by Frank Schroth

Last month the Planning Board granted an ANR request to develop a property on Hillside Street. The developer,Todd Hamilton, was represented before the board by attorney Marion McEttrick. Another attorney, Mark Brobowski, said at the March 14th session of the planning board that he would appeal should the the ANR be granted (see related post here). He has.

He filed suit on behalf of James and Kathleen Corliss on May 6th against the Milton Planning Board and John Fandry and Todd Hamilton. Mr. Fandry and Mr. Hamilton are the owners and developers. The key issue is access to the property. The property has frontage on Ford Ranch Road but the access will be off of a driveway on Hillside. It is owned by Mr. Fandry but not currently used by him. It is used by the Corliss family. And it is used by the McDonough family. They have easements. The McDonoughs are also appealing the decision. They are represented by attorney John McArdle who filed a suit in late April regarding the granting of the ANR (ANR – approval not required).

These are just the most recent suits. Todd Hamilton who is named in the above suits is also the plaintiff in a suit. He is appealing the denial of an open space permit he had applied for from the Planning Board. This property is in the same vicinity, all 15 acres of it and the same driveway is at the heart of the issue. (see related post here.)

Believe it or not . . . there’s more. Mr. Brobowski also filed a “motion to intervene” regarding the appeal of the denial of the open space. Among the grounds for the motion are “reasons to fear that the town of Milton . . . will not defend the denial of the special permit.” The assumption here is that the town would not defend Hamilton’s appeal because they do not believe they can win. The status of this appeal and the Town’s decision to defend is not known. The matter of the appeal has only been discussed in executive session.

Meanwhile yet another property owner, Esther Jepson, is appealing an enforcement order by the Building Commissioner. This appeal is before the Milton Zoning Board of Appeals which they will hear on May 29th. The order was issued as a result of building a structure without required permitting.