A proposed single-family dwelling on Stearns Road has drawn the ire of the
street’s residents.
Ronald Foley and Simone Mourad appeared at the West Roxbury Civic
Improvement Association on Monday night to pitch their redesigned model for
a home to be built on a 4,226-square-foot lot. Foley said he would live in
the home if it were to be built.
While the city’s requirements are different, that section of West Roxbury
was changed in the last decade so single-family homes would need at least a
6,000-square-foot lot to be built. The city’s regulation is currently being
changed to match that of West Roxbury, according to a city official.
City Councilor John Tobin said that he is against the building of the
dwelling due to the size of the lot and that the neighborhood is against it.
Previously Foley and Mourad had pitched a larger-sized home to the
community, but that was rejected, as was Monday night’s pitch. The
association passed a motion to not support the current proposal, which did
not sit well with Foley.
“The lot is not undersized. It’s seven feet shy on frontage and two feet
shy of width,” said Foley after the meeting.
Foley pointed to the city’s 6,000-square-foot loophole that is to be closed
as to why he should be able to build.
Foley added he feels that due to WRCIA President Olivia Waishek, “you can’t
get a fair hearing because [Waishek] misrepresents our case.”
He added that Waishek uses her presidency as “a misuse of power” by
intimidating the association members.
But Waishek disagreed, saying that association members would not support
the proposal whether or not she was there.
“Members that were present there were on the committee that helped
establish that code, that zone and as an organization, we are upset that we
spent so much time for two years, two nights a week, with representatives
of the BRA and the city to establish the 6,000 minimum lot size and that
someone could sell a parcel of land knowingly which is an unbuildable lot,”
said Waishek.
She added that Foley and Mourad bought the lot in good faith, but that it
was sold to them in bad faith because the previous owner knew it couldn’t
be built on. Waishek said she felt bad for Foley and Mourad, and that she
wishes they could get their money back with interest.
As for the intimidation accusations, Waishek said that is “absolutely
incorrect,” and that there have been plenty of times when there were not
unanimous votes.
Chris Tracy, the West Roxbury coordinator for the mayor’s office, said
Foley is going to ask to have his West Roxbury Neighborhood Council Zoning
Advisory Board hearing, set for next Tuesday, deferred, and that the city
is going to support the deference so Foley can go through the community
process with his latest proposal.
But some residents feel that Foley has already gone through the process.
“The bottom line is that [we] have to continue to defend our stance and it
is getting tiresome,” said Stearns Road resident Lynette Brigham. “Everyone
on the street signed a petition against it.”
Like numerous residents Brigham said she opposes the proposal because it
would add more congestion to the street.
Also at the meeting…
· Tracy said he would ask the Boston Transportation Department to replace
the no-parking signs and all other protected left-hand turn signs that were
removed on DeSoto Road and Washington Street.
· Crosswalks at Edgemere Road and Washington Street are also going to be
restored, and residents asked for crosswalks all the way down on Washington
Street until the Dedham line also be restored.
· An update on school buses idling on streets that they’re not supposed to
be was also presented by Tracy. He said that the BPD is currently
monitoring DeSoto and Edgemere roads to make sure that school buses aren’t
there.
Residents also chimed in to let Tracy know that buses have been sitting on
several other streets. Tracy said he’d pass along that information, and
that he would report back on the findings in the coming months.
Original content available for non-commercial use under a Creative Commons
license, except where noted.
===
Controversial lot deemed too small
Lydia Mulvany 21.FEB.08
The Bulletin Newspapers
The fate of a vacant lot at 9 Stearns Rd. continues to rile two parties: a
West Roxbury native’s wish to build his home in the neighborhood where he
grew up, and an attachment to a code determining the character of the
neighborhood, which community leaders have worked on for seven years.
The argument boils down to a typo in the zoning code, which says that 3,000
square feet is a sufficient lot size for single-family homes. The West
Roxbury Zoning Committee, along with Olivia Waishek of the West Roxbury
Civic and Improvement Association (WRCIA), require 6,000 square feet. The
BRA recently declared they will adjust the number to 6,000 in the coming weeks.
"This is very, very difficult," said Kate Ryan of the Zoning Committee. "It
was seven long years of work. Originally it was 5,000, and we put it to
6,000 to give a little more room for the single family home."
John Moran of Alpine Advisory Services, who represented the lot’s owner,
Ron Foley, said that calling the current code a typo was their
interpretation. There are few buildings on the road that conform to the
code at all. Moran cited a slew of lots between 4,000 and 6,000 square
feet. 9 Stearns Rd. is 4,226 square feet, which is similar in size to what
exists on the rest of the street.
Moreover, the lot was originally part of 5031 Washington St., and the
division was approved by the City of Boston. Foley bought the lot on the
good faith that it was buildable, since it did not conflict with the zoning
code as it is now written, and was no different from other lots on the street.
"If you decide to change the boundaries, you affect other people’s
investments in their homes," said Moran. "Obviously, they will suffer a
significant economic loss."
Moran also pointed out that within the last year, the Zoning Board of
Appeal granted permission to build a single family home on a 4,000 square
foot lot on nearby 19 Avalon Rd., and that there were letters of support
from the community, including then City Councilor Maura Hennigan.
Tony Saroufim of the Zoning Committee said that the new zoning code
protects green space and keeps neighborhoods from becoming too dense.
"We’re not against you personally, but we cannot accept these kinds of
changes," said Saroufim.
A member of the WRCIA, Janet Palmeriello, also defended the code.
"That number is a misprint. You have to care about the rest of us that try
to make the community livable," she said.
Stephen Smith of the Zoning Committee said that although the ZBA has
changed its mind about proposals under 6,000, the Zoning Committee has
always been consistent in denying its support.
Foley will take his proposal before the ZBA without community support.