Wednesday, 29 August 2007

By JAMES MADDEN

As far as the town’s involvement is concerned, the Carolina Farms zoning case, a 24-lot subdivision on 28 acres of land off of Carolina Back Road, proposed by Beechwood Enterprises Inc., is just about at an end.

The case is currently in Superior Court and the town has no plans to litigate.

Furthermore, on Aug. 16 the town’s zoning board of appeals voted 4-1 to uphold a decision made by the planning commission – to reject the subdivision proposal with the distinction of “administrative finality.”
This means the planning commission will never approve the project the way it’s currently being proposed.

Beechwood Enterprises proposed the project to the planning commission in 2002, 2004, and in 2007 and each time it was rejected because it didn’t adhere to various town zoning regulations, and didn’t include the proposed 100 foot buffer.

Also, Beechwood applicants never significantly changed the schematics or scale of the project to conform to zoning regulations since it was first proposed, according to Paul Singer, an attorney representing the Carolina Compact LLC, which owns abutting property to the north.

In their proposal, Beechwood was to provide a 100-foot buffer of untouched woodlands separating the Carolina Farms project from the abutting private properties. While walking along the property lines of the abutting properties, it’s visibly clear there’s scarcely any buffer zone at all.

In fact, along most of the property lines it appears that Beechwood has already bulldozed right up to the abutting property lines, and sometimes beyond them.

“If it were up to me, I would require some sort of restoration. That’s only fair considering they promised to have a 100 buffer, which they didn’t deliver.”

“This property never should have been developed because they [Beechwood] knew they couldn’t get the visual clearance they needed at the entrance of the project, but they went ahead and bulldozed through anyway,” said Singer.

At the entrance of the project, drivers were supposed to have a clear view of 350 feet.
Beechwood’s attorney Margaret Hogan argued that the planning commission improperly applied administrative finality to the project at a June 26, 2006 meeting. Consequently, the zoning board remanded the decision back to the planning commission to have them apply the proper application of administrative finality, which the planning commission did at a June 2007 meeting.

Nevertheless, without town approval from the planning commission, Beechwood Enterprises, owned by local developers John and Evelyn Smith, began clearing the land for the project.

On September 26, 2005 Hogan sent a letter to the town on behalf of Beechwood stating they were, “preparing the roadbed [on the Carolina Farms property] for inspection purposes by the Director of Public Works.”

In response, the town’s Building Official John Matuza sent a September 29, 2007 letter to Hogan advising her that the Smiths were in violation of the town’s zoning ordinance because they didn’t have preliminary approval from the planning commission.

Matuza’s letter states, “Because your client does not have an approved preliminary plan, they must cease the road construction at the subject site immediately.”

Town Planner James Lamphere also sent a letter to Hogan on September 29, 2005. He wrote, “Despite the lengthy travel of this case, the fact remains that the planning commission has still not approved the Carolina Farms preliminary plan subdivision application.”

According Section 10.4 of the Planning Commission’s Subdivision/Land Regulations, Section 10.4 D. Penalties, “The penalty for violations shall relate to the seriousness of the offense, maximum of $500 for each violation, and each day of existence of any violation shall be deemed a separate offense.”

Beechwood disregarded the letters from Matuza and Lamphere, and shortly thereafter laid down the roadbed and also cleared much of the land for development.

Since then Beechwood has paid nothing to the town for any violations.

Beechwood is challenging the zoning board’s decision in state Superior Court.

Town Solicitor Robert Craven said, “It would be imprudent for the town to go forward prosecuting against Beechwood for any penalties because right now the jurisdiction of the case is with Superior Court.”

December 2006:

David Krech is an attorney who represents abutter Patricia Sprague.
In December 2006, Krech and Singer sent emails to Town Clerk Jodi LaCroix requesting to be heard if Beechwood’s Carolina Farms project was on any agenda for any municipal board, committee, or council.

“The issues which I would wish to be heard include, but are not limited to, whether Beechwood conducted an unlawful extractive-industry use at that property and/or the town’s failure to impose any penalties or take enforcement action against Beechwood for zoning/subdivision violations that occurred at the property,” wrote Krech.

After Singer sent his request, Town Councilor James Mageau sent an email to LaCroix discouraging her from approving Singer’s request to be heard.

“Attorney Singer is neither a registered voter or resident of Charlestown and therefore has no standing to address the town council on any items on its agenda. Moreover, upon information and belief he represents a client who is currently before either the Planning Board and/or Zoning Board on issues concerning Beechwood Enterprises,” wrote Mageau.

He added, “I am disappointed and concerned that attorney Singer may be attempting to circumvent the due process that is afforded to everyone by the planning commission. I am adamantly opposed to Attorney Singer’s request and my recommendation is that you consult with the Town Solicitor [Robert Craven] and Town Administrator [Edward Barrett] before approving such a request.”

Since then both Krech and Singer haven’t spoke about the Beechwood project to the town council, only at zoning and planning meetings.

Singer said that Mageau, directly telling a town employee what to do, is in conflict with the town charter.
Calls to Margaret Hogan, representing the Smiths, were not returned.