845 Lagrange St. - Gary Martell - Lagrange neighbors angry about apartment plan
total recycling
developer who finds loopholes in zoning codes.
But nothing is in Martell’s name, except that he has been noted as the
person applying for permits. One reason Martell may not be setting up
things in his name is because he owes more than $2 million in back taxes
between the federal and state government.
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Lagrange neighbors angry about apartment plan
By David Ertischek
Wed Oct 29, 2008, p.1
West Roxbury Transcript
Residents are angry with a group of developers who they said has a record
of shady practices.
This time, developer Robert Wall is close to building a five-unit apartment
building on a 6,478 square-foot lot at 845 Lagrange St. in West Roxbury.
But residents who live in the area believe developer Gary Martell, who has
worked with Wall on other projects and has tried purchasing single-family
homes in the neighborhood for several years, also may have ties to the project.
Martell previously drew neighborhood ire for developing homes on Ruskin
Street in Roslindale that area residents said would destroy the historic
property.
Earlier this year, Martell and contractor Robert Reissfelder built a
two-story garage at 52 Grayfield Ave. — Reissfelder’s house — in violation
of city code and despite at least one issued stop-work order.
But Wall, a developer who attended a contentious meeting this past Saturday
about the Lagrange Street proposal in Roslindale, said Martell has nothing
to do with this project.
Neither Wall nor Martell returned phone calls. The property is listed as
being owned by Sheila McCabe, but before it was transferred to her name,
the owners were Lagrange Homes, LLC — a corporation set up by Martell and Wall.
For the moment, Wall can build as of right, according to Inspectional
Services Department. But City Councilor At-Large John Connolly’s office
found an easement that can and will be appealed.
“An easement is when a person who doesn’t own the property has a right in
the property. In this case, a portion of the back of the lot is owned by
one of the condominium associations, and the developer has a signed
agreement with them,” said Connolly.
An easement may allow a developer to build a path, a driveway or even a
building, but the owner of the property must agree to the use.
Neighbors are hoping the condo association doesn’t agree and therefore will
send the developers back to the drawing board. Under the current plan, a
parking space would go where the easement is located.
Connolly and City Councilor John Tobin, as well as city representatives,
have been working with neighbors such as Jane Raffol, who lives at 865
Lagrange, two houses away from the property in question.
“He’s taking what’s a very affordable single-family, close-knit
neighborhood and destroying it with apartment buildings that don’t belong
here,” said Raffol.
Raffol learned of the impending destruction of the home only when a utility
company came to turn power off. Because the project is as of right, the
developer doesn’t need to notify residents of building plans.
That’s why a last-second meeting was called for Saturday, during which Wall
contended Martell had nothing to do with the project.
Martell, who lives on Fletcher Street in Roslindale, has a reputation as a
developer who finds loopholes in zoning codes.
In the case of Lagrange Street, the code allows multifamily homes because
of the Newfield Woods townhouses. But the Lagrange Street section is
composed of single-family, colonial-style homes.
But nothing is in Martell’s name, except that he has been noted as the
person applying for permits. One reason Martell may not be setting up
things in his name is because he owes more than $2 million in back taxes
between the federal and state government.
According to the Suffolk Registry of Deeds, Martell owes $1,971,569.49 in
federal taxes, and $373,889.91 to the state in back taxes. He has paid off
several other liens in the past, but none since 2005.
Said Connolly, “When developers build in residential neighborhoods as of
right, you hope there’s a real community process because the project may
follow the letter of the law, but violate the spirit of the neighborhood. I
worry this is the case here. I think the neighbors are rightfully concerned
about a project this size next to single-family houses and other condo
developments. You worry it’s going to violate the integrity of the
neighborhood.”
Tobin encouraged residents to learn the zoning codes that exist in their
neighborhood. He added he would support and help Lagrange residents to
amend the zoning code in their neighborhood to not allow multifamily homes
from being built.
Emilia Lamy of 841 Lagrange St., whose home abuts the proposed development,
said the property has not been kept well during the past four years.
Leaves, snow, debris and more have all been ignored.
Lamy, like Raffol, said Martell approached her on many occasions to buy her
home. She said Martell sent her letters and even took photos on her
property and sent them to her in hopes she would swap her house for a house
on Corey Street.
Lamy knows that something will be built on the property; she just wants it
to be fewer units and go with the character of the neighborhood.
“What I don’t like is that it’s one single-family home and they’re going to
build five apartment units and this is a very small lot. Building five
units? I don’t know how they’re going to do that and have the parking for
those cars,” said Lamy. “I don’t know how the city approved it.”
