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Car seller wants no limits on Berlin St.

By Patrick Brodrick

Thu Jul 05, 2007, 08:37 AM EDT

Clinton -

In 1958, Berlin Street probably seemed like an ideal location for a used-car dealership; a rural road leading out of town that had all the makings of becoming Clinton’s version of the Automile. Today, however, years of development have turned the once-rural area into a residential neighborhood and Berlin Street is one of the most heavily traveled roads in town.

But that isn’t stopping Eugene Nicci, owner of Cash Auto Sales, 291 Berlin St., from looking to increase the number of vehicles he can sell at his garage. The current license for the dealership only allows six vehicles on the lot at any given time; however, Nicci told the Board of Selectmen on June 27 that he is looking to remove those restrictions. Nicci says his garage should be grandfathered in under the old rules.

“The license dated in 1958 states that I have the right to sell second-hand vehicles from a concrete building,” Nicci said, holding up a copy of the license. “There is no limit on the 1958 license and I’d like to restore the license to its original form. All I’m looking for the board to do is delete four words, ‘maximum of six vehicles.’”

Nicci’s neighbors last week said they were surprised to learn of the proposal, and at least one didn’t share the car dealer’s enthusiasm for a larger operation on Berlin Street. Francis Roux, who owns a garage, was concerned that increasing the number of vehicles could lead to the area looking rundown and cluttered.

“Six cars is fine, but I think 10 or 12 cars seems like a bit much,” Roux said.” I’m trying to be a good neighbor, but I don’t think that it’s something I’d like to see.”

Tim Casey, whose property runs parallel to Nicci’s, said in the three years he has lived in the area, the garage has always been clean and respectable.

“I think he should be able to carry on a business, but I don’t want to have a junkyard up here either,” Casey said. “He seems to run a good business and I don’t have a problem if he increases the number of sellable vehicles he keeps on the property.”

According to Nicci, 10 years ago the selectmen suddenly decided to “dictate” the number of vehicles he was allowed to sell at his business. The previous owner of the business was allowed to have 14 vehicles on the lot, but when Nicci purchased the business, selectmen reduced the number of cars to six, which he feels overstepped the authority of the board.

“It never should have been limited,” Nicci said. “I’m not looking to put 200 vehicles up there, but its difficult to make a living trying to sell six vehicles at a time. Previous boards have been looking to squeeze me out of there for years because it is a residential neighborhood, but I try to keep as neat, clean and orderly a garage as I can.”

The board agreed that six cars seemed like it would be cost-prohibitive, but were hesitant to approve allowing an unlimited amount of vehicles on the property.

“I know you need to make a living, but the largest number of cars permitted in Clinton is 25,” Vice Chairman Joseph Notaro Jr. said.

Town Solicitor Dennis Sargent said it was his opinion, since the 1958 license predates the town’s zoning bylaws, that Nicci would either need a special permit from the Zoning Board of Appeals or the Building Inspector to increase the amount of cars that can be sold from the lot. Sargent explained if Nicci didn’t wish to seek a special permit from the Zoning Board of Appeals, he could have Building Inspector Bentley Herget write up his opinion of the matter and submit it to selectmen, who would then render a decision on the matter.

Nicci agreed to have Herget submit a written opinion on the matter to selectmen and the board continued the hearing until July 18.

(Patrick Brodrick can be reached at 978-365-8044 or at pbrodric@cnc.com.)

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