Controversy re-emerges over Hamilton housing plan

Apr. 16—HAMILTON — A proposed 50-unit development targeting affluent empty-nesters off Chebacco Road is drawing criticism from some residents, who say it will create too severe an impact on the environment, take away popular walking trails, and do nothing to meet the town's need for affordable housing.

Larry Smith, who developed Canter Brook Farm and has built similar developments in Amesbury and Gloucester, wants to build the project, for people who are 55 years old or older, on part of a 66-acre parcel owned by Cathie Rich-Duval.

The project would consist of 32 structures, containing 50 duplex-style and single-family homes off Chebacco Road, with a starting asking price of around $800,000, according to preliminary materials submitted to the town's Planning Department.

Planning Board members received a preliminary presentation of the proposal, which has not been formally filed with the town of Hamilton, last week. The board would have to approve a special permit for the project if it goes forward.

The proposal is the latest development in a skirmish over access to trails that have existed on the property for decades. The trails, which connect Chebacco Road and the Chebacco Woods, are privately owned by Rich-Duval's family.

There were some discussions about acquiring the land as open space two years ago, after the property owners put up concrete barriers at what had long been considered a trail head and asked the town to destroy any maps showing trails on the property. But an attorney for the owner said those talks did not come to fruition.

Opponents of the proposal, who have formed a group called "Save Chebacco Trails and Watershed," say that those trails now exist by right after decades of use without any objection from the owners.

They have other concerns. Kent Wosepka, who lives on Chebacco Road, said more than 600 people had signed an online petition, and nearly 200 people had donated to the ad hoc group.

Wosepka said that the proposal is "inconsistent" with the intent of the town's senior housing bylaw and is "exploiting" a cluster zoning bylaw.

Not only does the project preclude any affordable housing, he said, but it would be cost-prohibitive to middle-income buyers as well.

He and others also said that the area to be developed is close to wells he and others in the neighborhood rely on, and does not believe there is any guarantee that an estimated 3 million gallons of wastewater and runoff generated each year will not affect groundwater.

Other opponents of the development suggested that the plan will have a detrimental effect on wildlife. Heather Ensworth told the board that the area is a "rare and critical conservation area," home to a variety of species and vegetation that will be endangered.

Ani Sarkisian, another opponent, said "habitat fragmentation" through removing wooded areas could create a higher risk of Lyme disease carried by mice.

Rich-Duval told the board during the April 6 session that her parents, who bought the land more than 60 years ago, always wanted to build an assisted living facility or senior housing, and that the project will honor that.

But she also addressed the controversy, stressing that the parcel was "our land, our private property."

Her attorney, Marshall Handly, told the board, "There's no easement and this is private property," Handly told the board, describing what he called ongoing trespassing, illegal bridging of wetlands and damage.

Under the proposal, the owners of Meadowbrook Farm would receive a 99-year lease.

The plan would also create an official walking path through the property with six parking spaces, said Mann.

Board members had several questions, including plans for wastewater management, the extent to which blasting would be needed to remove ledge for construction, and specifically why the plan does not include affordable units.

Mann described a septic system and leaching field near the back of the property. The project would also require some blasting, which the developer said would be minimized to the extent possible.

As for affordable units, Mann told the board that state housing policy does not allow age restrictions in affordable housing.

The developer would pay the town's affordable housing trust $1.5 million in lieu of creating affordable housing, and an additional $350,000 to the town. The project would generate an estimated $735,000 in property tax revenue each year.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.