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VIDEOS: Kablack Dodges Haarde's Questions Over Northwood Legal Fees

The attorney for Northwood Condominiums says the questions are irrelevant after trying to 'turn the tables' on the selectmen vice chair during an update on the project at last night's Board of Selectmen meeting.

 
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Haarde vs. Kablack: Part 1
Videos (2)

Videos

Haarde vs. Kablack: Part 1
Haarde vs. Kablack: Part 2
Related Topics: Bob Haarde, Mark Kablack, Northwoods Condominiums, and Sudbury Board of Selectmen

Kirsten Vandijk

7:58 am on Wednesday, October 17, 2012

The BOS policy of supplying advanced written notice of content for agenda (which has been very much a subject of debate) has now served to protect Haarde from answering a simple question. Is this policy not under scrutiny or am I mistaken. In any event, it would have been nice to hear uninterrupted conversation and fewer accusations being thrown about. It is a good sign that O'Brien stayed true to existing policy, and it goes to show how that policy can be employed.

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Mike Hullinger

8:05 am on Wednesday, October 17, 2012

Yes, it would appear that Northwoods has been studied extensively by elected and appointed Town officials for more than a decade. From Mr. Kablack's comments, he doesn't believe something is studied, unless the Town pays a third party professional a large fee to study it. So he came to BOS simply to complain that there was no study, ignoring that the BOS, ZBA, building inspector and others have studied this matter extensively, simply becuase we didn't pay someone to study it.

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Kirsten Vandijk

8:33 am on Wednesday, October 17, 2012

I understand your point, Mike. So we are talking about STUDIED vs CONTRACTED STUDIES. I was tripped up by that one.

SueChap

8:16 am on Wednesday, October 17, 2012

my observation is similar to yours Mike. Mr. Kablack interprets a studied as something commissioned. I believe Mr. Haarde's comments were in the context that with 3 selectmen, there were several projects in town going nowhere despite immense town and committee resources studying them. With 5 selectmen, there would be more attention paid to move these projects forward.

Kirsten, I normally would agree with you but on this one, I think Mr. Haarde is correct. I won't go into Mr. O'Brien as I openly admit I believe he is an enormous part of our problem in Sudbury politics and culture and not part of the solution.

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Kirsten Vandijk

8:34 am on Wednesday, October 17, 2012

Have any of the Town-conducted studies been documented? Do you know where a Sudbury Citizen can get a copy? The BOS office?

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siobhan hullinger

10:06 am on Wednesday, October 17, 2012

You will have to do a minutes search. As stated above there has been no "contracted" study on Northwoods and nor should there be. There is plenty of video on Sudbury TV and minutes in the ZBA,BOS and planning department.

siobhan hullinger

9:41 am on Wednesday, October 17, 2012

I think this whole diatribe was unnecessary. Mr Kablack had no purpose to this request to "update" other than to engage Selectman Haarde. Northwoods has been discussed over and over and over again. The legal fees are a huge part of the viability of this development and it is disconcerting how much the condo fees have risen because of them. Mr Kablack should have answered the question, and/or surmised it would have been brought up. Other citizens cannot get on the BOS agenda but Mr Kablack seems to have been given rock star status in coming before the board with an erroneous update.

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JJoseph

9:58 am on Wednesday, October 17, 2012

Mr. Kablack was way out of line on. He claims he was updating yet he was grandstanding instead. Mr. Obrien was good at shutting down the conversation but it does make you wonder how he was even allowed to be on the agenda.

Sudbury can do much better than this.

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Mike Hullinger

11:20 am on Wednesday, October 17, 2012

After watching this clip again, clearly Mr. Kablack is being rancorous in asserting that he is unaware of the town studying the Northwoods matter. He is in fact slamming the BOS, the ZBA, the Town Planner, The Building Inspector and any other town official who has studied the Northwoods development in order to make decisions about Northwoods. Is he seriously contending these people made decisions without studying the matter? No. His sole purpose was to try and make one of the Selectman look bad. This from a person who wrote a letter to the Patch complaining about the special Town Meeting being rancoruous. Kudos for Selectman O'Brien spotting the specious nature of Kablack's remarks and, based on O'Brien's comments, their lack of relevance to the actual purpose of the stated agenda item. Who reqeusted the agenda item? If it was Mr. Kablack, then it was done under false pretenses. If he requested the agend item, he should have identified it as "Discussion of Northwoods Studies."

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Kirsten Vandijk

11:36 am on Wednesday, October 17, 2012

While One perhaps should not assume what Mr. Kablack's sole purpose was, it would appear that if what you are suggesting is true, he did not succeed!

