Planning Board reprimands Benjamin Terrace builder
Published on August 12th, 1998
STONEHAM, MA - Despite the Planning Board's attempt at accommodating the developer of the Benjamin Terrace subdivision on Wednesday night by granting an additional extension without a fee, their efforts were less than appreciated.
The board opted not to impose another fee for extension of the subdivision, stating that it was important to get to the next milestone. It did, however, refuse the developer's request to waive the $350 fine previously assessed.
In response to a letter from Joseph Montefort, attorney for the developer (Scire Construction) Planning Board member August Niewenhous stated that Montefort was "in error" in his written assumption of why the fee was imposed. In his letter, Montefort referred to the fee as a penalty imposed due to the developer's failure to provide the committee with an update of the subdivision's progress at their July 15 meeting as requested earlier in the month.
"This fee was duly levied by the board for a number of undue extensions," corrected Niewenhous. The subdivision has been a work in progress for about a dozen years and the Planning Board has been trying to keep a short leash on the progress over the past year.
Niewenhous also stated that he would not be in favor of waiving the fee as Montefort had requested.
Planning Board Chairman Stephen Catalano advised developer Ralph Tedesco, who was present at last week's meeting, that "the fee was levied in good faith."
Despite numerous past extensions granted with no fees imposed, the developer's failure to provide the board with an update as agreed resulted in the last month's levy of the fee for extension.
"You didn't live up to your commitment," Catalano stated.
According to Tedesco, he and his partner William Scire did live up to that commitment by sending a written update to the board through the office of their attorney who, he said, "messed up."
Catalano also advised Tedesco that the only instance the town's bylaw allowed waiving fees was if the developer could document that the town has accrued no additional costs for the many extensions granted.
"The ball's in your court to explain to us that there's been no additional cost," Catalano said.
Currently, the issue of most concern to the board, as well as to abutters of the site, is the status of curbing installation to the entrance of the subdivision. According to Montefort's letter, delivery of granite is expected during the week of August 17 while installation is anticipated to be completed the following week. This schedule does not include curbing within the subdivision, which will be installed as houses are erected.
Residents of the Brookmeadow Condominiums, located at 133 Franklin Street, are anxious for this work to be completed because, they say, it affects access to their parking lot as well as the location of a dumpster on their property.
Tedesco questioned the board about how often extensions would be granted and whether the board planned to impose fees each time one was issued. This information, he stated, was necessary "just so we can understand where we stand."
"They (Brookmeadow residents) are using property that is private. If it is bothering them, we can install a construction fence," stated Tedesco.
Brookmeadow resident Ruth Sheffe told the board, "We have a right of way on that road," and added that the blocking of resident parking and a fire lane would result if Tedesco carried through on his threat.
"He hasn't got the right to do what he is threatening," she stated.
Brookmeadow Trustee Chairman Mary Ann Gorrie said that the property was recognized by the Fire Department as a fire lane, and added that Tedesco could not restrict access.
Despite having no formal request for an extension, Catalano stated that the board was anxious to get the developer to the milestone of completing the curbing.
"History has taught us to keep a short leash," stated Catalano. Based on the curbing schedule provided, the board, therefore, voted in favor of extending the subdivision to September 9.
In addition, Niewenhous said that with this vote, there will be "no additional fee providing previous levy is not contested."
Following the meeting, residents re-entered the meeting room to report that Tedesco allegedly told them that he would make good on his earlier threat.
"He said he is going to seal it off and he'll see us in land court...He's putting up a fence," stated Brookmeadow resident Sean Rand.
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