by Frank Schroth

The Board of Selectmen did not take an explicit position on the development of Milton Mews, a proposed 40B complex of ~270 apartments on Brush Hill Road; but they did review and discuss a series of concerns regarding the development to be included in a letter to MassHousing. The letter, drafted by Town Planner Bill Clark and Town Counsel John Flynn, needs to be filed by June 10th, the closing date of the comment period.

Concerns identified in the letter included but were not limited to:

• Increased traffic congestion created by the development. There has been no traffic study the letter notes and hence “no way of knowing if the proposed development is appropriate for the site .  .  . or what mitigation measures will be required.”
• Disputing a claim by developer that the project is “‘favorable to increased bike and ped(estrian) access.’ It is not . . .There are no bike lanes or paths along a very busy commuting corridor.”
• A number of environmental concerns, notably that the development is within the boundaries of the Fowl Meadow/Ponkapoag Bog Area of Critical Environmental Concern and that the plan does not address what the impacts of these buildings will be on habitat, streams, and wetlands.
• A contention that the design does not comply with the Massachusetts 40B design handbook.

However, there were  a number of items struck from the draft and Ms. Denny Swenson, a resident of Hemenway Drive, argued they should be reinserted. Ms. Swenson and Deborah Felton, Executive Director of Fuller Village, among others, met with MassHousing to discuss the development and Ms Swenson said that MassHousing officials recommended including more rather than less detail.

Counsel John Flynn was of a slightly different opinion. He said that some of the items were more appropriate for the Comprehensive permit phase of the process. Another concern he had was with the phrasing and wording of some of the concerns. He noted that 40B is often referred to as the “anti-snob” legislation and that there was a reason for that. While he repeatedly agreed to put back in anything the selectmen requested, he advised against any explicit references to zoning as that is what the statute is about. “Their (MassHousing) reaction may be ‘So what?'” he said, pointing out that a 300 unit residential complex is across the street (i.e. Fuller Village). Why one and not another he posited rhetorically. 40B allows developers to get relief from local zoning. “To the extent we focus on zoning, I think it is a non-starter,” said Flynn. What MassHousing will need to determine is whether the site is eligible in light of the traffic, environmental, and other concerns.

Ms. Swenson itemized the issues she felt should be included. One of them being the presence of up to three archeological dig sites within 1/2 a mile of the development and the historical character of the area. Another was the issue of snow removal and storm water management. Mr. Flynn agreed. Katie Conlon asked if the Historical Commission had weighed in. She also advocated for inclusion of an “archeological section” and asked if they should get input from the Conservation Commission and include photos of the stream. There is some question if in fact it is a stream – if it is then construction that interferes with it will be problematic.

Win Swenson also spoke during the Citizen Speak portion of the agenda. At a previous session he had voiced his concerns with the developer, Mill Creek, and their lack of policy regarding compliance   with ethical best practices and their track record of questionable practices. Mill Creek is an offshoot of Trammel Crowe, a large real estate development firm. Mr. Swenson noted that a couple of the principals of Trammel Crowe were involved in the development of the Swift Boat ads that were targeted at Senator Kerry in his run for President. Swenson mentioned these not in terms of their political position but as a reflection of the types of aggressive tactics that are employed. Mr. Swenson has authored a white paper critical of Mill Creek’s lack of corporate governance policies. At the the most recent session he asked that the Selectmen include in the comment letter an item asking MassHousing perform their own due diligence regarding whether Mill Creek has appropriate management process in place for overseeing best practices and compliance.

The Selectmen asked Flynn and Clark to prepare another draft that re-inserts some of details Ms. Swenson recommended. There will be a site walk of the property on June 1 at 10:00. Ms Conlon will be there and Ms. Felton invited any interested residents to join them. There is parking at 1372 Brush Hill Road.