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NOTICE OF DECISION
IN THE MATTER OF:
Applicant: Black Rock Condominium Trust
c/o Mark A. Rosen
3 Allied Drive, Suite 107
Dedham, MA 02026
Property: Black Rock Condominium Off Ward Street
Deed Reference: Plymouth County Registry of Deeds, Book 38053, Page 48
This matter came before the Board of Appeals (the “Board”) on the
application of the Black Rock Condominium Trust (the “Applicant”) for
an Appeal of the Building Commissioner's determination, dated November
17, 2014, that no enforcement action is necessary for the development
known as Black Rock Condominium and located off Ward Street in Residence
A public hearing was duly noticed to open on January 21, 2015, at
the Town Hall, 210 Central Street; however, the hearing was continued
by the Board with no receipt of testimony to March 4, 2015. Subsequent
continuations were requested by the Applicant and held on March 25,
2015 and April 22, 2015. The Board panel consisted of its regular
members W. Tod McGrath, Chairman, Joseph M. Fisher, and Joseph W.
Freeman. The Building Commissioner, Michael Clancy, and Town Counsel,
Susan Murphy, assisted the Board in its review during the hearings.
At the conclusion of the hearing, the Board voted to uphold the Building
Commissioner's determination that no enforcement action is necessary.
The Applicant was in attendance during all hearings. The Condominium
Trust was represented by Attorneys Mark Rosen and Bruce Issadore.
Black Rock Residential LLC ("BRR" or the "Developer"), also
participated in the hearings. BRR representatives included Attorneys
Doug Errico and Doug Troyer, and Peter Crabtree and Matt Goodfriend
from Northland Residential.
Substantial public comment was submitted for the record by residents
of the development, in support of both the Applicant and the
developer. Throughout its deliberations, the Board has been mindful of
the statements of the Applicant and the comments of the general public,
all as made or received at the public hearing.
On November 17, 2015, the Building Commissioner issued a written
response to the Black Rock Condominium Trust's Request for Enforcement,
dated October 2, 2014. The Trust filed a timely Appeal of the
Commissioner's response with the Board on December 17, 2014.
During the hearing and by way of a supplemental filing from Attorney
Rosen, dated March 4, 2015, the Applicant reduced the scope of the
Appeal to focus on three issues: 1.) Completion of Old Quarry Way; 2.)
Lighting in Phases I and II; and 3.) Lack of Completion Reports for
Phases I and II. The Board discussed the Building Commissioner's
determination with respect to each of these issues at great length
during the initial hearing on March 4, 2015. During a subsequent
hearing on March 25, 2015, the Applicant and the Developer requested
additional time to work out a mutually acceptable agreement between the
private parties. During the hearing on April 22, 2015, the Applicant
informed the Board that it had worked out a proposed settlement with
The Board of Appeals voted unanimously to affirm the Building
Commissioner’s Decision, dated November 17, 2014, that no enforcement
is required for the reasons set forth in the Building Commissioner’s
Decision and, consistent with the Building Commissioner’s Decision, the
Board found that the Condominium Trust may, if it so desires and
without further modification of the Special Permit or other approval by
the Board, carry out repairs and drainage improvements to Old Quarry
Way and/or add additional street lighting along the common roads
serving the Condominium, provided that placement of additional street
lighting closer than 200' from an existing street light will require a
field change approval by the Building Commissioner and Zoning
This Decision shall not become effective until (i) the Town Clerk as
certified on a copy of this decision that twenty (20) days have
elapsed after the decision has been filed in the office of the Town
Clerk and no appeal has been filed or that if such an appeal has been
filed, that it has been dismissed or denied, and that (ii): a copy
thereof has been duly recorded in the Plymouth County Registry of Deeds
and indexed in the grantor index under the name of the owner of record
or is recorded and noted on the owner’s certificate of title.
For the Board of Appeals,
W. Tod McGrath, Chair
May 13, 2015