Hermon St. Condo Project Still Hanging

WINTHROP – Since October of last year developers who wish to turn the former church at 60 Hermon St. into condominiums have been trying to work with town officials and neighbors to change the zoning of the property. Now they will have to wait until May 19.

Tuesday night the Town Council brought in town counsel Betsy Lane, of Kopelman & Paige, to help clear up the procedural knot of motions and votes on turning 60 Hermon St. into an SDOD (Special Development Overlay District). Included in the knot of motions was one from Councilor Paul Varone, who lives on Hermon Street and has been working for the neighbors. Varone requested at the last meeting to have an opinion from the attorney general on what was needed for a proper vote. After the lengthy lesson, Lane informed the counsel that Varone’s request does not fall under the attorney general’s jurisdiction, she does not do zoning matters, so it is likely the town will not receive an opinion from her.

Prior to last night’s meeting, attorney Richard Lynds, who represents Ocean City Development, owners of 60 Hermon St., submitted a letter to the council asking if they would resubmit the request for an SDOD. An SDOD is a particular zoning regulation in Winthrop which allows a change in zoning if the development encourages the reuse of a property and must meet certain criteria.

    So far the council has voted twice on the petition and both times it did not pass. According to Lane, the council has a couple of options and resubmitting the request is one of them. Lane said this would start the process all over again. She explained that the council would basically resubmit the request to itself and then the council has 14 days to forward it to the Planning Board, which has already voted positively on this project. The Planning Board would have to vote again.

 “It is a complicated area of law,” Lane said. “It’s hard to have a grip on this.”

The Town Council has 90 days to vote on the proposal after a town council hearing. The hearing was held on April 7. “So the clock is ticking,” Lane said.

 If no action is taken on the motion to grant 60 Hermon St. SDOD status the zoning fails. Or the council may choose to vote the motion up or down.

“If this is going to linger on then it’s probably not worth our time to do it,” Lynds said, pointing out that the Planning Board already voted favorably for the SDOD and that the majority of the council supports. “I am fearful of being set up for failure again because not much is going to change.”

Lynds added that his client does have the property listed for sale. However, Lynds said they will put that on hold until May 19 when the town council meets again. Varone is holding out hope that the attorney general will give an opinion. He said he would wait until May 19.

“She’s going to say ‘sorry, it’s out of my jurisdiction’,” Lane said.

Lynds and Ocean City Development have been attending all the meetings. They also held a community meeting for the neighbors complete with food.

 “We held a community meeting and it seems to have fallen on deaf ears for some members,” Lynds said, with an urging that the Town Council vote on the SDOD and the Planning Board will decide the details. Lane added that if the Planning Board does nothing the proposal dies.

 “The neighbors need an opportunity to hear this again,” said Council President Jim Gill. “If the developers sell it could become a church again or someone new could buy it and we start all over again.”

 Ocean City Development would like to turn the old church into a condo development with not more than five units. One abutter, John Cataldo, who lives right next door said his house use to be the rectory for the church. He has one opinion about his lot line and 833 feet his family has been using for 40 years. The developers have another opinion. As a result Cataldo has obtained a lawyer and is filing a adverse possession case in Land Court.

So simultaneaously the proposal will go back to the Planning Board and the Town Council will wait to see if the attorney general replies. Lynds repeated that his clients would hold the real estate listing until May 19.

“It’s taken a lot of resources to decide this,” Lynds said.