THE SAUGUS ADVOCATE – Friday, March 15, 2019 Page 5 Construction approval? Developer says its site plan was approved by default when Planning Board failed to file paperwork on time – a claim disputed by town’s special counsel By Mark E. Vogler L awyers for the developer of a proposed residential and commercial project located on Central Street are claiming approval of its site plan on a technicality because the Planning Board failed to file paperwork on time. “The Planning Board was required to issue its written findings and decision within fourteen (14) days of the close of the hearing and file the same with the Saugus Town Clerk,” wrote the Cambridge firm of Noble, Wickersham & Heart LLP in a Notice of Constructive Approval. “The Planning Board did not make such a filing. In that the Planning Board failed to act on said Site Plan Approval Application within the time required, said application has, as a matter of law, been constructively approved.” Noble, Wickersham & Heart LLP – which specializes in design, construction, environmental and land use law – filed the document on behalf of Steven Boccelli and 222 Central Street Trust, the applicant of a project before the Planning Board. The board voted 4-0 last month to reject the site plan for a proposal to build a mixed-use development to be located in the Historic Mills Mixed Use Overlay District, on property located at 222 Central St. The project involved a three-story apartment building that featured eight two-bedroom apartments and 26 one-bedroom apartments, along with 2,000 square feet of commercial space. But Regnante Sterio LLP, special counsel representing the Town of Saugus, declared in a two-page letter to Noble, Wickersham & Heart dated March 11 that the claim was “rejected as a nullity and is of no legal force and effect.” “This represents an incorrect interpretation of the requirements of the Saugus Zoning Bylaw,” Attorneys Theodore C. Regnante and Jesse D. Schomer wrote in their two-page letter. The Planning Board in its denial of the site plan following the Feb. 7 public hearing noted that the applicant had failed to apply for and obtain necessary permits, making its application incomplete, the town’s special counsel said. The Planning Board Site Plan Review Action and the written findings of the Planning Board were filed with the Town Clerk’s Office on March 6. Regnante Sterio said the applicant has the right to appeal the board’s denial of the site plan. Planning Board Chair Peter A. Rossetti, Jr. said he is optimistic that the town would prevail in the dispute, noting that the information provided by the developer for the site plan was incomplete. “They’re going to have to go through other boards, and they’re going to run into the same problems that they had with the Planning Board,” Rossetti said. “They weren’t ready. That’s why we voted against it,” he said. www.reverealuminumwindow.com Eastern Bank Bldg. on RT-1 605 Broadway, #301 Saugus, MA 01906 (781) 233-6844 www.bostonnorthdental.com Dr. Priti Amlani · Restorative Dentistry · Cosmetic Dentistry · Implant Restorations · Zoom Whitening · Teeth in a Day - All on 6 Full Mouth Rehabilitation Before After Dr. Bruce Goldman Dr. Bhavisha Patel · Invisalign · CEREC Crowns (Single visit crowns) · Root Canal Treatment · Sedation Dentistry
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