The Planning Board took a vote recently on the special permit application for an Open Space development on Hillside Street. They denied the permit in a 2-2 vote. It was an interesting vote.
It was interesting for two reasons. First, Mr. Whiteside recused himself from the hearing on the property as he lives in the neighborhood. However, while he vacated his chairman’s seat, he did not leave the table entirely. He appeared before the board as a citizen and argued against the permit. Former Selectman, Marion McEttrick was representing the developer. Prior to the vote, Ms. McEttrick reviewed her reasons for seeking the permit and why it qualified under the open space bylaw. She noted that the developer owned the driveway that gave access to his property, that access via driveway was preferable to coming in off Ford Ranch Road which would have significant environmental impacts and which the DOE might deny due to alternative access. She noted further that in developing the property the developer would improve the driveway with lights and hydrants. She argued that the area would be safer than it is today and the proposal for 2 or 3 lots would preserve the character of the area and was an excellent plan under the open spce bylaw (the entire property is ~15 acres).
The neighbors have been opposed to the development. Some have argued that the access should be through Ford Ranch Road. At one point member Lynch asked for a show of hands of people supporting the permit. The majority did not. This became the basis of his vote.
After a motion was made and passed Ms. Innes reviewed the conditions of the permit. However, during that discussion it became clear that there was not support for the permit given Mr. Lynch’s position (“I have known for weeks how I am going to vote.”) Mr. Duffy and Ms. Innes sought to get some guidance for the applicant regarding modifications that might be made and asked the applicant if they would like to withdraw the application. Ms. McEttick asked for a vote. And a vote was made. Mr. Lynch voted against the permit because “there is not a public good . . . because the people raised their hands. . . 35 people have raised their hands. . . these people have spoken.” His approach of asking for a show of hands is not one he used prior to the Hendries vote.
Mr. Kelly also voted against the permit but did not give a reason. Ms. Innes and Mr. Duffy voted for the permit. Residents present applauded the result. It is possible that this decision could follow the trajectory of another permit that was denied on Hillside. The Bosworth property failed to obtain a permit. They appealed that decision. The land court overturned the planning board’s decision.
Hendries
When a special permit is denied the developer must wait two years before reapplying unless:
- they return to the planning board with a substantially different plan or
- the planning board takes a vote that passes (requires 4 of 5 votes) to revisit the permit application
Please see MA Chapter 40A section 16 for full text.
Given statements by Chair Whiteside at the recent town meeting and discussion at the most recent Planning Board meeting; this is a possible scenario. There is a demolition order for the building. Connelly Construction is appealing the order. The town has requested that MBTA structural engineers be granted access to the building. That access has not yet been granted by Connelly construction. The town is moving forward with taking down their portion of the building. Contrary to prior statements, Connelly Construction has not denied the town access to their (Connelly’s) property for use of equipment in that demolition.