by Frank Schroth

In a previous post it was reported that the Selectmen had deferred a vote on the Hendries demolition agreement for the third time and continued the hearing until this Thursday. At issue is the eligibility letter Carrick Realty is expecting from Mass Housing regarding their 40B proposal. Carrick’s attorney, Brian McDonough, is asking that the deadline for filing the permit application be extended until the eligibility letter is in hand.

The agreement called for a May 28th deadline for receipt by the Building Inspector of a complete application for a demolition permit. McDonough said he had been apprised of the fact that if the demo permit was applied for before the comprehensive application was ruled on that the order could jeopardize the 40B project. “We can’t apply for comprehensive permit until we get eligibility letter.” He recommended altering the agreement to specify a deadline of 5/28 or 21 days after they receive their eligibility letter.

Neither Members Hurley or Conlon favored this. Hurley said he could not live with an indefinite date. What if Carrick was denied the permit? McDonough said that they should be amenable to filing for the permit regardless of whether Mass Housing ruled favorably. But he qualified his response somewhat saying he did not know if it would be an either / or decision. There may be other options.

Conlon shared the concern of an indefinite date but said that she was also concerned by a more fundamental issue which was tying the demolition to the 40B application at all. She views them as two separate things: one a serious public safety issue and the other a 40B application.

Hurley confirmed that the demolition of the building could be viewed by the Zoning Board of Appeals as prep work on the site in advance of the permit being issued and therefore would deny the permit. The issue was flagged for McDonough by the counsel managing Carrick’s 40B application.

Conlon recommended taking up the issue at Thursday’s meeting as they had only just received the most recent revision and it would give time to Mr. McDonough to consult further on the 40B issue.

At a previous meeting Member Keohane has been clear that he does not favor signing an agreement arguing that the board has been close to agreements before with Carrick and they fall apart.

Another issue that had been a concern voiced during Citizen Speak was the lack of a date for actual demolition. The draft has been amended to include a deadline for demolition of the building which would be within 6 months of the demolition permit being issued.