Here are letters on this page written by or on behalf of Rocky Pond area residents to state and local officials. They raise serious questions regarding whether construction near the shore of Rocky Pond was subjected to appropriate permitting processes and whether it is in compliance with various town and commonwealth regulations and bylaws. Serious questions about the intent of the builder are raised, as are other questions regarding due process and the use of the courts.
In terms of recent letters, there is a response from the Commonwealth. There has been no response from the Town of Boylston to the issues raised in that letter. We understand that the Attorney General's office has contacted the town for information and we will publish that letter when we get it. Our understanding is that town officials see no wrongdoing in the permit process protested here. We point out, with some cycnicism, that some of these same officials denied absolutely incorrectly that there was any pollution at Rocky Pond two years ago.
Readers of this website know that for several years there was, in addition to concerns about vandalism and pollution, a focus on the land-deal between NEFF and the developer, whose practices are documented in many different places.
This said, there is a larger picture here that we sometimes forget. Structures are being permitted on Rocky Pond which do not conform to bylaws or common building inspection practices. In the case outlined in the first two letters here, it could even be argued that there is a 'precedent' for what is happening now. But, I think we all know there is good precedent and bad precedent. We think there is enough evidence here to suggest there is something very wrong.
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We begin with two powerful background letters, which we just received (March 21, 2006). They point to rather shabby and shoddy practices going back several years. We ask other residents to forward what they have so this unfortunate and painful situation can be fully aired and corrected. We refer readers to our Boylston Mystery House page for a photograph of the house questioned in the first two letters.
72 Rocky Pond Road
Boylston,
MA 01505
May 14, 2004
Mr.
William Filsinger,
Zoning Board of Appeals
Boylston Town Offices,
Hillside
221 Main Street, Boylston,
MA 01505
We
would like a response to
this letter regarding the Zoning Board of Appeals involvement in the
approval
of the proposed construction plans at 73 Rocky Pond Road.
It
is my understanding
through informal conversations with the homeowner, Mr. Gary Tuthill,
that the
current structure (the majority demolished on May 4th) will
be both
extended and altered.
According
to the Boylston
Town Bylaw 1.05 Nonconformity: Section 1
Extension or Alteration of Nonconforming Uses, our interpretation
it that
Mr. TuthillÆs plans require a Finding by the Zoning Board of
Appeals.
On
May 5th I left
a message on your answering machine in an attempt to get information
from the
ZBA on the plans for the new structure. You responded on the same day
in
leaving a message to me, and stated that you had no knowledge of the
proposed
construction.
On
May 10th the
Building Inspector Mr. Tom Dillon stated in a verbal conversation that
the
Zoning Board had been notified. When asked to view a copy of the plans
for the
proposed structure, Mr. Dillon indicated that the plans he had were
illegible,
but to return at a later date as he was expecting a better copy. We
assume that
a build permit has already been issued.
Also
on May 5th,
we made a phone call to the Planning Board, and visited the Town
Clerk's office
to attempt to view the plans and perhaps answer some of our
questions/concerns.
To date, we have not been successful: we have not heard back from the
Planning
Board, the Town Clerk and the ZBA have no record of the plans, and the
Building
InspectorÆs copy is illegible.
We
have concerns regarding
the size of the proposed structure in relation to the small parcel of
land that
it will sit on. We are also concerned about the proximity to Rocky
Pond, the
suitability of the current septic system, and the precedent this will
set for
future renovations and development on the land that borders the pond.
We would
like the opportunity to express these concerns in greater detail to the
ZBA.
We
would greatly appreciate
a timely response to this letter, as Mr. Tuthill is proceeding with his
plans
to build.
cc: Ms. Sue Olson,
Town Administrator
Mr. Dennis Costello, Sanitation Agent
Board of Selectman
----------------------
September 15, 2004
Board
of Selectmen
Boylston Town Offices,
Hillside
221 Main Street, Boylston,
MA 01505
We would like to express our
extreme dissatisfaction in the conduct of the Build Inspector, Mr. Tom
Dillon.
As a result of his inability to perform his duties, we are also as
disgusted in
the decision that was made by the Zoning Board of Appeals. This letter
is also
a follow up to a letter to the ZBA that was copied to you on May 14th.
The determination made by
the ZBA was that they did not have enough resources to research this
matter.
