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1 TOWN OF SCITUATE
2 ZONING BOARD OF REVIEW
3 7:00 P.M.
4 TUESDAY, SEPTEMBER 27, 2017
5 SCITUATE HIGH SCHOOL AUDITORIUM
94 TRIMTOWN ROAD
6 NORTH SCITUATE, RHODE ISLAND
7
8
9 RE: Case #1200, Paramount Development Group
Location of premises 1 Main Street (Hope)
10 Assessor's Plat 3-Lot 8; Plat 5-Lots 1, 114,
117; M (Manufacturing) VO (Village Overlay)
11 Under the Zoning Ordinance
12
13 ZONING BOARD MEMBERS IN ATTENDANCE:
14 Dennis Charland, Acting Chairman
Paul Durfee
15 Dean N. Costakos
Ed Rambone
16 Joseph D. D'Amico
Steve Gaddes
17
18 Peter Ruggiero, Town Solicitor
Calista McDermott, Secretary
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1 proposed development.
2 I can answer any questions the Board has.
3 CHAIRMAN CHARLAND: Mr. Cronan, the -- you
4 had mentioned the time frame, the a.m. peak and the
5 p.m. peak.
6 MR. CRONAN: Yes.
7 MR. CHARLAND: Is the count, the number
8 count that you utilized, as example, the 650 cars
9 northbound a.m. peak, is that on a 1 hour basis --
10 MR. CRONAN: Yes, one hour basis.
11 CHAIRMAN CHARLAND: So per hour?
12 MR. CRONAN: We always take the worse, the
13 highest volume in the morning peak hour and highest
14 volume in the afternoon peak hour to do our
15 analysis.
16 CHAIRMAN CHARLAND: Okay. Does -- one of
17 the concerns in terms of parking, the standard that
18 you are citing for the adequacy of parking spaces,
19 does that contemplate the fact that this is a rural
20 community that is not on a bus route so that it is
21 unlikely that people would have, I would say, one
22 car per household. Probably, if you have two
23 people in the house, you might have two; is that
24 taken into consideration?
1 with it tonight.
2 CHAIRMAN CHARLAND: Thank you. Attorney
3 Shekarchi, you had a question or comment?
4 MR. SHEKARCHI: Thank you, Mr. Chairman.
5 I'd like to just comment on Mr. Harsch's -- you
6 stated -- the second part of his argument --
7 UNKNOWN SPEAKER: Who are you?
8 (AUDIENCE DISRUPTION)
9 MR. SHEKARCHI: I will be more than happy
10 to say that my name is Joe Shekarchi. I'm an
11 attorney for Paramount Development, the Applicant
12 before you tonight.
13 (AUDIENCE DISRUPTION)
14 CHAIRMAN CHARLAND: Excuse me. He has the
15 right to speak. We are trying to make sure that
16 everybody -- we're getting this fully vetted. So
17 please, hold your comments in that regard.
18 UNKNOWN SPEAKER: Did he swear you in?
19 MR. SHEKARCHI: I don't need to be sworn
20 in. Mr. Chairman, I'd like to state -- Mr.
21 Harsch's position, I'd like to put a contrary point
22 of view in terms of his argument about the Board
23 not having the authority to do so. I believe that
24 that argument itself is a mute point. The Board
1 housing plan.
2 UNKNOWN SPEAKER: Sit down.
3 (AUDIENCE DISRUPTION)
4 MR. SHEKARCHI: Mr. Chairman, the basis
5 for my objection is that I have not reviewed a copy
6 of that report. So I haven't had a chance to look
7 at it or review it.
8 (AUDIENCE DISRUPTION)
9 CHAIRMAN CHARLAND: Excuse me. Excuse me.
10 Excuse me. You're not allowing us to conduct the
11 business of the meeting.
12 UNKNOWN SPEAKER: He's not.
13 (AUDIENCE DISRUPTION)
14 (MULTIPLE SPEAKERS)
15 CHAIRMAN CHARLAND: He has every right to
16 challenge --
17 (AUDIENCE DISRUPTION)
18 (MULTIPLE SPEAKERS)
19 CHAIRMAN CHARLAND: I'm at the point where
20 I will be recessing this meeting until police can
21 be coming at this point. I need cooperation.
