Planning Board approves Turtle Creek project

A controversial housing subdivision off Village Gate Road and Wayside Lane that faced years of opposition from abutters, town meeting voters, and various town officials finally received a green light from the Planning Board last week as members unanimously approved a special permit for a flexible development plan — albeit with a boatload of conditions.

The approval comes seven months after the Planning Board deadlocked on the proposal, referred to in documents as Turtle Creek, with board members Kristin Mirliani and Gary Vinciguerra citing concerns over access to Village Gate Road, which is not a public way, as well as concerns over the amount of usable open space that the project would allow as required in the applicable bylaw.

The developer, Canton’s Pat Considine, decided to appeal the decision in land court, and it was later remanded back to the Planning Board for additional consideration.

Under the terms of the new agreement, Considine would be permitted to build 28 single-family homes over three phases, with the subdivision being accessed initially via Wayside Lane (off York Street) and eventually via Village Gate Road, pending various road improvements that Considine has agreed to.

Specifically, the developer has agreed to perform improvements that would bring the entire length of Village Gate Road into compliance with local standards, with the ultimate goal of presenting the road at town meeting for acceptance as a public way.

Considine has also agreed to construct an emergency access gate at the end of the road that would remain in place for three years or until the road is accepted as a public way, whichever occurs first.

While the two sides appeared to be in agreement on most of the key issues, abutters on both of the affected roads continued to express their displeasure with the project, including two residents of Village Gate Road, Charlie Cox and Arthur Richman, who challenged Considine’s legal right to access their street, particularly the unpaved portion abutting the developer’s property.

However, Kim Saillant, an attorney for the town counsel’s office, reiterated town counsel’s previous finding that Considine has in fact established access to Village Gate Road and has “prescriptive rights” due to “use by the public and maintenance by the town for over 20 years.”

Earlier in the evening, a letter signed by seven abutters on Wayside Lane was read into the record, which stated that they “formally and respectfully object” to a gate being constructed at the end of Village Gate Road as it would “condemn Wayside Lane exclusively to many years of construction vehicles accessing the Turtle Creek development.” The residents also stated that they were “concerned about the loss of quiet enjoyment in [their] neighborhood.”

Although unable to satisfy all of the neighbors’ concerns, Planning Board members did assure them that they would enforce all conditions of the project, including a condition that prohibited the developer from accessing Route 138 via Turtle Creek, both now and in the future.

In addition, as part of the “flex plan” proposal initially suggested by the Conservation Commission, Considine has agreed to convey to ConCom over 30 acres of open space, the bulk of which is wetlands. He has also set aside additional “usable” open space to be used by the residents for walking trails and other passive recreational activities.

Considine further agreed to convey a small parcel of land to the Historical Commission that would guarantee protection of Balancing Rock (also known as Indian Rock) — a geological and historical treasure at the end of Village Gate Road that is believed to be part of a sacred site predating the arrival of Europeans in New England.

He has also proposed a crushed-stone path on the Turtle Creek side that would lead into Balancing Rock, thus providing easier access for those wishing to visit the site.

Now that a special permit has been granted, the next step is for the developer and the Planning Board to finalize the terms of the conditions, followed by a 20-day public appeal period, which is standard in cases such as these.

The actual transfer of land to the town would require approval at annual town meeting, although Considine indicated at the hearing that he would like to break ground within the next few months — perhaps as early as January or February if all goes according to plan.

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Posted by Jay Turner on Dec 14 2011. Filed under News, Town Government. Both comments and pings are currently closed.