Park Central developer asks court to deem Site Plan constructively approved; alleges unfair process

by beth on June 29, 2017

Another appeal has been filed on Park Central. This time, developer Bill Depietri is asking the court to overrule a Zoning Board of Appeals decision.

The suit filed in Worcester Land Court claims that the Site Plan for Park Central was constructively approved. The appeal also alleges that the ZBA denied Depietri fair process by including a member who “was a predisposed opponent of the project”.

As part of the complaint, Depietri is alleging that ZBA alternate member Debbie DuMuria was unable to act impartially. It furthers that she tainted the hearing and deliberations by influencing other members.

The complaint filed on June 19th is mainly a re-assertion that after the Planning Board denied the Site Plan last fall, it was constructively approved on a technicality.

Last October, the Planning Board called the Site Plan insufficient and asked to extend the deadline for more information and further review. Depietri accused the board of being obstructive, refused the request and walked out. The board claimed they had three choices: deny the plan, approve an insufficient request, or allow it to become constructively approved.

In front of Depeitri’s Attorney Angelo Catanzaro, the board voted to deny the plan.

Catanzaro later argued that the board’s delay in writing up the decision caused the Site Plan to be constructively approved. It’s an argument that he made to ZBA members earlier this year. The ZBA’s vote denying that claim is the decision under appeal. 

ZBA members said they couldn’t see allowing the Planning Board’s denial to be ignored on a technicality. And they argued that Catanzaro was misinterpreting the bylaw. The board voted that the plan wasn’t constructively approved.

However, they did in part side with the developer. The ZBA voted to overturn Planning’s denial of the Site Plan. The board remanded the decision back to Planning for a new review. That was to take place after the developer works out disputes with the Conservation Commission.*

You can read the full complaint here.

You can read my past coverage of the ruling being appealed here.

*Since that decision was made in May, Depietri has also filed an appeal against the Conservation Commission’s Order of Conditions denial. It was an action that Depietri told the ZBA was coming.

{ 5 comments… read them below or add one }

1 Todd June 29, 2017 at 6:27 PM

Town officials, please fight this.

Reply

2 Matthew Brownell June 30, 2017 at 6:04 AM

Agreed.

Note to the Selectmen. . . particularly Mr. Shea, and Mr. Kolenda.

Time to put on the Leadership Pants, and provide some air-cover for the Board members you appoint.

Southborough is now under heavy fire from a renegade Developer, and his attack dog attorneys, who are predictably drawing from a PEZ-dispenser of serial lawsuits to silence and and instill fear in anyone standing opposed to Park Central.

Stand-up, get engaged , and focus on the fight against this ridiculously unsafe project.

Please, and Thank You –

MB

Reply

3 Marnie Hoolahan June 30, 2017 at 4:55 PM

Seriously, when is the ridiculousness going to stop? The project is too big, is unsafe, jeopardizes health and safety of the north west side of town, violates environmental codes (despite ZBA waiving local codes and everything else), serves no purpose except to line the pocket of Capital Group, and is costing this town volunteers and money!

What’s next? Let’s start playing a little offense Southborough! Hire a credible, talented attorney who will represent the town and will start playing hardball.

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4 djd66 July 1, 2017 at 9:02 AM

I could not agree more Marnie! The town needs to step it up, find a really good lawyer and go after Capital Group. The guy bought this land knowing full well it is land locked and it would be very difficult to develop given its points of entry/exit. He took a risk and figured he could just push it through with the 40B excuse. There is no way in hell this thing belongs on the road – with the exit onto Flag road or Bantry for that matter. If he does get this through – it will completely ruin that corner of town. I can’t imagine what it will be like driving down Lover’s Lane, Deerfoot and Flag.

BOS – are you reading this? I have NO ISSUE in spending money to stop this nonsense. Do you jobs and stand up for what is right in our town.

Reply

5 Allan Bezanson July 2, 2017 at 7:31 PM

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