22 (AUDIENCE DISRUPTION)
23 CHAIRMAN CHARLAND: He has the right as
24 the attorney representing the client to object to
1 any --
2 UNKNOWN SPEAKER: What about her right?
3 (AUDIENCE DISRUPTION)
4 (MULTIPLE SPEAKERS)
5 CHAIRMAN CHARLAND: He has a right to
6 object.
7 UNKNOWN SPEAKER: Every two seconds?
8 (AUDIENCE DISRUPTION)
9 (MULTIPLE SPEAKERS)
10 CHAIRMAN CHARLAND: Excuse me. He has the
11 right. We need to establish what's going on here
12 in terms of the qualifications of the candidate.
13 (MULTIPLE SPEAKERS)
14 CHAIRMAN CHARLAND: At that point, we will
15 then be able to proceed further, okay. I ask you
16 to be quiet and let this go at this point.
17 (MULTIPLE SPEAKERS)
18 (INAUDIBLE AUDIENCE SPEAKER)
19 CHAIRMAN CHARLAND: Mike, we can't do
20 that.
21 (AUDIENCE DISRUPTION)
22 (MULTIPLE SPEAKERS)
23 MR. SHEKARCHI: Mr. Chairman --
24 (AUDIENCE DISRUPTION)
1 is from --
2 UNKNOWN SPEAKER: We can't hear you.
3 CHAIRMAN CHARLAND: -- Cindy Gianfrancesco
4 and we are going to include this as item A9.
5 At this point one of the things that I asked
6 Attorney Shekarchi in terms of any realtors' impact
7 and you said there was no one.
8 MR. SHEKARCHI: The only witness I would
9 like to recall is Mr. Pimentel, who previously
10 testified before this Board as a Land Use Expert
11 just to have him refute some of the --
12 UNKNOWN SPEAKER: We can't hear you.
13 MR. SHEKARCHI: -- some of the conclusions
14 by Ms. Sweet.
15 CHAIRMAN CHARLAND: Okay. If you would,
16 Mr. Pimentel. I am not swearing you back in
17 because you've already been sworn in at another
18 hearing. Please speak directly into the
19 microphone.
20 MR. SHEKARCHI: Mr. Pimentel, I know you
21 testified before as an expert but have you
22 testified in the superior court --
23 (AUDIENCE DISRUPTION)
24 MR. SHEKARCHI: -- and have been
1 (AUDIENCE DISRUPTION)
2 MR. SHEKARCHI: Please note that. Thank
3 you. That's the best answer I can give you.
4 It's work-force housing. It's firemen,
5 policemen, teachers, people who live in the
6 community, people who want to live in Hope because
7 it's a nice area, senior citizens.
8 MR. COSTAKOS: So can I assume from your
9 answer, which may or may have any dealings with --
10 restricted -- if I look at Rhode Island Housing's
11 website and I look at the basic categories, you're
12 telling me that you believe that the first -- phase
13 1 is 100 percent Rhode Island Housing eligible?
14 It's 100 percent subsidized housing?
15 So the first 100 percent of the people there
16 will be under the rent restricted homes that --
17 that's really what I'm looking for right there,
18 what is the evidence of that? And can you ensure
19 the public that this is the way it will be and it
20 won't change?
21 MR. SHEKARCHI: It's 100 percent
22 affordable. Not 100 percent subsidized. It's 100
23 percent affordable housing.
24 Affordable does not mean subsidized. Section
1 8 means subsidized.
2 MR. COSTAKOS: Rhode Island Housing is
3 giving you tax credits.
4 MR. SHEKARCHI: And the purpose of the tax
5 credits is for the rehabilitation of the Mill as
6 well as keeping the rents affordable, not
7 subsidized. Does that help? The rent will be 950
8 per month.
9 MR. COSTAKOS: But does everybody who
10 lives there need to go through Rhode Island
11 Housing?
12 (MULTIPLE SPEAKERS)
13 MR. SHEKARCHI: I'm sorry. Say that
14 again, please.
