DCR letter causes Kasabuski confusion

SAUGUS – Saugus Town Manager Scott Crabtree and the attorney for the Kasabuski Rink owners are looking for clarification after the Department of Conservation and Recreation sent a default letter to the town.A letter from the DCR dated June 27 states: “The Town of Saugus as the primary tenant has not complied with several material provisions of the lease including but not limited to sections 8 and 9 of the lease.”Sections 8 and 9 deal with maintenance and capitol improvement issues, according to the lease, and the DCR further states in the letter that it has yet to receive “any assurance that work previously done, needed or agreed upon has been properly completed ?”The letter, which gives 30 days to comply, also states the DCR has not received monthly fiscal reports, updates on ice time fees or assurance that capital improvements are being planned.Attorney Neil Rossman, who represents sub-lessees Dan Maniff and John Curly, said the DCR inspected the rink in January and only found “minimal corrections” that were “remedied on the spot.” However, he noted he has had no contact with the DCR since then and doesn?t know what needs to be done to correct the issues in the latest default letter.?They?re not specific,” said Rossman. “They just cite general sections of the contract. It doesn?t say in terms of a punch list of things that need to be done to make the rink compliant. As the representative of the rink operators, I can?t address any specific problem or complaints unless I know what it is and I don?t have that information.”In a letter to the DCR from town attorney Ira Zaleznik from June 29, Zaleznik requests “a more precise statement of the work ?previously done, needed or agreed upon ??”On Tuesday, Crabtree said he?s still waiting to hear from the DCR.?You can see from the letter that we sent we?re trying to identify what was taken care of and what wasn?t because we don?t actually know,” said Crabtree. “But obviously there?s enough there to put us on notice for default. Myself and the Board of Selectmen have been dealing with an operator that hasn?t lived up to their obligations of the lease which has adversely affected the users of the rink as well as Saugus residents.”According to an email from former temporary Town Manager John Vasapolli from Feb. 1, some of the “code violations” found during the January inspection included exposed wiring hanging from the ceiling, broken water fountains and bathroom plumbing in need of repair.At the time, DCR spokesperson SJ Port said many of these issues had been taken care of.On Tuesday, Port said she couldn?t provide an update on what issues still remain by press time.Saugus has been in a long-running legal battle with Maniff and Curley over compliance issues. A Suffolk Superior Court Judge ruled in favor of the Kasabuski Rink owners in February saying that the town of Saugus “wrongfully terminated” its lease with them.According to findings from Judge Geraldine S. Hines, the plaintiffs (Maniff and Curley) defaulted in certain obligations under their lease with the town, but ruled these defaults did not relate to “any material provisions of the lease.”Crabtree said Tuesday he?s still waiting to hear the decision on a motion for a “new trial and a reconsideration of findings.”?It?s unfortunate what we?ve had to incur in costs, and time and resources to deal with a tenant that we?ve had problems with within months of him taking over the lease,” said Crabtree. “Part of that is making the right decisions. Selectman Horlick asked every one of these questions at the time and had concerns with everything we?re experiencing now. Everything he raised was an issue and he was on the right track. Unfortunately we had to pay a cost on judgment decisions that in retrospect could have made better decisions.”Crabtree said he and the Board of Selectmen will “continue to fight for the residents of Saugus and the users” of Kasabuski Rink.Matt Tempesta can be reached at [email protected].