Wednesday, July 24, 2013

Right decision on zoning request, by Christine Hadley

We have an attitude of gratitude.
On behalf of the residents of Stone Mountain Road, Naramore Road, Headlands Road, Forest Lake Road and surrounding neighborhoods, we wish to thank the Winchester Zoning Board of Appeals for their excellent job in researching the rules, laws and regulations in the matter of a request for variance to change the permitted use for a property in a rural residential neighborhood (50 Rabbit Hollow Road) from “storage of equipment” to commercial. Their decision to deny the variance requested by Gustave Ruth and Kenneth Harvey for their property currently leased out for auto repair, was based on the fact they did not meet the five criteria required by law for a variance.

We are thankful for the rallying support of 90 plus individuals who signed a petition imploring the board to obey the law and to deny Ruth’s and Harvey’s appeal against a cease-and-desist order, and a subsequent request for variance to change the use.
We say “thank you” also to a local security officer who stopped at 50 Rabbit Hollow Road at 1 a.m. to investigate “unusual activity” there, and who offered then to report to town officials. Thank you to others who have also filed reports and/or complaints with authorities.
We thank the attorneys working this case for their guidance through the legal system, and for helping us to better understand the laws and procedures as they apply in this case. Their knowledge and confidence during this process continues to buttress us.
We have witnessed a dramatic change in the neighborhood since the inception of this lease. Since the board said “no” to the variance, we now look forward to our properties returning to a level of peace and tranquility customary with the normal activity of residential living.
Well done!
On behalf of Bill Devino and Trish Smith,  Forest Lake Road, Winchester,
John and
Christine Hadley
Rabbit Hollow Road
Winchester

21 comments:

Anonymous said...

I agree with this decision, but now you would think the other people running business's in this now publically stated residential neighborhood might have some worry's coming their way. Cant take away from one, while ignoring the other, right?
The fact is a selectman should have never been allowed to bid on this property to begin with.

Anonymous said...

This is good news Christine! Excellent leg work and diligence. Do not let your guard down.

According to the LGC - the Zoning Board of Adjustment is the closest a municipality has to a judicial system. With that said, it is important that this board acts and makes its decisions based on that fact. In their capacity, they should be making their decisions based on laws and facts (not the typical prejudice fashion as other boards in town). Unfortunately, our Board of Selectman (who is in charge of appointing individuals to this board) have been less than stellar in their appointment decisions.

This board should not have a felon sitting in judgement of his neighbors. It would behoove our Board of Selectman to choose wisely and eliminate those that are of questionable character.

Unfortunately, those who vote in our elections and continually elect certain individuals to the boards are not doing so hot either.

Anonymous said...

There are other thanks needed Mrs. Hadley, that's thanks to the people like Mike Towne, the Winchester Informer and other like Brian Moser, Kim Gordon that diligently stood-up for change in Winchester . This denial would never have happened several years ago. The reign of influence the elected board have had over us is being given back to the power of the people.

Daniel Webster stated so long ago. Persistence pays off, he called it rat-a-tat-tat like the drum.

Anonymous said...

I'm curious about the first persons comments, First I agree with this decision from the ZBA, But if its true that there are other businesses within eyesight of this lot could the ZBA or Land use assistant now be forced to give them a cease and desist order?
That is sometimes the trouble with cases like this you just never know what the ripple effects will be.

Anonymous said...

First off, don't you think Ruth would have shouted from the roof tops how unfair this decision was if there were other unlawful businesses in that area, and wouldn't Sharra in her own defense done the same thing to them. Rumor and innuendo's that there are other unlawful goings on down there. Secondly, each property in town and area are designated, mapped and recorded as to which zone they are and what is allowed by l;aw in that zone. Lastly, appeals can be made to the ZBA BEFORE purchase ( ala the group that attempted to put a dollar store in the historic district so Sharra could get rich off a property she hoodwinked others out of ) if your attempted use does not meet code. There are no ripple effects in this decision.

