In a court appeal dated August 4, the owner of a South Main Street property, which is used in part as a parking lot for commercial vehicles, is challenging recent Zoning Board of Appeals (ZBA) decisions that upheld a zoning enforcement officer's rulings that several uses of that property violate town zoning regulations.Parallel Track

Daniel Amaral, of 41 Elm Drive, who owns Amaral Motors, Inc, at 40 South Main Street, names the ZBA and the zoning enforcement officer as the defendants in the lawsuit. Rob Sibley, deputy director of planning and land use, served as the zoning enforcement officer for the town in the Amaral enforcement action.

Attorney Robert Hall represents Mr Amaral. The lawsuit has been referred to Town Attorney David Grogins for review. The court return date in the case is August 30.

In the legal papers, Mr Hall contends that 40 South Main Street comprises 4.15 acres, not 2.09 acres as is listed in town assessment records.

The 40 South Main Street site holds an 8,420-square-foot automotive repair garage and land to the south, which is used for the storage of commercial vehicles. The site is in a B-2 (General Business) zone.

The business had been a Chrysler/Plymouth auto dealership until 2009, when Chrysler withdrew its automobile franchise. The business also sold gasoline in the past.

According to the lawsuit, the zoning enforcement officer's action to prohibit used car sales at the property amounts to "a taking of a substantial part of the plaintiff's business."

As such, the lawsuit appeals the ZBA's July 13 decision to uphold the zoning enforcement officer's cease-and-desist order prohibiting the sale of used cars at the property. When Amaral sold new vehicles at the property, the sale of used cars was allowed there as an accessory use for the new car dealership, but since the new car business is no longer there, used car sales no longer are allowed there, according to the town.

Mr Hall contests that interpretation of the zoning regulations, stating that used car sales should be allowed at the property.

The lawsuit also appeals the ZBA's decision to uphold the enforcement officer's ruling against allowing various commercial vehicles to be parked at the property. The ZBA states that such parking lots are not permitted by the zoning regulations.

The plaintiff also appeals the ZBA's July 13 decision to uphold the enforcement officer's decision that the use of the property violates zoning regulations concerning the outdoor storage of unregistered motor vehicles, and amounts to the disorderly accumulation of waste, and abandoned and/or used materials that are visible from adjacent streets or lots.

The town charges that Mr Amaral has not shown that the items stored on the lot are being kept there for immediate use incidental to the auto repair business at the property.

The ZBA did not uphold the zoning enforcement officer's ruling that the land south of the garage amounts to a "junkyard." Junkyards are not permitted by the zoning regulations.

Parallel with the court case, Mr Amaral filed an application with the ZBA on July 22 in which he seeks to have the ZBA reverse its July 13 decisions that upheld Mr Sibley's June 17 notice of zoning violations. The ZBA's next regularly scheduled meeting is September 7, when the panel is expected to consider the current application.

George Benson, town director of planning, said August 10 that since July 25, the town has been fining Mr Amaral $100 per day, because the zoning violations at 40 South Main Street have not been resolved.

Mr Hall maintains that any fines against Mr Amaral should be rescinded. Mr Hall adds that any fines should be postponed while Mr Amaral's July 22 application to the ZBA is pending.

In that application, Mr Hall contests the zoning enforcement officer's rulings that the Amaral property is in violation of several zoning regulations.

Mr Amaral also has a separate lawsuit against the town's Board of Assessment Appeals concerning the assessment of 40 South Main Street for taxation purposes. That appeal is dated June 23 and is pending in court.

Also, Mr Amaral has an application pending with the Inland Wetlands Commission in which he proposes making some physical changes to bring the property into compliance with wetlands/watercourses protection regulations.

The IWC canceled its August 10 session at which the wetlands issues were scheduled for discussion. The IWC's next regularly scheduled meeting is August 24.

Mr Amaral is a Democratic member of the Legislative Council.