DEVELOPER RETURNS TO HAMILTON PROPOSING A NEW AND LARGER PLAN FOR LAND AT 133 ESSEX

Public Meeting-Town of Hamilton Select Board, November 1, 2023

CHEBACCO HILL CAPITAL PARTNERS, LLC (CHCP) has submitted a Project Eligibility Letter (PEL) to the State kicking off the approval process for a 40B development at 133 Essex. The letter appears to meet all the preliminary requirements for approval. If this initial approval occurs, which appears likely to the Town's attorney, this should happen around the end of the year.

The Town of Hamilton has until November 20, 2023 to submit comments back to the state on the initial application, The Select Board will issue these comments after soliciting comments from all relevant Town boards and departments including Planning Board, Conservation Commission, etc. COMMENTS FROM THE PUBLIC CAN ALSO BE SUBMITTED AT THAT TIME.

Following initial state approval, the project heads back to the Hamilton Zoning Board of Appeals (NOT the Planning Board) for detailed review (i.e., the ZBA “steps into the shoes” of other Town agencies).  The ZBA is not bound in its considerations by local rules and regulations, but it must comply with state regulations.  In other words, the ZBA can grant waivers from local regulations (like local zoning) at the request of the applicant. (Note: Any conditions which the ZBA may choose to impose on the development must be “consistent with local needs” (i.e., reasonable) when compared to the need for affordable housing. Regulations state that there is a “strong” presumption that affordable housing needs will outweigh local rules and regulations, but “health and safety of the occupants…or residents of the municipality, the natural environment” and some other areas are identified as possible local needs which may apply. In other words, grounds to oppose the development have got to be good!

All the parties involved recognized the similarity between this project and the former. There is a recognition that some previous filings may need to be updated in the new application like perhaps wetland delineation, traffic study, maybe septic Title V, and others. Impact from the existing appeal of the Planning Board unanimous denial is up in the air. Depending on the direction it takes, this may introduce required delays in the processing of this application for a period of 12 months. CHCP has a new attorney and the ZBA review meetings will be public and therefore open to participation and comments.

The Select Board is aware of the previous PB rejection of the project.  They are highly interested in careful review of information presented in the first proposal and indicated a desire to carefully review PB deliberations in detail.  The Planning Board is on top of this, will supply commentary and specifically identified storm water, traffic, blasting and noise as important considerations.  There was suspicion from some Select Board Members and others on the call that this new effort was a ‘wolf in sheep’s clothing.’

There are hard deadlines for review in the regulations, but these can be extended through agreement of the parties. Note: many months long deliberations of projects of this type are not unusual. The applicant controls this to a certain extent as they must agree to any requested extension.

This is a critical time in our efforts to save this land from development. The future of this pristine land is in the balance---more now than ever.

The SCT&W Team