Anonymous said...

So what you are saying is 1 property can be told no, you cant have a business, but the property next door can? Doesn't make sense to me and I'm just trying to understand this.
I'm still having a huge problem with a selectman purchasing property dirt cheap that he motioned to take over. I just don't understand how this could be allowed to happen?
Also, If the tax card was wrong all these years isn't the previous owner owed some money or tax credit?

Anonymous said...

8:13AM, There doesn't appear to be uniform rules in Winchester. 1 set for the chosen few in the town hall, and another set for the rest of us.

Anonymous said...

The zoning ordinance Table of Uses specifies what is allowed in each district. Home businesses are allowed just about everywhere. "Rapair shop" and "auto repair shop" were forbidden when the building was built, but storage was allowed. There are also differences based on whether you own and live on the property being used. In addition, this property was recently changed from agricultural to rural residential, and some pursuits that were in existence when it was rezoned would be " grandfathered" since you can't retroactively zone someone out of business. In any case, there are no "businesses" that affect or alter the character of the neighborhood. It's complicated, and zoning and health and building codes are enforced only selectively. This time that "selective enforcement" has failed.

Anonymous said...

Anonymous said...July 30, 2013 at 3:02 PM
Thanks for your informed answer, I wish everyone posted facts like you just did.
My question is, seems how the town had this listed for years incorrectly, would the former owner be owed a tax rebate?

Anonymous said...

Commercial property is generally assessed at a lower value than residential property. But it probably didn't make any difference in this case since it is just a bare garage on a lot.

Anonymous said...

I'm really disliking The new black asphalt sidewalk on Richmond rd.
Cant we do it right and have concrete sidewalks that look better and last longer?
Also with so many streets needing a sidewalk that have none right now, why are we spending money replacing a sidewalk that was in OK shape, not good but ok.

Typical Winchester, cheap and ugly.

Anonymous said...

Keene and Northfield have put in new sidewalks here and there, and they are really nice. Guess we couldn't go the extra to have cement , with granite curbs.

Anonymous said...

Hello! We can not spend the money on doing he sidewalk properly like most towns because we need the money for the "Sharra's bridge to no where". Our highway dept can't even pave the back roads correctly.

The town is only as good as the people we vote into office and the one's we hire. Stupid is as stupid does.

Stupid in, is stupid out.

Anonymous said...

It's a win win situation for the town as they get paid a stipend on every yard of materials Mitchell sells from his asphalt plant and quarry and they get a cut rate price on the asphalt. Everyone knows that's a cheap way to do sidewalks as they crack when its cold because of frost heaves and they fall apart in a couple of years too, but what does the town care, it's not THEIR money their spending.

Anonymous said...

I doubt the sidewalk project was big enough for much of a kick back, but that is not always the case. According to the people that should know, its usually about, what's in it for me when it come to big money issues with the town venders.

Anonymous said...

Wonder how many town employees and/or their relatives have had their driveways recently paved. Maybe we ought to do drivebys and put their names and addresses up here on the blog for everyone to see.

Concerned said...

Must agree that the ugly black ribbons of asphalt we are calling sidewalks sure make Winchester look cheap. Not at all classy or appealing. Town plows will chunk up those black curbings in no time. Sure hope they don't plan to take up any of our cement walkways in existence and replace with the cheap looking stuff. Just plain ugly.

Well-Well-Well said...

After reading the BOS meeting minutes for July 31st, it doesn't look like its over on Rabbit Hollow. Keep in mind, the town hall crew tend to take care of there own.

Anonymous said...

Can I ask a general question if you live in the town of Winchester but register your vehicle(s) in the state of Massachusetts, what rights do you have in the town?

Anonymous said...

Guess its a WIN WIN for everybody

Big Joke said...

ANOTHER GENERAL QUESTION--At the BOS meeting 9/4 Selectman Sepe announced that the budget committee would be meeting soon.The question is why, do you think the hand picked crew are going to go against anything that the selectmen recommend?