Therefore, they would instead calculate 50% from the time Mr. Tuthill
purchased
the home in 2000. The finding was in Mr. TuthillÆs favor and the
build permit
would stand as issued.
How can the ZBA
be allowed to change a town bylaw to meet their
immediate needs? DoesnÆt this warrant a vote?
Since that time, we spoke
with Dennis Costello, Sanitation Agent regarding the tight tank and the
conformity of the proposed structure against the DEP regulations. He
expressed
similar concerns, as he did not have the opportunity to approve the
proposed construction.
Mr. Costello has taken steps to reduce the number of bedrooms to two.
We contacted the build
inspector to ask for updated plans or build permit. He told us that he
had the
number of rooms reduced to two when Gary Tuthill applied for the build
permit,
and nothing had been updated since he issued the permit. We have copies
of the
permit and the plans that clearly state 3 bedrooms. No action has been
taken to
correct this situation.
We have also notified the
DEP of our concerns. The DEP contacted Mr. Costello to relay their
concerns
regarding the six rooms in the house that are in addition to the 2
bedrooms, 2
1/2 bathrooms, kitchen, utility, and living room. All on a tight tank
and a
structure that is 9 feet from Rocky Pond û a 2000 sq ft home on a
5,000 sq ft
lot with three sheds and a carport to boot!
We would appreciate a
response from this board. As a young family choosing to live in
Boylston
(partly based on the roots set in this town back to the 1950Æs),
we would like
the assurance that our rights count for something, and the hours we've
spent
personally distressing about the situation will not be wasted time.
cc: Ms. Sue Olsen, Town Administrator
Encl
Detailed Timeline
of Events
---------------
Letter to Commonwealth Reporting Building Inspector Practices, October 2005, and Response of December 12, 2005 from Robert Anderson, Deputy Administrator, Board of Building Regulations and Standards, Department of Public Safety. This concerns the 'garage' being constructed near the pond.
Mr.Brian Gore, P.E.
Technical Director
State Board of Regulations and Standards
Executive Office of Public Safety
One Ashburton Place
Room 1301
Boston, MA 02108
Dear Mr. Gore,
On the basis of expert investigation, we have determined that the building inspector of the Town of Boylston, Mr. Thomas Dillon, failed to carry out his duties as the building inspector for the town of Boylston.
Specifically, he did not follow the zoning by laws specifically referenced in the Town of Boylston zoning by-laws Sections 9.03.01, 10.03..02 and 11.02 which pertain to the necessary procedures one must go through to build a garage in a residential district and
must be done prior to receiving a building permit.
The three car garage is being constructed with no site plan nor review before the Planning Board, as required by the Town of Boylston by-laws, and is being built in an environmentally sensitive area adjacent to Rocky Pond. Nevertheless, Mr. Dillon issued a building permit thus allowing the builder to circumvent the zoning by-laws for an Accessory building. This is just one example of Mr. Dillon violating his mandate to enforce the building code by-laws of the Town of Boylston.
There are other instances of Mr. Dillon issuing building permits without proper procedure being followed . He recently issued a building permit for renovation of a house on a non conforming lot adjacent to Rocky Pond. When a resident asked to see those plans Mr. Dillon stated they were “illegible”. Mr. Dillon has stated to me and others that he has the right to approve plans that are “written on a napkin.” which certainly indicates he is not enforcing the by-laws as mandated by the Town of Boylston.
Residents have asked the Boylston Town Administrator to address this problem to no avail.
Now we are asking you to investigate this situation as quickly as possible before more damage is done.
Sincerely,
_________________________
Carol Sornberger
_________________________
Frank DeFalco, P.E.
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December 12, 2005
Mr. Thomas Dillon
Building Department
221 Main Street
Boylston, MA 01505
Re: Complaint
Rocky
Pond Road - Boylston
This office has received a
complaint relative to building activity on Rocky Pond Road in Boylston.
A copy
of the complaint is attached to this correspondence. Specifics of the
complaint
appear to relate to zoning issues. Although this office does not have
jurisdiction over zoning matters, we respectfully request that you
respond to
the complainant in writing (copying this office) to address concerns
raised in
the letter.
As a reminder, I
have copied portions of 780 CMR, Chapter 1 relating to site plans and
zoning
requirements.
