Developer of Hamilton project accused of 'piecemealing' process

Jun. 25—HAMILTON — Opponents of a proposed 50-unit townhouse-style condominium development in an area known as Chebacco Woods are accusing the developer of trying to "piecemeal" approvals for the project while hiding its true scale, an accusation the developer's attorney rejected during a hearing Wednesday night.

The over-55 development, which would target affluent empty nesters, is planned for a parcel of land off Essex Street currently owned by Cathy Rich-Duval.

But hundreds of local residents, many of whom have formed a group called Save Chebacco Trails and Watershed, are objecting to the proposal, saying the 66-acre parcel, which is privately owned, has become a de facto public resource for walking and hiking trails, as well as a critical part of the watershed.

Residents overwhelmed the online capacity of a virtual Conservation Commission meeting on Wednesday night, where representatives of the developer were seeking three separate determinations of applicability for preliminary work on the site, saying they do not believe that the work proposed falls under wetlands restrictions.

One request concerns a plan to temporarily place metal plates over a stream so that trucks can use the full length of what the developer calls a "wood road" and critics say is at best a walking path.

Another request would allow a company to drill horizontally underneath wetlands to install a sewage pipe to carry wastewater. The third is a request to extend a water main.

Deborah Eliason, an attorney representing the opponents, told the commissioners that the "piecemeal" presentation of small aspects of the project leaves commission members with no way to assess the full impact of the project, and suggested that was intentional.

Eliason also argued to the board that the use of the "determination of applicability" process instead of a formal "notice of intent" for the entire project will hinder future oversight of any wetlands impact.

Jill Mann, the attorney for developer Larry Smith, said the reason they have not filed a notice of intent for the project is because they believe the work they're proposing has no impact to the wetlands on the property.

Mann said the developers have intentionally sought to stay out of the wetlands areas on the site, sometimes at significant additional expense. "We're trying to maintain the pristine nature of the wetlands," Mann told the commissioners.

The start of the meeting was delayed by nearly 45 minutes as hundreds of people, including commission members, competed for the 100 available slots in the Zoom session.

The meeting could not start until at least four members were able to sign in.

But once they were in, and after some preliminary matters, board members themselves asked for additional information on things like soil conditions and distances to bordering vegetated wetlands.

They also discussed taking a site visit. And they acknowledged that many members of the public who were unable to get into the hearing might want to be heard. Ultimately they continued all three requests until the next meeting, on July 14.

The site walk will be scheduled sometime during the next two weeks.

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