Deadline to appeal Park Central is Wednesday, September 14th at 3pm (Updated)

by beth on September 9, 2016

Earlier this week, I wrote a story on Park Central that referred to an appeal deadline of September 15th.

My original story was on the Planning Board’s request to hire special counsel. Chair Don Morris told selectmen that his request was based on an appeal period “which I believe ends September 15th.” It turns out that was off by a day.

Today, Town Clerk Jim Hegarty posted a comment correcting that period as ending at September 14th at 3:00 pm.

Meanwhile, the Planning Board’s request will be voted on at a Board of Selectmen Meeting at 5:00 pm tonight.

Here is Hegarty’s comment:

I’m writing to clarify that the deadline to file an appeal in connection with the recent ZBA Park Central Comprehensive Permit Decision is 3:00 pm on September 14, 2016. I’m posting this information because I have read reports that the deadline is September 15 which is incorrect.

Since the ZBA Decision was filed with the Southborough Town Clerk’s office at 3:00 pm on August 25, 2016, the twenty day appeal notification period will end at 3 pm on September 14, 2016. M.G.L. c. 40A, § 17. defines the appeal process to include “Notice of the action with a copy of the complaint shall be given to such city or town clerk so as to be received within such twenty days.”

Jim Hegarty
Southborough Town Clerk
(508) 485-0710 x 3005
jhegarty@southboroughma.com

Updated (9/9/16 2:48 pm): I just discovered the BOS agenda on the Town website. It was posted late Wednesday afternoon.

Updated (9/9/16 2:52 pm): Southborough Access Media will live broadcast the meeting on Verizon Ch 37 & Charter Ch 192.

1 Todd September 10, 2016 at 12:44 PM

Did the BOS do the right thing and allow the Planning Board to seek additional council on the appeal?

2 beth September 11, 2016 at 7:08 AM

Selectmen Brian Shea and then Kalinda voted no. Selectman Paul Cimino tried unsuccessfully to sway them that the planning board should exercise its own authority in making the decision, as they are elected officials. John Rooney and Bonnie Phaneuf if were not involved in the decision, due to conflict of interest. Kalinda and Shea where against one town board suing another town board. They believed any appeal was up to residents.

3 mark dassoni September 11, 2016 at 7:00 PM

They should exercise authority, for residents file appeal depends on legal experience that they or have not have, conflict of interest is up to town counsel to move on. Mark Dassoni.

4 mark dassoni September 11, 2016 at 6:56 PM

Yes ,in their way them and planning boards are hearing all issues Flagg rd. citizens brought up at the Selectmen, planning boards meeting and from all emails and blogs replies, the forum Monday night at senior center is night for progressive and positive actions, the ZBA and capital group won”t like it but citizens must be heard. I will be there ,this is my watchdog information coming forward. Mark Dassoni

5 mark dassoni September 12, 2016 at 1:34 PM

yes,mark dassoni

6 beth September 13, 2016 at 8:04 AM

Confused by this. You seem to be telling Todd that Selectmen voted yes. They voted 2-1 no.

7 mark dassoni September 13, 2016 at 9:00 AM

they did vote no,but at last night”s forum chairman said they will re-consider vote at the October 4th meeting.mark dassoni.

8 beth September 13, 2016 at 9:07 AM

I didn’t attend the forum and haven’t had a chance to watch the meeting. But the question being voted on Friday was time sensitive. The Planning Board said it needed advice in time to make a decision and potentially file an appeal by 3pm tomorrow. So, I don’t see how an October 4th vote would re-address that.

9 mark dassoni September 13, 2016 at 9:02 AM

yes,to no vote,but chairman said at forum they would re-consider vote October 4th,mark dassoni

10 Allan Bezanson September 10, 2016 at 2:19 PM
11 JOJAMA September 13, 2016 at 1:26 PM

Mark Dassoni,

Mr. Shea promised to reconsider the NO vote for the independent counsel, the deadline is TOMORROW. That is SEPARATE from the 10/4 meeting.

12 beth September 13, 2016 at 2:13 PM

I just finished watching and writing about last night’s forum. It turns out that he’s right. Chair Shea claimed that Town Counsel says the appeal deadline only applies to the 40B decision. And Planning already said it couldn’t appeal that decision. So Shea claims it isn’t too late to make a decision about hiring counsel to look at their rights regarding the 40A project.

He may reconsider that vote at the 10/4 meeting.

However, it’s worth noting that the Planning Board is scheduled to make a decision on the Park Central Site Plan Review on 9/19. The application deadline is 9/23 – and the developer is very unlikely to extend that. (He pushed back the last time, and that’s before he had a ZBA decision backing him.)

13 mark dassoni September 21, 2016 at 9:41 AM

variances can override zba, that will happen on sept.26th,mark dassoni.

14 mark dassoni September 13, 2016 at 2:35 PM

developer and zba will fight to get their way even though the 9\19 review and 9\23 deadline, zba and developer won”t budge ,so independent counsel should guide planning board through process. mark dassoni

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