C J

11:55 am on Wednesday, October 17, 2012

Agree... why are studies needed for everything this town does. Rely on the expertise of the BOS, Conservation Commission, Planning Board, etc. Save the studies and money for necessary studies (like MSBA requires one when a new school is built)

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Eric Poch

11:55 am on Wednesday, October 17, 2012

Larry had every right to shut down this pointless waste of the Board's time. I can't be certain of studies that Bob may have referred to, but I believe the three most studied - and coincidentally, most stagnant projects in town are the Maloney/Gravel Pit property (next to , but NOT Northwoods), the Rail Trail and the Police Station.

NorthWoods is mired in litigation, which is not being helped by the BOS undercutting Town Bylaws and the Planning Board in the developers' request to change it Use. The Rail Trail awaits reply form Town staff regarding a Concept Plan, originally requested by the BOS last year- after proceeding with the project was just ratified by the Town. And as for the Police Station - it was moth-balled (again) what, 2 years ago? and I don't know that it's come up much since.

If anything, this was a glaring endorsement for 1) a time limited public comment section of each BOS meeting, 2) a need for control of the discussion and adequate time for members to prepare for inquiry, and 3) to add 2 more members tot he BOS so we can get thing moving and more importantly, DONE in Town, rather than have studies and requests collect dust on desks and shelves for too long.

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Claudio Delise MD

2:22 pm on Wednesday, October 17, 2012

I am the owner who just gave up his Northwood condo through foreclosure. I did not want to continue to pay for Mark Kablack's retirement plan through condo fees. To answer Selectman Haarde's question that Kablack evaded in this "update", according to the Northwood accounts the Northwood condo association of 24 units paid $520,000 to lawyers from 2005 through 2011, not counting approximately $60,000 paid by their insurance company in 2007. There has probably been another $50,000 to $100,000 spent so far in 2012. Most of this money went to Kablack as lead attorney, with smaller portions to Marcus, Errico, Emmer & Brooks for litigation, and to Anderson / Aquino for bankruptcy support.

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Mike Hullinger

6:55 pm on Wednesday, October 17, 2012

Are you suggesting that for the past 7+ years, the Northwood legal fees, including those paid by insurance, have averaged in the range of $80,000 to $90,000 per year, with the majority of it going to Attorney Kablach, in his capacity as counsel for the homeowner's association? Isn't the homeowner's association potentially a party adverse to the BOS and Town in the context of seeking changes to the approved development plan? Was he appearing at the BOS meeting as counsel for the homeowners association, or as a former town committee chairperson, or as a private citizen seeking information on studies done by the Town? Did he disclose to the BOS in what capacity he was appearing before the BOS? From Selectman O'Brien's comments it sounded like the BOS was under the impression Attonrey Kabalck was there in his capacity as counsel for the Homeowner's Association. As the spouse of the Town Planner, I would assume he would be aware of the extensive discussion and analysis of the situation at Northwoods that have occurred over the years. Maybe not. I am confused by what the point of his inquiry with the BOS was.

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Robert Fucci

7:03 pm on Wednesday, October 17, 2012

@Mike Hullinger ... after looking over my raw footage of the meeting, Kablack introduces himself as the attorney for Northwood Condominium Trust.

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Mike Hullinger

8:49 pm on Wednesday, October 17, 2012

Ok, so he uses the pretense of being the lawyer for Northwood, and perhaps was granted agenda time because he is the lawyer for Northwood requesting "discussion and update on Northwood," but his question was in his capacity as a citizen who attended the special Town Meeting questioning a comment made by Selectman Haarde about Northwood being studied by the town. I looked like Selectmen Haarde and O'Brien were expecting him to update the status of Northwood, which was clearly NOT why Kablack was there.

Claudio Delise MD

7:18 pm on Wednesday, October 17, 2012

Welcome to the intricacies of the Northwood/Kablack Saga!
BTW You forgot to mention that Kablack also represents the new developer.
I'm not a lawyer and I never played one on TV so I don't understand how you can be a lawyer representing both parties to a contract.

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Mike Hullinger

8:59 pm on Wednesday, October 17, 2012

The short answer is you can't, because you breach the requirement for protection of attorney-client privileged information and you breach your duty of loyalty to your client. If you ended up in litigation with the other party to the contract, information between Northwood and Kablach that is of a privileged nature and protected from discovery would not be privliged because Kablack, by representing the other party, necessarily would now have possesion of the privileged information he obtain while serving as counsel for Northwood. I am not a lawyer but have used them frequently over the past 30 years for transactional and litigation matters, and everytime they run a conflict check before they agree to represent me.

So he also represents the new developer? If I were Northwoods, I would dismiss my counsel. Just my opinion.

SueChap

10:40 pm on Wednesday, October 17, 2012

he represents the new developer and he still holds his position as director, executive committee, and chairs the public policy committee of the home builders association of massachusetts. He is their former general counsel.

And don't forget his wife is the town planner responsible for endorsement and negotiation of building permits.

this guy wears alot of hats and debates himself often.

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