Development must go on
Published on June 9th, 1999
STONEHAM, MA - Work will continue on Saturdays in the Summer Hill Road subdivision despite one neighbor's complaint to the Planning Board on Wednesday night.
Describing the construction as "extremely loud," Fairview Road resident Amy Dysinger requested that the board prohibit all work on the subdivision on weekends and holidays.
But the board, referring back to the subdivision approval of last year, advised that although ambiguous, the decision did not prohibit weekend or holiday subdivision work.
What was specified, however, was that heavy trucking to and from the site would be limited to specific hours. Board member Kevin Dolan advised that the board prohibited heavy trucking from Monday through Friday, during the school year, between the hours of 7 a.m. to 9 a.m. and 1 p.m. to 3 p.m. In addition, Saturdays, Sundays and holidays were off limits to heavy trucking as well.
Reading from both the decision of May 1997 and the minutes from a hearing on the issue from January 1997, Dolan pointed out that although the decision was somewhat unclear with regard to the restriction, the minutes from the January meeting clearly outlined the restriction as referring to heavy trucking only.
"The intent is to protect the children in the neighborhood," stated board member Stephen Catalano, referring to the board's intention to limit interference with travel to and from local schools.
"Since I complained, it seems to have calmed down," said Dysinger. But she stated that she would like to appeal the decision.
Attorney Charles Houghton, representing the subdivision builder, agreed with Dysinger's charge that some heavy trucking was indeed taking place within the weekend and holiday restriction, but added that this was stopped once his client was made aware of it.
For the sake of cooperation, he offered that his client would agree to restrict general subdivision work on holidays for the duration of the road construction, which is expected to be completed by Labor Day.
In addition, he advised that state law prohibits all such work on Sundays, a restriction his client has been adhering to.
However, he advised that it was beyond the jurisdiction of the Planning Board to prohibit general subdivision work on Saturdays and that his client would not be willing to stop Saturday construction.
"We're trying to cooperate...No one can appeal the decision," Houghton said.
Once road work is completed, house construction is expected to begin. Houghton stated that the decision of whether his client builds the subdivision's homes or the buyers do the building is market driven and undecided at this point.
The board advised Dysinger that if a contractor builds the homes, he is subject to the state's blue laws with regard to weekend and holiday work hours. However, if a house is built by an individual, the Planning Board cannot restrict when that work is performed.
"None of this prohibits you from acting on nuisance laws," board member Frank Federico stated, referring to Dysinger's right to complain to the Stoneham Police with regard to noise.
According to Planning Board Chairman August Niewenhous, the board's position with such subdivisions is to "get in and out" so that subdivision development does not continue indefinitely.
Catalano added that currently the board has a list of 22 subdivisions in various stages of construction.
"One goal the board set is to eliminate this...The list exists because some have gone on 10 years," he added, referring to the Benjamin Terrace subdivision off of Franklin Street.
"We're not treating this subdivision any differently from any other...Heavy trucking is restricted for safety reasons but (we) don't discourage the builder to get it done."
"It's like telling a store you can sell things during certain hours...It restricts their ability to do business," added board member Frank Federico.
"I think the Planning Board is too permissive," said Dysinger, following the board's explanation of the decision.
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