The Zoning Board of Appeals has denied an application for a special permit that would have allowed the contractor company, J.B. Lanagan & Company, Inc., to use the gravel pit on 498 Old Westport Road as its new headquarters.

During their meeting on Dec. 1, board members spent nearly two hours sorting through stacks of documented evidence that was culled from the application and from two public hearings filled with testimony on both sides of the issue.

The proposed headquarters would include office space, an area for storage of construction materials and a garage for equipment repairs. The 90-acre property sits in an area zoned for residential use. Its past use as a sand and gravel pit was allowed as a "pre-existing, non-conforming use."

Continuance of the property's use for anything other than single-family housing would require a determination that it has been in continuous use as a sand and gravel pit without any gap lasting more than two years. It would also have to be determined if the new use would be more detrimental to the neighborhood than the existing use.

At the last public hearing held on Nov. 4, Jim Lanagan, the president of J.B. Lanagan & Company, Inc., addressed the board. He said his business involves sending workers to commercial job sites, so the headquarters would have limited use. He said that his business would not negatively impact the area because his business would process material less than the previous occupant.

During the deliberation, which drew a crowd of about 30, the board determined that there were “gaps in the evidence” as to the site’s continuous use. The board looked at previously issued special permits, electrical permits, aerial satellite imagery, invoices for snow removal, tax records, police records, a few DVD recordings filmed on-site and public testimony.

“It’s odd for a business not to produce more than a few invoices,” said Zoning Board member Halim Choubah.

“In relation to the aerials, they don’t show specific use of the property,” said Zoning Board Chair Jacqueline Figueiredo. “The 2012 aerial shows regrowth of vegetation since 1995.”

The board said they saw no documented evidence of liability insurance, employees, workman’s compensation or purchase orders. They also noted the testimony from neighbors who claimed they have seen a lack of activity on the site for several years.

“I believe that the police records show that there was electricity there, but most of the records dealt with larceny and other issues. It doesn’t show that there was an active business going on. It actually sounded like there was nobody there, in my opinion, in terms of what I read in the police reports,” said Figueiredo.

When it came time to determine if the proposed business would be more detrimental than the new business, Town Counsel Anthony Savastano said that some of the evidence entered during the last public hearing would not count in this instance.

At the last public hearing, resident Robert Harding prepared a 17-page packet of information detailing the ways in which the surrounding area has changed over time. Looking at various data points, he demonstrated that the population of the area had grown significantly. He posited that, due to population growth, the new business would be more detrimental than the last because it will impact more people.

Savastano said that the board would have to look at the area as it appears today and use that as the point of comparison, not how the area has changed over time.

However, the board zeroed in on the quarry’s proximity to an aquifer. The board thought activity at the proposed new headquarters might adversely affect the water supply.

“Not that we have anything against this man’s business – [Lanagan] probably has a wonderful business – but this just isn’t the right place,” said Figueiredo.

Daniel Perry, the attorney representing Lanagan, said he was disappointed with the decision and was unable to say whether or not his client would try to appeal.

James Costa, one of the abutters of the property, said it was a win for the town. During the public hearing phase of the decision, Costa had submitted a petition signed by more than 170 people who were against Lanagan moving onto the site.

“The board had a difficult decision to deliberate,” said Costa. “All in all, the neighborhood is happy with this decision.”