Old Harbor ‘school’ plan delayed — again

Assistant planner says applicant owes money, but town can’t reach him

By Ted Hayes
Posted 3/22/24

It will be at least another two months before a controversial plan to develop a live-in school for teens with substance abuse issues gets another hearing before the town.

For the third time …

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Old Harbor ‘school’ plan delayed — again

Assistant planner says applicant owes money, but town can’t reach him

Posted

It will be at least another two months before a controversial plan to develop a live-in school for teens with substance abuse issues gets another hearing before the town.

For the third time since January, members of the planning board on Tuesday agreed to continue site plan review of the proposed facility at 435 Old Harbor Road, brought before them by Hyannis developer Ken Weber.

Board members last reviewed the project in late November, continuing it at Weber and his attorney’s request three times since.

Before board members voted to shelve further review until Tuesday, May 21, town planner Amy Messier told them that her office has not received any revised plans, as discussed at the last planning board hearing on the matter in late November. She said she is also waiting for Weber to remit funds to pay for a consulting engineer to review the project.

“We asked for additional funds probably about a month ago,” she said.

“I spoke to the applicant probably a little bit over two weeks ago, and he said he was going to put a check in the mail. But we have not received anything and we cannot get in touch with him.”

Weber’s plan is to build a facility that would house up to a dozen teens at a time, plus staff, in an existing home and outbuildings on a 10-acre stretch of residential/agricultural-zoned land on the Little Compton town line.

Weber and his attorney have contended from the beginning that their proposal is primarily educational in nature, and as such is allowed by right in the residential/agriculture zone in which it lies, as long as it receives site plan approval by the planning board.

In claiming that the proposal is allowed by right and need only obtain site plan review, Weber has long pointed to a letter written by Westport zoning enforcement official Ralph Souza, who last June wrote to him that “the use of the property at 435 Old Harbor Road for educational service would be allowed” as long as site plan approval is granted.

But in December, members of the zoning board, acting on an appeal fired by several neighbors, ruled that Souza’s letter was not an official “determination,” as claimed by Weber and his attorney, but an informal note on the nature of what is and is not allowed in that zoning district.

“He did not make a determination that that use was educational,” zoning board member Cynthia Kozakiewicz said of Souza’s letter. Souza agreed at that meeting, saying he was writing only on allowed uses within that zone.

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