Boston Clear will once again be defending your rights to be able to come get our precious water in a Lynnfield Zoning Board of Appeal Meeting on Tuesday, September 11 (7:30pm) at AL MERRITT CENTER 600 MARKET STREET LYNNFIELD, MA 01940
The issue is that there are four neighbors who do not want the spring to operate. The four dominated a past ZBA meeting that consumed hours of time leading to no decision in the Boston Clear case and pushed back other cases that Lynnfield needed to address.
We are confident in our ability to move forward and hope that this meeting is the last so that we can move on and focus on serving our customers. In times like this ,where clean water is a crisis in this country, we need to have a clean source for our families. Many water supplies in the area, including that of Lynnfield Central Water District , are have trouble delivering clean water to its customers.
First, you need to know that a decision was made that Boston Clear could operate … thus the spring has remained open as it has for over 100 years. However, four neighbors near the spring complained, thus the appeal. (Here is the agenda that breaks down the case).
The CASE #18-14 Mary Bliss, Andrew Gallucci, Willis O’Brien and John Sievers, 165 Lowell Street, Lynnfield 01940. Here are the three issues these neighbors raised:
1) Boston Clear Water Company, LLC is unlawfully practicing a commercial use in a residential district (Single Residence C district) at 165 Lowell Street, Lynnfield, MA 01940, as there is insufficient evidence to establish that a lawful preexisting non-conforming commercial use ever existed on said property.
2). To the extent that commercial activity was ever lawfully permitted at 165 Lowell Street, Lynnfield, MA, as a lawful preexisting non-conforming use prior to the adoption of Zoning in Lynnfield, said use was unlawfully extended without relief from the Lynnfield Zoning Board and therefore is not protected from zoning enforcement as a lawful preexisting non- conforming use.
3). To the extent that commercial activity was ever lawfully permitted at 165 Lowell Street, Lynnfield, MA, as a lawful preexisting non-conforming use prior to the adoption of Zoning In Lynnfield, all of said uses have since been abandoned for a a period of two (2) years, and therefore the use is no longer lawful and is not protected from zoning enforcement as a lawful preexisting non-conforming use, nor can the use of the property revert to commercial.
The requested relief from these four neighbors is as follows:
Order Boston Clear Water Company, LLC to immediately and forever cease and desist from all commercial use and related activity at 165 Lowell Street, Lynnfield, MA. B. Order Boston Clear to remove all tangible commercial items and vehicles of every kind from 165 Lowell Street, Lynnfield, MA. C. Order the immediate demolition and removal of all commercial structures and debris at 165 Lowell Street, Lynnfield, MA. D. Provide any further relief and issue any and all other orders and remedies the Board may deem appropriate and necessary to forever stop, enjoin, andremedy all of Boston Clear’s ongoing Zoning violations occurring at 165 Lowell Street, Lynnfield.MA.
We are confident in our approach and while we have grown weary of these unfounded complaints, it is time to move put closure to this matter.
Lend your voice and tell the ZBA what you think about the spring and its importance to your life. You can contact the ZBA here or come to the meeting and let them know yourself.
We want to write more on the issues that are important to you … this one is important and we hope it is resolved tomorrow, we have more important work to do saving lives and the planet.