110.10 Site plan: A
site plan shall be filed showing, to scale, the size and location of
all new
construction and all existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades; and it
shall be
drawn in accordance with an accurate boundary line survey. In the case
of
demolition, the site plan shall show all construction to be demolished
and the
location and size of all existing structures and construction that are to
remain on the site or plot.
111.2 Zoning: In accordance with the
provisions of M.G.L. c. 40A or St. 1956, c. 665 as amended, no permit
for the
construction, alteration, change of use or moving of any building or structure shall be issued if such building or structure or use would be in violation
of any zoning ordinance or by-law.
Please feel free to call me Q (617) 727-7532, extension 25268 if you have questions.
Signed by Robert Anderson, Deputy Administrator
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This letter raises general questions about the practices of Boylston's Building Inspector, who appears complicit in violation of the very laws he was charged and paid to enforce. It has led to the direct involvement of the state ethics commission.
The Commonwealth of Massachusetts
Office of the Attorney General
One Ashburton Place
Boston, MA. 02108-1698
Dear Attorney General Reilly,
I am writing this letter to alert you to a very serious situation in the town of Boylston. This letter is specifically a complaint regarding the Boylston Building Inspector. (Mr. Thomas Dillon) This complaint is in addition to the complaint addressed to Mr. Anderson (enclosed letter) and considerably more serious.
This matter concerns a home adjacent to Rocky Pond during the time the owner was undertaking a “renovation” of the dwelling. In a conversation I had with the home owner I remarked that it troubled me that part of the original structure was situated in such a manner that it could be eventually removed thus violating the bylaw forbidding new construction on the pond. The owner replied, and this is an exact quote “ Mr. Dillon, the building inspector, told me exactly what to do so I could remove the original piece of the house at a later date and if anyone asked I could say the wind blew it away. I was surprised the building inspector told me how to do that”
Mr. Dillon had told the home owner how to break the law......Recently the owner did remove the only original piece of the former structure as Mr. Dillon instructed him, resulting in brand new construction on Rocky Pond.
Would that be considered “willful misconduct” on the part of Mr. Dillon? Isn’t his job to enforce the by-laws and make sure they are adhered to rather than giving instruction on how to break the law?
I hope you can investigate this situation in order to try to disinfect a system that has allowed
wrong doing by various town employees. If you do not have enforcement power in this case, can you recommend corrective action?
The enclosed letter from Mr. Anderson was a request for Mr. Dillon to contact us regarding his blatant disregard of the bylaws and state laws with another applicant, laws he is paid to enforce . Mr. Dillon did not respond to Mr. Anderson’s request to contact us.
_____________________________
Carol Sornberger
cc: Mr. Robert Anderson
cc. Assistant Attorney General-Bylaw Coordinator
cc. The State of Massachusetts Ethics Commission
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This letter details by-law violations.
Frank D. DeFaIco, Ph.D., P.E., P.L.S. Consulting Civil Engineer P.O. Box 1001,
Worcester, MA. 01613-1001
Phone
(508) 831-5272 FAX (508) 831-5808
February 17, 2006
Planning
Board
Boylston
Town Offices, Hillside
221
Main Street Boylston, MA 01505
To
the Planning Board:
Subject:
Boulder Way Garage
After
reviewing the building permit file for the above subject on two
occasions with
the building inspector, I noticed certain discrepancies and information
missing
relative to the Town of Boylston Zoning By-Laws and the General
By-laws. On our
first visit, there were two older plans with sketches of a proposed
garage
location drawn in red. Neither of the two different sketches was shown
in the
actual location and neither of the drawings was drawn by a professional
engineer or a professional land surveyor. On my second visit, the two
drawings
were missing and a new drawing showed the location of the garage, also
drawn in
red, and not in the proper location and not drawn by a professional
engineer.
The building permit listed the project as "3 bay garage with loft."
The plans submitted for the structure only listed the framing system,
no other
details!
There
is no indication that the building permit was reviewed by the Planning
Board,
based on the review of the file. The following excerpts are referenced
from the
current General By-laws, Zoning By-Laws and Map, and Subdivision
Regulations of
the Town of Boylston. I am requesting your review of the items listed
below
relative to this building project. '
General
By-Laws
Section
7 Driveway
Section
7.07 Issue of Permits
Zoning
By-Laws
1.04
Definitions
2. Accessory Building or Use (garage)
6. Building
8. Building Height
19. Garage - Private
4.02.02
Residential
3. (Under notes) a garage is an
accessory use
9.03
Modifications to Dimensional Requirements 9.03.01 Accessory Building
(garage)
15 ft. height limitation (current design
indicates 25
ft. height)
10.03
Site Plan Approval
10.03.02 Procedure for Site Plan
Approval...