15 MR. COSTAKOS: Does everyone who lives
16 there basically need to have gone through Rhode
17 Island Housing to be eligible --
18 MR. SHEKARCHI: No.
19 MR. COSTAKOS: -- to live in the
20 apartments?
21 MR. SHEKARCHI: Not at all. No. They
22 qualify based on income and they don't have to go
23 to Rhode Island Housing for any kind of application
24 process.
1 whatsoever.
2 MR. COSTAKOS: Just, again, I just want to
3 make it clear for --
4 MR. SHEKARCHI: Thank you.
5 MR. COSTAKOS: -- for people to
6 understand.
7 MR. SHEKARCHI: No, I'm happy you did and
8 I'm grateful you did. Thank you.
9 MR. HARSCH: May I ask a question of the
10 witness?
11 Mr. Shekarchi, did your client apply to Rhode
12 Island Housing for tax credits?
13 MR. SHEKARCHI: Yes.
14 MR. HARSCH: How many times?
15 MR. SHEKARCHI: I believe twice.
16 MR. HARSCH: And were they accepted?
17 MR. SHEKARCHI: Obviously, no. And the
18 reason they weren't accepted was because we hadn't
19 finished the local permitting process.
20 MR. HARSCH: The Rhode Island Housing has
21 been asked for $1 million worth of tax credits --
22 UNKNOWN SPEAKER: 1 million and seventy
23 six dollars.
24 MR. HARSCH: -- that was not approved.
1 respectfully.
2 MR. HARSCH: Okay. Low/moderate income
3 housing.
4 MR. SHEKARCHI: How about affordable
5 housing?
6 MR. HARSCH: Affordable housing, if you'd
7 like.
8 MR. SHEKARCHI: Thank you.
9 MR. HARSCH: And what has Rhode Island
10 Housing said about the amenities which you were
11 offering in the affordable housing units?
12 MR. SHEKARCHI: I don't know specifically
13 what they've said. They've said specifically you
14 still need to get more local approvals and come
15 back.
16 MR. HARSCH: And they also said, as I
17 understanding it, that the amenities being offered
18 were not sufficient to satisfy their guidelines; am
19 I correct?
20 MR. SHEKARCHI: They have never said that.
21 That's a false accusation. I'll put my client on
22 whose had conversations with Rhode Island Housing
23 that they have never said that.
24 And I will ask Mr. DesRosas to state that --
1 that falsehood.
2 MR. DESROSAS: I don't know where you got
3 your information from, sir --
4 (MULTIPLE SPEAKERS)
5 MR. DESROSAS: -- but I have to tell you,
6 sir, that that's incorrect.
7 MR. HARSCH: Then what is correct about
8 why Rhode Island Housing turned you down?
9 MR. DESROSAS: I think Joe explained that
10 to you. You need to have your planning and zoning
11 approvals. If they give somebody an allocation
12 without planning and zoning, what if they don't get
13 their planning and zoning, then their money is in
14 limbo.
15 They never lose a project. They are very
16 careful to make sure that everybody has everything
17 they need, permitting is all done, then you will be
18 issued your credits if it's your turn.
19 MR. HARSCH: You can see why people are
20 not clear on the low/moderate income, affordable
21 housing element of your plan because by putting out
22 so many market-rate units with affordable units,
23 you actually dilute the affect within the town.
24 MR. SHEKARCHI: If you have evidence -- if
1 on that.
2 MS. HOPKINS: And also to serve your town.
3 CHAIRMAN CHARLAND: You're assuming that
4 we are already making decisions --
5 MS. HOPKINS: You've already stated that
6 you already felt an obligation so I am here to
7 address that. At your last meeting --
8 CHAIRMAN CHARLAND: I have an obligation
9 to address that.
10 MS. HOPKINS: -- last Zoning Board
11 meeting, you absolutely stated to the community
12 here that you felt some sort of obligation to the
13 2006 agreement and that -- to here and now -- your
14 constituents that are all here to -- there were two
15 meetings to address these points. So to say that
16 we are mute is really unfair.
