
Our Jan 30th update reported that the developer of 133 Essex (CHCP)
has proposed a ‘new’ plan for the land which includes affordable
housing units along with the other "market-rate" condos of its
original concept. Currently, the developer’s appeal of the Planning
Board’s unanimous denial of the original plan is STILL resting before
the court. With the introduction of affordable housing units to now be
included, the project- decision now shifts to the Hamilton Zoning
Board of Appeals (ZBA).
On April 3rd the ZBA held an open meeting for town residents to
attend. Our team was well represented. Areas of discussion concerned
major elements of the 40B approval process, associated legal
parameters and what and how the town will need to proceed to address
and fulfill their requirements under the 40B statute. Also discussed
briefly, and of great continuing interest to SCT&W, were the so-called
"Safe Harbor" provisions of the 40B process. These provisions, if
found applicable, would empower the ZBA to substantially delay or deny
this destructive and ill-conceived project.
The requirements and specifications of the 40B approval process are
rigorous. The Town's attorney provided a succinct and very informative
summary of its various elements. Furthermore, we
understand the Town’s attorney will be assisting the ZBA in working
through this complex process. In the overall meeting discussion, the
development of 133 Essex was not specifically addressed. No proposed
40B projects were. However, our representatives did offer comments on
elements of the 40B statute and related regulations which we believe
the ZBA should carefully consider and which, if applied would be
consistent with SCT&W goals.
In early May, the ZBA will start their decision process regarding 133
Essex and how it satisfies or falls short of 40B development
requirements. Our effort to Save Chebacco Trails & Watershed remains
nimble yet resolute. However long it takes, we assure you SCT&W will
continue to monitor and engage in this progression. We intend to
continue our efforts in preserving this critical watershed, wildlife
habitat and the surrounding community from years of destruction and
disruption.
We sincerely thank you for your continued support.