10.03.02 Contents
10.03.03 Building Permit
11.
Administration and Enforcement
11.01, 11.02, 11.03
On
Wednesday, February 13, 2006, I reviewed the Sewage Disposal System
drawings
for the "garage" structure at the Health Agents office. I noted that
the septic system is designed for a flow of 398 gallons per day (GPD).
A two
bedroom, double occupancy design for four people would require a flow
design of
220 GPD. The septic system design for the garage of 398 GPD indicates a
design
for more than a three-bedroom dwelling. My question is, why would the
septic
design for a "garage with bathroom facilities" require a system for
more than a three-bedroom house? Is the "garage" to be converted to a
three-bedroom house at some future date?
Perhaps
the Planning Board could review this project at their next meeting and
ask the
building inspector, the health agent and the applicant for their input.
If
an occupancy permit is issued for the "garage," it should contain a
clause forever limiting the building to boat or vehicle storage only,
with no
future house conversion or bedroom use.
Thank
you for your help in this matter.
Sincerely,
Cc.
Atty. G. J. Angelini
Building Inspector
Town Administrator
Health Agent
There appears to be along history of 'selective behavior' on the part of town officials with regard to those who dissent to the practices of the builder whose plans and apparent violation of town and state regulations seem to have the complicit support of town officials. One looks hard for 'fairness'. One looks hard to see any interest in protecting Rocky Pond.
Letters from Boylston resident protesting what he feels to be retribution from town officials for his position on Rocky Pond issues.
February 24, 2006
Robert Ritchie
Assistant Attorney General
Director Civil Law Unit
1350 Main Street
Springfield, MA 01103 - 1629
Dear Robert Ritchie:
This letter is in relation to ongoing problems in the town of Boylston, MA. I live at 1 Boulder Way on Rocky Pond in Boylston. My family and I are in the middle of the town officials selective law enforcement. It is the attitude of these officials that if you don’t like what they do then take them to court. This was actually said by Cheryl Morrill, then a member of the planning board. When we objected to her telling a contractor that he didn’t have to survey a piece of our land that he wanted, we were told to take it to court if we didn’t like it. We finally had to and the judge found in our favor. Then the Boylston Conservation Commission took us to court over a fence erected to protect the same piece of land. Judge Kern found in our favor. In her written decision she disallowed two of the BCC witnesses. She stated in her paper that the BCC had received complaints from the contractor that he "had problems getting his construction vehicles by the fence." This is of course! is not a CC concern.
Having to go to court to protest special interests in this town is very costly and would help tie up the courts. My elderly wife, quadriplegic stepson, and I are on fixed incomes.
These problems are many and are covered by a website that is so accurate that it cannot be legally forced off the web.
Recently I was nominated to be on the Boylston Historic District Commission and the selectmen passed me over without giving me any reason even though I have sent them letters requesting specific reasons. So far our elected officials have ignored my requests. I am a secretary of the historical commission, a long time member of the historical society and past president.. I have been a 30+ year member of the New England Antiquities Research Association. I am qualified.
This I believe to be in retribution for being a "trouble maker".
I am enclosing a letter that I wrote to the editor of the Banner paper and a letter to the selectmen.
I am hoping that you can help us and in so doing help all the present and future citizens of Boylston.
Sincerely,
Frederick G. Brown
------------
February 18, 2006
Editor of The Banner
Coulter Press
Clinton, MA 01510
Dear Editor:
In reference to the article "Inspector will have enforcement powers over scofflaws" - Banner February 16, 2006 the facts would appear to have been misrepresented.
According to the website WWW.rkgprojects.com/saverockypond. A letter of protest dated October 2005 was sent to Mr. Brian Gore, P.E. Technical Director - State Board of Regulations and Standards complaining about Mr. Dillon not following town bylaws. Sue Olsen, Town Administrator was informed before this action was taken and she failed to act. A letter dated December12, 2005 was sent to Mr. Dillon by Robert Anderson, Deputy Administrator stating Statutes for site Plans and Zoning.
A letter was also sent to the Massachusetts Attorney General concerning this ongoing problem. Still our elected officials did nothing.