17 Also, I would like to bring -- I'm sorry --
18 the agencies that approved the previous plan. So I
19 was on the Hope Overlay Committee for several
20 years. And in that time that I served, I can
21 consider myself an expert of that Hope agency. And
22 in that agency, they have denied people to put
23 overhangs over their roof. They insisted on
24 single-pane glass in an age where people can't
1 it?
2 CHAIRMAN CHARLAND: Please?
3 MS. ALLEN: There is one more day of it,
4 do you want that?
5 CHAIRMAN CHARLAND: We have it in the
6 information that you're giving us.
7 UNKNOWN SPEAKER: We would like to hear
8 it.
9 CHAIRMAN CHARLAND: The public would like
10 to hear it.
11 MS. ALLEN: On Sunday, 9/23, it was a
12 sunny day. This is an hour-long period, 11:30 -
13 12:30.
14 A vehicle traveling into Hope from Coventry on
15 Route 116 can go straight or turn left. Straight
16 equaled 209 cars. Turning left onto Hope Furnace
17 Road, 125.
18 A vehicle traveling down Hope Furnace Road to
19 Route 116 turning left onto Route 116 equaled 127.
20 Turning right equaled 150.
21 A vehicle traveling toward Coventry from Hope
22 on Route 116 can go straight or turn right.
23 Straight equaled 158. The ones turning right was
24 105.
1 6?
2 CHAIRMAN CHARLAND: Again, is that
3 traffic?
4 MR. MACEDO: I waited in line.
5 CHAIRMAN CHARLAND: I'm sorry. We have to
6 get -- all these people have to have their say.
7 You have had a chance to put yourself on record in
8 the prior meeting, correct?
9 MR. MACEDO: Yes.
10 CHAIRMAN CHARLAND: Okay. You've said all
11 of the points you're making right now. I'm asking
12 that you allow other people to testify so that we
13 have everybody's voice on record. You're repeating
14 the same things.
15 MR. MACEDO: I will say that it only makes
16 sense for an area that, I mean, for a facility
17 that's going to produce high traffic to be in an
18 area that's centrally located for high traffic.
19 Maybe where you guys live.
20 (APPLAUSE)
21 MR. MACEDO: This is pragmatic common
22 sense and nothing more. And from another
23 standpoint, this is a town that's consistently
24 uprooted historical places. Of course I'm talking
1 this tonight.
2 So this is based on the information I was told
3 by the town council in a public meeting.
4 (APPLAUSE)
5 MS. KELLY: How are we ever going to meet
6 these costs while at the same time carrying the
7 additional burden this project will bring to our
8 town in tax dollars and our police station, and our
9 roads and our traffic?
10 I've asked many times what the benefits of
11 this project will bring to Hope and Scituate and
12 not one person has been able to give me a
13 legitimate benefit from it.
14 However, I myself have discovered the answer
15 in an unexpected very wonderful way. The residents
16 of Hope and Scituate are now galvanized and have
17 joined together to do what we feel is right for our
18 community and that is to stop this project from
19 going through as proposed. Never before has this
20 community come together in such a way.
21 Again, we are not against developing this
22 project but it must be in a responsible manner that
23 maintains the quiet rural environment that has
24 drawn and kept us all here over the years.
1 (APPLAUSE)
2 MS. KELLY: When you vote on this matter,
3 please carefully consider the irreversible
4 ramifications of the project if approved as
5 proposed. But more importantly, remember what Hope
6 is. Hope is our town. It is our home and it is
7 our future.
8 (APPLAUSE)
9 MS. MYERS: My name is Jennifer Myers and
10 I swear the testimony I'm about to give is the
11 truth --
12 CHAIRMAN CHARLAND: Your address, please.
13 MS. MEYERS: -- so help me God.
14 CHAIRMAN CHARLAND: Your address, please.
15 MS. MYERS: I live at 11 Mill Street in
16 Hope. I don't think I really need this because I
17 do have a big mouth but what you people need to
18 understand --
19 UNKNOWN SPEAKER: We can't hear you.
20 CHAIRMAN CHARLAND: We still can't hear
21 you.
