Neighbors’ tensions run high at ZBA hearing

An explosive mix of competing interests collided at a zoning board meeting late last month as neighbors angrily protested a local developer’s proposal to raze and rebuild an existing two-family home on Chapman Street.

The June 27 hearing, which continues next Thursday evening at Town Hall, attracted dozens of residents from the Culloden Drive subdivision, many of whom spoke openly and pointedly against the developer, Springdale Gardens LLC, which is operated by Canton residents Don McNiece and Scott Lenhart.

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According to Suzanne Matthews, Springdale’s attorney, the property on Chapman Street is protected as a “preexisting, nonconforming use,” and under the current bylaws, the home can be reconstructed and remain a two-family with only modest relief from the ZBA — either in the form of a variance or a special permit.

Matthews acknowledged that the structure has been deemed historically significant by the Canton Historical Commission — and until recently was subject to a six-month demolition delay order. At the same time, Matthews said the house is in major disrepair and is beyond saving at this point.

“They have tried to market that property,” she said. “It had offers and the offers have come back and been withdrawn because of the condition of the property.”

But while the abutters agreed with Matthews that the home had become an “eyesore” within the neighborhood, they placed the blame for that squarely on Springdale, claiming that they have ignored the property while at the same time accepting irresponsible tenants.

“This house has destroyed our community for three long years now,” declared Paul Nunes. “You would be shocked and ashamed if this was going on in your neighborhood.”

Neighbors further claimed that they were deceived by the developer, insisting that they had promised to divide the 45,000-square-foot parcel into three lots, demolish the two-family, and build three single-family homes. Instead, they built two single-family homes and would now like to build a duplex on the remaining third lot.

“I do feel that we were deceived,” said neighbor Bridget Vaughan. “I think we would have been just fine leaving the house the way that it was … had we not been presented with three beautiful new homes that would have been built on that land — two homes that are currently there and we waited for the third.”

Another Culloden Drive resident, Jonathan Pozner, argued passionately on behalf of his “30 some-odd neighbors,” claiming that they all bought their houses with the understanding that it would be a single-family development.

“What you’re doing [by approving the developer’s request] is for the sake of this man’s profit you’re pulling the property value of my house down,” said a visibly animated Pozner to the ZBA.

“If this goes through,” he said, “you have some nerve to do this to our families and to our neighborhood. You have some nerve to do this to allow him to make a profit.”

Later in the meeting, Matthews addressed some of the remarks that she had found to be “problematic” — not on behalf of the developer, she said, but as a resident of Canton.

“What I’m hearing is that this is somehow the tragic demise of Canton because it is a two-family house and the only two-family in the area,” she said. “I’m a resident of a two-family house. I’m surrounded by two-family houses. The message that I’m hearing that I find problematic … is that tenants are bad, that a two-family house is a problem in this town.”

ZBA member Greg Pando also pointed out that there is “quite a mix” of single- and multi-family homes in that general vicinity, although he agreed with the neighbors that the Chapman Street property “certainly does stand out on that corner as a bit wild and woolly.”

Both Pando and ZBA member John Marini also seemed dismayed by the lack of regular maintenance to the property.

“These people are extremely upset,” said Pando. “It’s very disheartening to me that the [Culloden residents] are so upset about their family lifestyle being negatively affected by a potential bad apple.”

Pando added that the ZBA would tread very carefully with this particular request and will be looking for proof that there has been “clear, continuous occupation” by a minimum of two families, since any two-year period of abandonment would eliminate their standing as a preexisting, nonconforming use.

In response to Matthews’ remarks, Vaughan said she was “personally offended” and had “nothing against two-family homes or tenants.”

“But now the issue of trust comes in,” she said, adding, “We’ve been patient. We trusted that what we were told was going to happen would happen.”

Meanwhile, local historian George Comeau stepped up to the microphone on two separate occasions throughout the hearing to address the historic nature of the structure — a 19^th century Queen Anne-style estate house — and to urge his former Planning Board colleague Lenhart to prioritize preservation over profit.

He suggested that the developer restore the home as a single-family and then sell it to someone who “cares very deeply about maintaining it.” And while he acknowledged that the developers are not preservationists and do not normally do “rehab,” he argued that “that’s what [they] bought here.”

“[They] bought a challenge that needs to be transformed so that this neighborhood can retain some of its glory that was established in 1855,” said Comeau.

He added that historic homes sell “extremely well” and that a properly restored home could be a “win-win” for both the town and the developer.

“I think that the preservation of this house could return and create a gem in that neighborhood and raise the value, quite honestly, of the newer homes that are in that community,” he said.

After nearly 90 minutes of discussion dominated mostly by the abutters, both the developer and the zoning board agreed to continue the hearing to Thursday, July 25. Lenhart, who said very little throughout the evening, indicated that he would like to meet with the neighbors prior to that date to share some of his ideas. “I just want a productive conversation and I think we can accomplish that,” he said.

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Posted by Jay Turner on Jul 18 2013. Filed under News, Town Government. Both comments and pings are currently closed.