While the neighbors have been fighting the 845 Lagrange St. proposal, they
know that another fight may be on the horizon because Wall also owns 829
Lagrange St.
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LaGrange residents rally against condo proposal
Scott Wachtler 30.OCT.08 p.3
West Roxbury Bulletin
LaGrange resident Peggy Cunningham looks over Bob Wall's plans to demolish
the home at 845 LaGrange and replace it with a five unit condominium.
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Neighbors of 845 LaGrange St. rallied Saturday to show their displeasure
over developer Bob Wall’s plans to demolish the vacant home on the site and
build a three-story, five-unit condominium with space for seven cars on the
6,000-square-foot site.
Residents said the proposed building would be out of step with the rest of
the buildings in the neighborhood and could drive down already tumbling
property values.
Wall’s plans were submitted to the Boston Inspectional Services Department
and permits were issued for the demolition on Oct. 3.
Since the property is in a zone listed as an As of Right area, the owner
and developer only have to get approval of their plans from ISD to go ahead
for the development.
The neighborhood off VFW Parkway sits directly across the street from St.
Joseph’s Cemetery and is made up of mostly single-family homes. The homes,
near 845 LaGrange St., abut Newfield Woods Condominiums and are separated
by Newfield Woods.
City Councilor John Tobin and Eric Speed from At Large City Councilor John
Connolly’s office also attended the meeting along with Jay Walsh, Director
of the Mayor’s Office of Neighborhood Services.
On Saturday, Tobin said he and his office were trying to work with the
neighborhood and Wall on a compromise, but said since it was an As of Right
project, there was little that could be done to stop the project except for
filing an appeal with ISD.
On Monday, Connolly’s office discovered a document that could force Wall to
rethink the development.
Connolly’s office found there is an easement on the property that was
created in 1988 to allow the then owners to use a portion of the backyard,
which is owned by the Newfield Woods Condominium Association.
According to the easement, "no structure of any kind may be built on… the
area of the easement."
"The easement agreement wouldn’t allow any construction without approval
from the condo association." Connolly said. "Plus, according to zoning
code, you can’t count the square footage on the easement as square footage
to qualify as an As of Right project."
Connolly said his office is currently working with the condo association
and ISD so they can review the permits that were granted.
Mike Pasquino, the property manager for Newfield Woods, said the condo
association was currently in the process of consulting with their legal
counsel about Wall’s project and had no further comment.
"For now, the goal is to require this to go to the [Boston Zoning Board
Authority] and require the developers to get a variance, which would make
them go though the community process so the neighborhood can be heard,"
Connolly said. "The ZBA could force them to scale the project back, but
then the developer could come back with a reduced project that would be As
of Right. The ultimate goal is to make sure the project has community
input, but to do that we’d have to remove the As of Right status."
Jane Raffol, owner of nearby 865 LaGrange St., said she was happy to hear
Connolly’s findings and said if the Newfield Woods Condominium Association
fails to appeal the project with the ISD, she would go ahead and file the
appeal herself.
On Saturday, Wall allowed members of the community into the vacant property
at 845 LaGrange to look over the plans and to explain how the project would
look.
Residents who attended the Saturday afternoon meeting were united in their
anger over the project and had no problem expressing their anger to Wall.
"We’re asking you to work with us on this," Joe Raffol said. "We want to
come up with a solution that we can all work with and will be good for
everybody. This proposal is blockbusting. If you allow this building with a
flat top roof that’s 10 feet higher than existing buildings and 10 feet
closer to the street, it will be a huge rectangular building in the middle
of our homes. This is not The South End. This is not Dorchester. This is
not Back Bay this is a singe family neighborhood."
The Raffols heard about the proposal since their home is located close to
the property. They told their neighbors and the word spread throughout the
community.
"We’re very unhappy about this," Harry Melia said. "Traffic on this street
is already atrocious and we really don’t need another condo in the area. We
have enough of them."
Neighbors have also questioned the true ownership of the property. The
Massachusetts Registry of Deeds lists Shelia McCabe as the owner.
Wall, who first introduced himself as the property’s owner, later
elaborated and said that he is in a partnership with McCabe and Ivan Beady
to develop the property.
The Raffols contend that developer Gary Martell is still the true owner of
the home. Martell is currently involved in a controversial development plan
on 11 Ruskin St.
LaGrange Homes LLC, a company that lists Martell as its registered agent
and both Martell and Wall as Managers, is listed as former owner of the
property. Martell’s name is also listed on the Aug. 16, 2005 ISD
application for the project.
Calls to Gary Martell for comment on the ownership issues were not returned.