These letters can be seen in full along with other related problems within Boylston on the above mentioned website..
It seems funny that after these letters Mr. Dillon decided to "retire" with the Boylston elected town officials giving him a slap on the back and "magna cum laude" for services rendered.
Sincerely,
Frederick G. Brown
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The very same builder (surprise!) who has built a house, using a highly dubvious 'garage' permit, now proposes to build a huge house a few feet from the pond on the site of a cabin, the rules for which would seem to preclude on the basis of prior use, lease agreements and the agreement between the builder and the New England Forestry Foundation, which sold him the land and cabin sites as part of the deal which the original owner and many residents have opposed for several years. Here is a letter protesting this latest potential outrage. It is possible that the builder is an emperor with no clothes. In an Appeals Board meeting the week of March 13 he neglected to share critical parts of the lease agreement with the Board. Indeed, it looks increasingly as though town officials are catching on. Let's hope they do what is best for all the residents of Boylston (and the area) who love and want to protect Rocky Pond!
45 Rocky Pond Rd.
Boylston, MA. 01505
March 5, 2006
Mr. Raymond Duffy
316 Linden St.
Boylston, MA. 01505
Dear Mr. Duffy,
Attorney Angelini, in a letter dated February 7th to Rocky Pond residents, notified us that “Kenneth Sydow has filed a petition to build a large residential structure in the place of one of his cabins”.
I noticed from the most recent Assessor’s reports that the cottage area is listed as 764. square feet. Section2-NonConforming of the Zoning By-Laws, Article 2.01 states “Building reconstruction should not be greater than 50% of its area.” The plans on file in the Town Clerk’s office indicate a very large structure far greater than the 1146. square feet that would be 50% more than the square footage of the cabin.
The plans for the new structure show an area greater than 2000 sq.feet. and this does not include the attached covered garage area. I believe this garage area must also be included, as under Zoning By-Laws, Section 1.04 Definitions, No. 7 Building Area: ”the ground area enclosed by the walls of a building together with the area of all covered porches, and other roof portions.” I assume this would include the covered garage portion.
>From the time that the New England Forestry Foundation owned the land, all the cabins had a lease which included under Article IV: 4.1.2 Use. To use the premises only for a summer vacation residence. A year round house is changing the use from the original permitted use of the cabins.
Of course, the Conservation Commission needs to be notified and the Massachusetts Department of Environmental Protection has indicated a Request for Determination of Applicability Form BRP WW 04 needs to be filed.
As a member of the Zoning Board of Appeals, I trust you will take the above into consideration during the decision making process.
Sincerely,
_________________________________
Carol Sornberger
cc: Attorney Angelini
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This letter raises serious new questions about the 'garage'. How in the world does one build a large house on a garage permit? Not too many Boylston residents, or residents of other towns in the Commonwealth, would get away with this so easily!!!!!!
Letter to Boyston's temporary Building Inspector, Larry Brandt
March 16, 2006
Dear Mr. Brandt,
I am enclosing photos of the “garage” Mr. Kenneth Sydow has erected on Boulder Way. The Building Inspector issued Mr. Sydow a building permit for a “garage” (Accessory Building) which, according to the by-laws, has a 15 ft. height limitation.
The enclosed photos show the potential living quarters and the height of the building, both of which are in violation of the by-laws of the Town of Boylston for an Accessory Building “garage”.
I am asking you, as the enforcement officer, to enforce the by-laws of the Town of Boylston.
I am referencing Chapter 40A: Section 7 of the General Laws of Massachusetts: Enforcement of zoning regulations; violations; penalties, jurisdiction of superior court.
Perhaps the best way to resolve this situation is by issuing a “stop work order” while a complete investigation takes place.
Perhaps Mr. Sydow could explain why a new septic system was installed---a system for more than a three bedroom house-for the “garage”. Does he plan to convert the “garage’ to a three bedroom home in the future?"
I believe the sliding glass door seen in the first photo is evidence of intent.
I am enclosing a copy of the State of Massachusetts regulations to which I refer.
Sincerely,
_______________________________
Carol Sornberger
Attorney Angelini
Town Administrator
Planning Board
Board of Selectmen
Robert Anderson
For photos and more commentary (and some fun) click here for the Boylston Mystery House Page. Come back often because we'll be publishing more letters as we get them.
