Saia will appeal Board of Appeals decision; Town Hall flag pole will be 50 feet; Town Meeting planned
Published on September 6th, 2000
STONEHAM, MA - Saia Saga won't end after five years and two generations of Appeals Boards Tony Saia got an answer to the question of "Is my property OK the way it is?"
The Board said "No" last Thursday in a unanimous vote not to approve variances for expansion of Saia's 85 Maple Street warehouse and parking area. The warehouse serves Saia's Main Street business, Tony's Tile.
A variance for a fence along the edge of the property was granted.
Saia's attorney Steven Cicatelli said Saia intends to appeal the decision of the Board.
"We think a central issue is that a person should be able to rely on an occupancy permit," Cicatelli said.
Former Building Inspector Robert Columbus gave Saia an occupancy permit in 1995 after the work in question was complete.
The Board decided not to contest this point. Instead, the members focused on the conditions that a previous Board of Appeals had required of Saia before granting him variances for the warehouse property expansion.
Columbus had no authority as Building Inspector to overrule an Appeals Board decision. The Board argued last Thursday that if Columbus had granted an occupancy permit after Saia failed to meet the conditions of approval for variances, then Columbus had overstepped his authority, voiding the occupancy permit.
Cicatelli said Saia plans to challenge the ruling either in Land Court or Superior Court, implying that Saia may make claims about how the town handled this case in addition to the specific land questions.
"Even if he exhausts his appeals, he probably won't have to tear anything down," said Board of Appeals member Bob Saltzman.
In the end, parking spaces may be redrawn, fines levied, or Saia could win. For now, the beat goes on.
"The conditions said no loading dock. He (Saia) put in a loading dock. If you let that on slide, you have trouble making eye contact in the mirror the next morning," Saltzman said.
Flag pole
Stoneham citizens won a triumphant victory for the status quo, plus five feet. The Town Hall flagpole will rise again from the same old spot, a 50-foot pole in place of the old 45 footer.
Two 25-35 foot poles proposed to go on either side of the stone steps leading to Town Hall have been scratched from the plans.
The vote was 5-0. The additional cost will be anywhere from zip to $5,000, depending on the composition of the new pole, credit for materials not used or sale of the shorter poles.
"I'd like to make an offer for one of those poles for my office," Conti said.
Town Meeting
The fall Special Town Meeting will be held on Monday, Oct. 23.
The warrant will be posted on Sept. 22. Selectmen will meet next Tuesday to discuss articles. Among them will be a request for an additional $85,000 for Fire Department overtime and $75,000 more for Police Department overtime.
Board of Health member Mike Rolli said his board will be drafting two articles: the Board of Health wants a full-time office assistant and authority to make appointments. Under the Town Administrator Act the Town Administrator appoints Health Department officials.
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