Board hits Benjamin Terrace contractors where it hurts most
Published on July 22nd, 1998
STONEHAM, MA - A hit in the pocketbook is what is in store for the developers of the Benjamin Terrace subdivision as a frustrated Planning Board voted, on Wednesday night, to begin imposing fees for any further extensions for this long-running work in process.
Neither representatives of Scire Contracting nor their attorney, Joseph Montefort, showed up for the hearing as requested by the board at its July 1 meeting. At that time, William Scire agreed to appear at the board's next meeting to report on the progress of sidewalk and granite curbing installation for the development as well as completion of fencing at an abutting property. He also agreed to submit a written update in the event that he could not attend the meeting.
As of Wednesday night, no correspondence had been received and only anxious abutters sat before the board.
According to one of those abutters, Ruth Sheffe of 133 Franklin Street, mounds of sand had been brought to the site but no curbing had been installed.
At the earlier meeting, an extension was granted and it was agreed to by Scire that granite curbing would be completed by August 5. As part of the agreement, the board requested the developer's presence at last week's meeting or written correspondence to assure that the granite had been ordered and that contractors were still on schedule for completion by August 5.
"It was quite clear at the last meeting that they were to make diligent progress and report back," stated Planning Board member Frank Federico.
The board mulled the question of whether to deny future extensions to the builders or to assess fees for delays.
"If there is no extension, they can't work on the subdivision...Everyone wants them to (continue)," reminded Planning Board member Kevin Dolan.
If fact, Sheffe had requested, at the last meeting, that the Board grant the latest extension, despite her and her neighbors' frustration with the slow progress on the building.
"We're very sorry it's not done yet, but we don't want anything to slow it down," she had stated.
Abutter Robert Fields who, along with Sheffe, is a familiar face at hearings regarding the subdivision, appealed to the board to take action against the builders of the subdivision who, he asserted, have made "promise after promise."
Fields reminded the board that "it has been three solid years that we've been dealing with this.
"I'm the one, along with my wife, my family and my neighbors, who has to live with this (dirt and noise) every day," he stated.
The source of Fields' most recent frustration is a retaining wall and fencing that the builder was required to install for Fields' property at 127 Franklin Street.
"Everyone is happy we have a wall and fence. I've already stated the wall was not built to our agreement...I wanted a stockade fence, they built the wall so I would have to have a chain link fence...It is common courtesy that they have not shown to me time and time again," he stated.
Planning Board member Stephen Catalano advised Fields that the board had the same objective as he: to get the project completed.
Stating that they would be penalizing neighbors if they shut the builder down, and left the development in its current state indefinitely, Catalano suggested that assessing a fee for any future extensions would be an intermediary step to hasten the project's completion.
Brookmeadows Condominium Trustee Chairman Maryanne Gorrie stated that she did not object to any extension but suggested that the developer's progress be checked "meeting to meeting."
"They should be charged each time it is extended...That will get their attention," Gorrie stated.
With board member Frank Vallarelli abstaining from the vote, the board approved assessing the builders a $350 fee, pursuant to Chapter 17-10 in the town's bylaw. This fee, they specified, must be paid in full before any further extensions would be granted.
Planning Board member August Niewenhous stated that the board very rarely enforces such fees, but that this situation warrants strict enforcement.
"We're all frustrated with how the developer has ignored the board...We've never had anyone linger like this," stated Niewenhous.
"They knew they had to be here. I'm frustrated with their lack of courtesy," stated Fields. "All I want is my quality of life back."
With receipt of a letter from Town Engineer Robert Grover estimating a surety amount at approximately $71,000, the board voted to set that surety for the development at $80,000.
The rounding up of Grover's estimate was necessary, according to Niewenhous, due to the developer's "strong history of nonperformance."
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