Scrap Yard Given Permit Of Operation

Selectmen in Braintree, Mass., unwillingly gave a salvage yard permit to a business that has been the subject of litigation and neighborhood dissent for years. The vote came after a Superior Court judge ordered the town to grant the permit to McConnell Enterprises, capping off years of legal battles over the site.

Selectmen promised inspections at McConnell's business near Hancock and Plain streets. Neighbors vowed to continue to fight the company, which they say still needs a state permit to legally operate. They have said the company operates into the night and has 50-foot scrap piles, making the property unsightly and a health hazard. Selectmen voted 3-1 to grant the permit. Selectman Joseph Driscoll abstained. Selectman Timothy Egan voted against. Town Counsel Barbara Saint Andre, of Kopelman & Paige, said if selectmen did not approve the permit, they would likely end up back in court.

McConnell can only operate 7 a.m. to 6 p.m. during the week and 8 a.m. to 1 p.m. on Saturday. The height of debris piles cannot exceed 25 feet.

Those conditions were reached in a March court settlement, but selectmen tried to back out of it. Superior Court Judge Elizabeth Butler ruled last month that the town cannot back out. Selectmen said although they were reluctant to grant the permit, the operation will now at least be minimized. "I don't want it in my neighborhood. I don't want it in your neighborhood, but this license decreases the hours and the piles," said selectmen Chairman David Shaw. Under zoning laws, debris piles are limited to 8 feet in height.

McConnell is not bound by that because there was a salvage yard there before the zoning was in place.

The company and its predecessor, J.G. Grant and Sons, have operated there without a license for decades despite repeated attempts by the town to force them to obtain one. The site has been a source of contention for more than 20 years

The town has been battling McConnell Enterprises for more than three years. McConnell filed an application for a salvage license in March 1999, but selectmen rejected it in February 2000. The town issued a cease and desist order requiring the business to stop work.