Zoning appeal over site plan resolved after applicants submit amended landscaping and stormwater plans

The Sudbury Zoning Board of Appeals on April 7 accepted a joint request from the parties in an appeal by Connie Stewart to update site-plan and stormwater approvals with revised landscaping and stormwater-control details.

Board Chair Frank Reap said the board had expected to use the continuance to try to reach a settlement and opened the hearing for party updates. Jonathan Silverstein, counsel for appellant Connie Stewart, told the board, “I am very pleased to report… we have reached a resolution,” saying the applicant’s engineer submitted revised landscape and site plans and the parties asked the board to modify the approvals to incorporate the new plans as the plans of record.

The agreement centers on additional screening and stormwater protections. Vito Colonna, an engineer with Cornerstone Engineering, described plan changes including extended berms to divert runoff, an emergency grassed overflow spillway for the detention basin, beefed-up erosion controls and detail drawings for construction. Landscape designer Nick Mashiani said the buffer planting would use native species and that conservation staff had been consulted.

Stephen Bookbinder, counsel for the applicant, characterized the negotiations as “very cordial” and said the changes largely concern screening and added erosion/stormwater protections.

Board members discussed two procedural routes: remanding the revised plans to the Planning Board for amendment of its decisions, or the ZBA’s modifying the approvals in the appeal decision. Chair Reap said he favored returning decisions to the Planning Board for deference to its expertise but—because the parties sought an expedited result—agreed the ZBA could incorporate the revised plans into the appeal decision if the parties prepared written language. The applicant’s counsel and appellant agreed to prepare and submit draft decision language promptly. Jonathan Silverstein told the board the parties would submit the revised language within 48 hours.

By roll call the board voted unanimously to authorize the chair to sign a decision amending the two approvals to reflect the revised plans of record and to accept a withdrawal of the appeal once the written language is finalized and parties sign off. The board declined to specify other conditions beyond the updated plans; enforcement and construction detail will proceed under the permitting process.

The board closed the hearing on the appeal after making the authorization vote.