“He’s now beyond the dates not only for the 14-day notice, but the 30 days allowed before (the town) can go back and enforce it. We’re contemplating filing a restraining order and going back to court, showing he is in contempt of the first order,” Crawford said.

The restraining order would be used to force Pedoto to comply with the town’s request to “get the trucks and businesses and landscaping paraphernalia off that property; to stop selling used cars and whatever else the court orders him to do.”

In addition to Crawford, town officials participating in the negotiations were Roberto, Town Counsel Tom Mullen and Town Administrator Jim Boudreau. Crawford said Pedoto was present and represented by his attorney, Joseph Brodigan, as well as Michael Merullo, a Lynnfield resident who Crawford said is “the third mortgagee on the property. He’s the one that’s driving the bus right now.”

The second mortgagee is Global Oil, with whom Pedoto has been negotiating and potentially “worked out a deal” to settle that debt.

As previously reported by the Villager, prior negotiations initiated by Crawford and state Rep. Brad Jones with Bank of America and its lobbyists led to the discharge of the first mortgage on the property last month. Avoiding foreclosure by the bank removed “one of the impediments” for Pedoto and his investors to spend the money needed to clean up the property.

“We understand this was a business deal for the investors; the people that gave (Pedoto) some money,” Crawford said. “Whether or not they can make money in the long run still remains to be seen because they didn’t get an engineering plan or have any kind of layout of what they wanted to do. They were looking to see what they actually can do. The meeting in two weeks is going to be the more important one.”

Crawford added that they were informed an updated environmental report had been done on the site but that the town could not have access to it because Pedoto “hasn’t paid for it yet.”

After the meeting was over, Crawford said Pedoto was due to meet with his engineer, Peter Ogren, of Hayes Engineering.

“It’s beautiful property other than the fact that it has the gas station on it,” Crawford said. He described the back of the property, toward Witham Street, as undeveloped. The town would like to see some green space maintained for the neighborhood.

“We’re looking at different scenarios that might work for him and might be a win for the town,” Crawford said of the engineered plan they anticipate having submitted in two weeks. Once submitted, the town will run the numbers to determine if it’s feasible for Pedoto to develop and still meet his remaining financial obligations or if it would be better for him “to walk away.”

“They still have to pay Global Oil. They have to pay the taxes, which is almost $205,000. Then he would have to make enough money on this to pay himself back,” Crawford said.

If those numbers don’t add up, Crawford said, “We still have the option of taking it under a tax title, which is what we’ve been trying to avoid.”