Groton Open Space Association

Zoning Conditionally Approves Mystic Woods; Vote Split

GROTON — The Zoning Commission by a split 3-2 vote gave conditional approval Dec. 5, 2007, to the Mystic Woods Active Senior Housing project on Fort Hill.

The approval at the commission’s regular meeting included a condition that the development’s proposed motor vehicle exit onto Route 1 be restricted to emergency use.

The public hearing on the application had ended Nov. 7.

The second condition comprised new 100-foot setbacks from existing neighborhoods. These setbacks were drawn on a map during the meeting by commission member Richard Haviland but not shown to members of the public attending the commission’s deliberations.

It was not clear immediately whether and to what extent these setbacks would affect the number of units in the development, which had stood at 201. Harry Heller, attorney for Hawthorne Development Partners of Woburn, MA, had told the Nov. 7 hearing that the development had agreed to widened separation of the new housing complex from the two closest existing neighborhood houses.

Mr. Haviland originally had urged that the developer scale the project back to around 160 units but withdrew his suggestion in favor of larger buffers after Matthew Davis, town planning manager, indicated that a numerical limitation could be interpreted as “arbitrary.”

Chairman Stephen Hudecek heatedly contended that Mr. Haviland’s hastily drawn new setbacks on a map amounted to impermissible “re-engineering of [the] project on the fly.” He said, “We have no idea what the project will look like after the change.” He told Michael J. Murphy, director of the Office of Planning and Development Services, that Mr. Murphy had advised in the past against such wholesale changes to applications.

Mr. Murphy insisted that conditions of this type were permissible in a special permit process, such as is involved with Mystic Woods.

Mr. Hudecek said he felt the planned development would have negative effects on traffic, the environment and existing neighborhoods–the three key points to be considered when commissions weigh applications for a special permit.

Voting for the conditional approval were commission members Robert O’Neill, Douglas Brandt and Mr. Haviland. Voting against were Mr. Hudecek and Mariellen French. Ms. French had expressed reservations about project’s scale and its impact on the Long Island Sound and traffic on Flanders Road. She also said she didn’t feel comfortable about the type of change in the application being made by the commission.

Prior to the closure of the session, Mr. Hudecek said the action of the commission was “way different from anything we’ve ever done.” He expressed disappointment not only with the evening’s proceedings but also with the town’s staff work on the Active Senior Housing amendment, adopted in 2005, “which allowed these things in the first place.” The ASH amendment was adopted without a buildable land definition.

A buildable land definition, long advocated without result by GOSA, would permit cluster housing, such as ASH, but would have the effect of limiting numbers of units in them by discounting unbuildable acres from the computation of permitted dwellings.

Mr. Murphy countered Mr. Hudecek’s criticism by saying, “They’re good regulations. Things change. They don’t stay stagnant.”

Earlier in the discussion, members Brandt, O’Neill and Haviland all had expressed unease about the size of the project — more than 70 buildings — and its traffic impact, though members Brandt and Haviland did not show concern about environmental damage. Town staff contended that possible adverse traffic impacts on Fort Hill would be taken care of by limiting the Route 1 exit to emergency-only use. Mr. Murphy said that a reduction in the number of units in the development wouldn’t have a significant impact on traffic. Mr. Murphy also dismissed the size issue by saying that the developer had met the density standards laid down by the town.

The reservations of members Brandt, O’Neill and Haviland about size and harmony of the project with the existing neighborhood disappeared quickly after Mr. Haviland made his setback adjustments, though the changes’ impact seemed far from clear.

Mr. Murphy has made it known that he feels that the project would conserve open space much better than would single family housing. The project also would result in extension of a sewer line to Flanders Road, laying the groundwork for additional development along that road.