View Other Items in this Archive | View All Archives | Printable Version

Board of Appeals

NOTICE OF DECISION
ADMINISTRATIVE APPEAL

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 District C.

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.

BACKGROUND

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 Developer.

DECISION

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 Administrator.

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