Agreement binds Halchak to demolish by week's end
Published on May 28th, 2003
STONEHAM, MA - It all ended with a handshake and a mending-fences conversation between neighbors, but the happy ending was not always a foregone conclusion for Stoneham residents.
Following a town inspection of the dilapidated building at 104 Main Street on Tuesday morning, property owner Dale Halchak and town officials agreed that the burned-out husk-of-a-building will be demolished by the end of business on Friday, May 30.
"We'll be extremely happy if this comes to pass," said abutter Gary Lombard of the Main Street demolition. "We've been up and down a lot the last few weeks, and we just want this building gone."
"If we had known it would have been this quick to get action, we would have gone down to Unicorn Golf Course a long time ago," added Lombard of the integral role that Selectman and Unicorn short-order chef Bob Sweeney played in bringing the town and Halchak to common ground. "He (Sweeney) just basically grabbed everybody, tied them together and locked them in a steel cage until it was resolved. We're very hopeful that this is it."
The Main Street edifice has been at the heart of discord for an entire month between Nixon Lane and Main Street residents, Halchak and Building Inspector Gene Argiro.
Argiro took issue with the new site plan for the Main Street building, and believed that the basement and attic levels could possibly be utilized for more than storage. According to Argiro, Halchak has, in the past, submitted a site plan and then utilized "storage" space for rental use.
Halchak contended that the 4000 square foot site plan was endorsed by the Board of Selectmen and Community Planning and Development office, and Argiro couldn't withhold a Demolition Permit based on his instincts.
"The people around this neighborhood will certainly know if there is any kind of business going on in the attic or the basement," said Halchak, as workers were busily erecting a chain-link fence around the ramshackle Main Street structure. "I'm sure they'll be the first ones in your (Argiro's) office if they feel something illegal is going on."
Nixon Lane provided an interesting backdrop for the open forum discussion as concerned residents watched Solomon and Halchak parry back and forth over zoning issues atop the sounds of automobile traffic and the constant hammering of fence posts.
As for the residents, they wanted to look at something that differed from the sullied oasis of coffee cups, dirt mounds and backhoes at 104 Main Street.
During the on-site agreement, Argiro agreed to waive any arguments about square footage, and Halchak agreed to lubricate the wheels of momentum toward a demolition by Friday. As soon as Halchak received the zoning letter, he agreed to immediately file for a demolition application and raze the eyesore of a building.
"The Building Inspector agrees that anticipatory zoning out of fear of misuse is not something he can engage in," said Town Counsel William Solomon. "I'm very optimistic that any other issues can be worked out between the parties involved."
After the demolition of the building, Argiro will craft another letter explaining any zoning issues that are delaying a building permit. This caveat was part of the sticking point between Halchak and the town.
Solomon wouldn't waver from the point that the town of Stoneham reserved the right to require parking spaces for square footage of the building, including the oft-discussed attic and basement.
"You're telling me that I'm going to have to require parking for non-use areas?" asked an incredulous Halchak. "This building is half of the size of the one that I've built across the street (106 Main Street). There are going to be no floorboards in the attic or the basement...We won't be utilizing them."
Solomon reassured Halchak that any differences would be hashed out in a meeting between the property owner, Town Administrator Dave Berry, Solomon and Argiro, and that a tenable agreement could be reached.
Failing that, Solomon said that Halchak still retained the right to appeal to the Massachusetts Zoning Board.
"I've already been waiting for a year to get this done," said Halchak. "I really don't have any desire to wait through an appeal process."
According to Solomon, he was "95 percent" sure that an agreement will be worked out in the coming weeks.
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