By MARK SARDELLA
WAKEFIELD — Steven D. MacNeill could be ordered to cease conducting business at his auto repair shop at the corner of North Avenue and Church Street unless he complies with the conditions attached to a Special Permit and decision issued by the Zoning Board of Appeals on May 23, 2013.
A “Notice to Cease and Desist from Violation of Permits” issued by Building Inspector John Roberto III on Sept. 15 gave MacNeill 14 days to comply with the conditions of the Special Permit and ZBA decision. That two week period expires on Monday, Sept. 29.
“You have the right to appeal from the decision to the Board,” Roberto stresses in his notice to MacNeill. “It is my practice to stay enforcement pending the outcome of such an appeal.”
The ZBA briefly discussed the Cease and Desist Notice at their meeting last night and noted that as far as they knew no appeal had been filed to date.
In his Notice, Roberto outlines four specific conditions with which he says MacNeill has failed to comply.
The first condition involves the removal of existing signage and the submission of a detailed final sign plan. Before replacing such signage, MacNeill would also need to obtain a sign permit. Roberto notes, “The original, non-conforming sign which you were instructed to remove has not yet been taken down and you have not applied for a sign permit to replace it.”
The second condition that Roberto says MacNeill has not complied with relates to installing planters on the site as well as a post and chain fence along the perimeter of the site.
According to Roberto’s Notice, MacNeill has also failed to paint stripes on the bituminous surface to indicate approved parking spaces, as agreed to in the ZBA decision and conditions.
The final condition with which MacNeill has not complied, according to the Cease and Desist Notice, involves the number of vehicles on the site.
“Overnight parking was to be limited to 12 vehicles,” Roberto notes, “including the 10 spaces shown on the site plan plus two temporary overnight drop-off spaces. (This includes the two vehicles you are allowed to display for lease or sale.) There have been many nights when 14-16 cars have been observed on the site.”
The notice continues, “You are hereby ORDERED to cease and desist from such violations forthwith.”
In his Notice, Roberto points out that the May 23, 2013 ZBA decision, Special Permit and conditions were issued in response to an application filed by MacNeill. “You subsequently caused these Permits to be recorded and took title to the premises through the limited liability company listed above,” Roberto notes. “You have since operated a business on the premises in reliance on the Permits.”
Roberto outlines in his Notice the enforcement actions that he will take if MacNeill has failed to comply or appeal the Order by Monday, Sept. 29.
According to the Order, those enforcement actions “may include without limitation, the issuance of fines and the commencement of a suit for injunctive relief in Middlesex Superior Court. In the event of such a suit, I anticipate that the relief that I will seek will be an injunction to prevent the conduct of business on the premises until the terms and conditions of the Permits have been fully satisfied.”
Wakefield Municipal Gas & Light Department Manager Peter Dion provided the ZBA last night with a schedule for the construction of the new William Wallace Power Substation on Salem Street in Montrose (across from the Irving gas station). The WMGLD was required to file the schedule with the ZBA by the end of September according to the conditions of the Special Permit allowing the project.
Dion was joined by attorney Brian D. McGrail and construction consultant David Polson.
Dion said that the long vacant homes currently on the site will be razed next month as site preparation begins. Board members said that they wanted a construction fence in place before demolition of the buildings commences and Dion agreed to put the fence up earlier than planned.
Polson said that he expected construction bids to be back by the beginning of December and to award the contract shortly thereafter.
ZBA members insisted that the permanent concrete wall between the site and the closest abutter to the east must be in place before construction begins. Given that, Dion said that the wall will go up by January 2015. Substation construction is scheduled to begin in mid-December and continue for 25 weeks.
Dion said that he expected the substation to be finished and “energized” by July 1, 2015.
The ZBA granted a Special Permit and a variance that will allow an accessory in-law apartment in Ralph A. Sordillo’s 33 Coolidge Park home.
The board granted a Special Permit allowing Kristen and Jeffrey Found to place an accessory in-law apartment within their home at 1 Jessica Ln.
The Board of Appeals issued determinations that will allow Brian Fenochietti to do renovations and construct an addition on to his 37 Central St. home.
The ZBA issued findings that will allow David Barrett to raze an existing single family structure at 10 Line Rd. and construct a two-family home in its place.