Filling Stoughton's Downtown "Crater" Complicated By Zoning Issue

STOUGHTON, MA — There's been excitement surrounding a plan to build 14 apartment units with retail stores in Stoughton Center. The project, unanimously approved by the Planning Board in January, was suppose to finally replace what Selectman Robert O'Regan described as the "crater" in the downtown. The new development is supposed to replace Cheng-DU, a Chinese restaurant destroyed in a 2009 fire, and the former storefront of Malcolm and Parson's Insurance.

Construction crews have already started removing asbestos from the remains of the old property. But a zoning issue discovered by town attorney Jonathan Eichman has thrown a new wrench in the long-awaited development project, the Brockton Enterprise reported.

According to a letter to selectmen obtained by the Enterprise, Eichman said that the property's proposed parking plan violates Stoughton's special zoning overlay laws which govern downtown construction. The letter alleges that the Planning Board failed to take this into account before unanimously approving the project in January.

Planning Board chair Joseph Scardino told the Enterprise the board relies on the advice of the town's paid planning staff for zoning and that the project went through about 20 hearings over a five-year period.

Selectmen Stephen Cavey on his Youtube channel said the Planning Board granted a special permit to allow zoning for parking on the first floor. The only thing Stoughton's zoning allows allow on the first floor is storefronts and in some exceptions, residential units, he said.

"The bylaw does not confer such authority on the planning board as the special permit granting authority for this use," Cavey said reading the letter from Eichman.

Cavey said he doesn't know what caused this "failure" but said its the selectmen's responsibility to make sure an oversight like this never happens again. Cavey then went a step further and suggested resignations could be in play.

"Our bylaw doesn't allow for anything other than a handful of uses," Cavey said. Parking is not one of them, so this plan is not legal. We need to figure out where to go from here ... I need to know personally how it was possible how this was done ... I want a better idea of what the planning board's process was and how they arrived at this conclusion. It does not appear there was ever any consultation with town counsel."

For more on this story, check out the Brockton Enterprise.