ZBA Continues Review Of 40B At Brick Kiln Road
Northstar Place, LLC was before the Falmouth Zoning Board of Appeals again on Thursday last weekJanuary 13 for review of a Chapter 40B plan that depicts the development as it was built and highlights deviations from the original plan for board approval on whether the changes were substantial.
The project at 123 Brick Kiln Road was under scrutiny from the ZBA when it was last discussed on November 18 after failing to submit documents or plans that accurately reflect the development as it was built, which is different from the originally approved comprehensive permit.
Nicholas Mirrione, speaking on behalf of developer John DeSangro, said that since the November meeting, the developer has finished the as-built plan and was prepared to review it before the board. He did, however, also highlight an area of outstanding concern near the front of the development, where both the sidewalk and a fence at the entrance to the development encroach on an abutter’s property.
Mr. Mirrione said the developer was not aware of those issues until earlier this month, but knows that action needs to be taken to bring both the fence and the sidewalk entirely onto development property. He said the ground is already marked for where grass needs to be cleared and the sidewalk needs to be moved, but the developer is waiting for the ground to thaw before working on it.
Board chairman Terrence J. Hurrie asked if the abutter had been notified. Mr. Mirrione replied no.
“We just found out,” he said. “The abutter doesn’t live in the house, they inherited the house this past summer. We’ve been trying to reach them to…ask if they’d be interested in some sort of a land swap. If that doesn’t work or we can’t get it done fast enough, we’re just going to correct it.”
Aside from the frozen ground, Mr. Mirrione said that one of the problems with cutting and moving the sidewalk right now is that the asphalt plant is closed for the season, so it would either have to be filled with stone for the time being or wait until asphalt can be obtained again.
“You mention that [the grass is] marked,” Mr. Hurrie said. “Apparently it wasn’t marked during the construction phase, so why wasn’t that done?”
“I can’t answer that,” Mr. Mirrione said. “Not that I don’t want to, I don’t know the answer.”
The construction phase seems to be where the development deviated from the approved plans. At previous hearings the board was displeased with the exclusion of the approved sidewalk, dumpsters and green play space for children, all of which were shown on earlier plans.
The development, which is currently occupied, does have some of the features that were included in the original plan, but they weren’t built as shown. The additional parking spaces, for example, were built in a different location, and the green space for children was moved. A dumpster pad included in the plan was not built, something that Mr. Mirrione said was done because the residents are using pull carts for trash pickup service rather than using dumpsters. The dumpster pad, however, is shown on the as-built plan to reflect the change that was made. Board member Edwin P. Zylinski asked Mr. Mirrione which of the two the developer plans to continue using, but Mr. Mirrione said the dumpster was shown because the board had requested it be included on the plan, and whichever trash disposal method that the board deems appropriate will be used.
The as-built plan shows the development without the sidewalk that had been originally designed, which ran horizontally across the tops of the parking spaces in front of the homes and acted as a buffer between the two. Because this was not built, the board asked Mr. Mirrione to consider parking bumpers, which would be placed in all of the parking spots. He agreed; this is also reflected in the plan, although the bumpers are not physically in place in the development yet.
Through testimony from Mr. Mirrione and discussion among board members, it appears that the developer had done most of what was asked by the board, despite some minor outstanding issues. Mr. Mirrione said the developer will continue to try to contact the abutter to find a solution for the problem of the sidewalk and fence encroachment. The board decided to continue the matter until March 10.