THE JOE CURTIN STORY– HOW THE STERLING ZBA PUSHED THROUGH ARTICLE 38, “ACCESSORY DWELLING UNIT USE,” AT THE 2021 ANNUAL TOWN MEETING AND THE ZBA VICE-CHAIR, MONTHS LATER, GOT A BUILDING PERMIT TO BUILD HIS OWN “ACCESSORY DWELLING UNIT” WHILE DODGING THE STATE REQUIREMENT TO HAVE HIS SEPTIC SYSTEM UNDERGO A FULL “TITLE 5 INSPECTION”

Joe Curtin, with a home at 218 Upper North Row Road, Sterling, is Vice-Chair of the Sterling Zoning Board of Appeals a/k/a The Developers’ Doormat. During the 9 March and 13 April 2021 Sterling ZBA meetings the ZBA discussed and voted to approve several 2021 Sterling Annual Town Meeting Warrant Articles that it proposed, including the one eventually numbered Article 38, “Accessory Dwelling Unit Use.” Mr. Curtin was present for those meetings. He did not recuse himself from the votes. As you will see below, there was absolutely NOOO self-dealing or conflict of interest on Mr. Curtin’s part in voting to approve the ZBA-sponsored “Accessory Dwelling Unit Use” Warrant Article, NOOO SIRREE!
SEE https://www.sterling-ma.gov/node/2041/minutes-agendas
It is interesting to note that on 22 April 2021 the Sterling Planning Board DID NOT approve the Sterling ZBA’s proposed “Accessory Dwelling Unit Use” Warrant Article, the Planning Board vote being tied 2-2– https://www.sterling-ma.gov/node/4031/minutes-agendas

Warrant Article 38 passed at the 2021 Sterling Annual Town Meeting, making it much easier, in most instances, to obtain a building permit for an “attached” “Accessory Dwelling Unit” not exceeding 800 square feet.
SEE file:///C:/Users/Owner/Downloads/2021_atm_final_warrant_june_7_2021_003%20(1).pdf

LO AND BEHOLD, a mere eight (8) months later, on 8 February 2022, NONE OTHER than Sterling ZBA Vice-Chair Joe Curtin himself applied for a Building Permit to construct an 800 square foot “attached” Accessory Dwelling Unit with bedroom and bathroom at his home place, 218 Upper North Row Road. You can check it out using the Town of Sterling “E-Permitting” link as a “Guest”– http://www.permitlinkonline.com/csp/sterlinglive/DocumentLink.GuestPermitListCenter.cls

On the Sterling Board of Health 10 March 2022 Meeting Agenda– file:///C:/Users/Owner/Downloads/03-10-2022_posted_agenda_form_sterling_board_of_health%20(3).pdf –appeared this cryptic line item: “218 Upper North Row Road accessory dwelling unit, letter provided.” CUTE!!! There was ABSOLUTELY NO REFERENCE to Mr. Curtin needing a full Massachusetts Title 5 Septic System Inspection and Report required by 310 CMR 15.301(5), 15.302– file:///C:/Users/Owner/Downloads/310cmr15%20(1).pdf (scroll down to Pp. 72 through 76) — because his proposed “accessory dwelling unit” added a bedroom and would increase the flow through his septic system.

By Mass.Gen.Laws Ch. 66, Sec. 10 ‘Public Records Request’ I obtained that Sterling Board of Health “letter.” It is dated 28 February 2022, addressed to Sterling Building Commissioner Tony Zahariadis, and signed by Sterling Board of Health Agent David Favreau– you know, the guy who was under investigation for apparent ‘time sheet fraud’ in 2021 by the Office of the Massachusetts Inspector General. Mr. Favreau, in that letter, said in pertinent part: “I have reviewed the BOH files and confirmed that the existing permitted subsurface sewage disposal system supports a five-bedroom dwelling and shall support the additional sanitary flow for an Accessory Apartment.” The Sterling Board of Health “file” documents go back to 2012 when that septic system was designed and built.

BUT IT’S WORSE THAN ALL THAT. TURNS OUT, MR. CURTIN, AS A REGISTERED PROFESSIONAL ENGINEER, SIGNED THE “DELINE ENGINEERING” SEPTIC DESIGN PLAN FOR HIS OWN SEPTIC SYSTEM ON 26 MAY 2012. THE NAME ‘JOHN M. DELINE, JR.’ WAS LINED OUT AND CURTIN SIGNED THE PLAN HIMSELF AS “REGISTERED PROFESSIONAL ENGINEER” OVER THE SEAL/STAMP. THAT’S A HUGE CONFLICT OF INTEREST AND FRAUD ON THE TOWN OF STERLING.

As BOH Agent Mr. Favreau knows damned well that he is required to enforce the provisions of Massachusetts “Title 5,” 310 CMR 15.00 et seq., concerning septic systems. In the case of fellow Town official Curtin he ignored them–you know, Wink, Wink! You can bet that Sterling Building Commissioner Tony Zahariadis knows all about “Title 5” requirements too.

Mr. Zahariadis granted the Joe Curtin “Accessory Dwelling Unit” building permit on 28 February 2022, THE VERY SAME DAY FAVREAU PENNED THAT LETTER!

This week I reported this scam to MassDEP Central Region (Worcester) staff lawyer Rebecca Tobin, and Title 5 Section Leader David Boyer. You can report your concerns about this scam to them too. Here are their email addresses: Rebecca.Tobin@state.ma.us and David.Boyer@state.ma.us or Rebecca.Tobin@mass.gov and David.Tobin@mass.gov

WARNING: Ordinary law-abiding Sterling private citizens SHOULD NEVER try to perpetrate this type of scam on their own!

TO BE SUCCESSFUL IN PERPETRATING THIS TYPE OF SCAM YOU MUST BE A BENT TOWN OF STERLING OFFICIAL AIDED AND ABETTED BY AT LEAST ONE OTHER BENT TOWN OF STERLING OFFICIAL.

J.G.