22 MS. MYERS: Okay.
23 CHAIRMAN CHARLAND: No, speak into the
24 microphone, please.
1 (APPLAUSE)
2 MS. MYERS: All right. We pay our taxes.
3 We do what we are supposed to do. Now it's time
4 that this town does what's right for it's
5 villagers. Because this is -- if you don't want to
6 -- if you want to pass this, change the name from
7 Hope to Hopeless.
8 (APPLAUSE)
9 CHAIRMAN CHARLAND: Yes, ma'am.
10 MS. KALASHIAN: Hi. My name is Sandra
11 Kalashian. I live at 54 Armand Way.
12 CHAIRMAN CHARLAND: I'm sorry. I didn't
13 catch your last name.
14 MS. KALASHIAN: Kalashian.
15 THE COURT REPORTER: Can you spell it,
16 please.
17 MS. KALASHIAN: K-A-L-A-S-H-I-A-N.
18 (SWORN IN BY CHAIRMAN CHARLAND)
19 MS. KALASHIAN: We've heard so many people
20 discussing many things about Hope --
21 CHAIRMAN CHARLAND: Speak directly into
22 the microphone.
23 MS. KALASHIAN: I'm sorry. I feel like
24 I'm standing up here representing Hope Elementary
1 evidence --
2 UNKNOWN SPEAKER: People aren't dumb out
3 here.
4 MR. COSTAKOS: And this person put some
5 effort into this or multiple people. It seems like
6 you would need multiple people to keep track of all
7 of those cars. For those numbers to be true, I
8 don't see how you can keep track of, you know, X --
9 you know, some number of cars per second and also
10 keep track if they went left, they went right, they
11 went right or there's another car.
12 I can't even imagine how one person could have
13 done that. But what do you see in those numbers?
14 Are those numbers possible? And how do you
15 reconcile the difference between your official
16 traffic studies and their anecdotal evidence? Have
17 you see this before? Do people -- I know in --
18 eyewitnesses make very poor witnesses in crimes and
19 things like that. But is it also true that people
20 living there, seeing things that really aren't
21 there or something along those lines?
22 MR. CRONAN: One count I'm looking at is
23 7:10 to 7:40 in the morning, a half hour.
24 (INAUDIBLE) North bound -- this is at Hope Furnace
1 opinion.
2 MR. CRONAN: They had 230 going north.
3 Our traffic count, the traffic count was 309 so we
4 were higher. They have 240 going south. We have
5 426 going south, so we were much higher. We had
6 284 going right. We had 220 going right so we were
7 a little lower.
8 UNKNOWN SPEAKER: Was your count for an
9 hour?
10 MR. CRONAN: They were 234 coming out of
11 Hope Furnace taking a left. We only showed 98 so
12 we were much lower.
13 They have 216 making a right out of Hope
14 Furnace. We only had 49.
15 116 traffic, we were higher. Hope Furnace
16 traffic, we showed lower. (INAUDIBLE)
17 UNKNOWN SPEAKER: Are you using a half
18 hour or an hour? Multiply those numbers then.
19 MR. DURFEE: Excuse me. Can I just ask
20 what would be considered the times -- whomever it
21 was who prepared this, would those be considered
22 high-traffic times in relation to yours?
23 MR. CRONAN: The two I talked about, one
24 was 7:10 to 7:40 in the morning, so that was close
1 public comment.
2 MR. DURFEE: -- and close the record for
3 public comment.
4 CHAIRMAN CHARLAND: I have a motion. Do
5 we have a second?
6 MR. RAMBONE: Second.
7 CHAIRMAN CHARLAND: Motion made and
8 seconded. All those in favor signify by saying
9 aye.
10 (BOARD RESPONDS)
11 CHAIRMAN CHARLAND: Any opposed, none.
12 MS. MCDERMOTT: I motion that we get a new
13 PA system for the next meeting.
14 (HEARING ADJOURNED AT 10:57 P.M.)
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