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Select Board continues Kelly's Corner special permit for Open Door Education to Feb. 3 amid water-connection concerns

2172672 · January 28, 2025
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Summary

The Select Board continued a public hearing on a use special permit for Open Door Education at 268 Main Street (Kelly's Corner) to Feb. 3, after discussion about parking arrangements and a water-connection issue that neighbors said must be resolved before the business opens.

Travis Minor, representing Open Door Education, asked the Select Board to complete a continued public hearing for a use special permit to open an auxiliary office at 268 Main Street in the Kelly's Corner development. The board heard updates from its liaison and staff about parking and a disputed water connection with the neighboring condominium.

Why it matters: The application would permit a second Open Door Education office in Acton. Neighbors raised concerns that the unit may not have a separate water hookup and that the condominium association has been billed for water usage the business might be incurring. Board members said that resolving the water hookup was a priority because it affects neighbors' costs and enforcement clarity.

What was said: Select Board member David, the project liaison, confirmed the applicant had secured additional remote parking at the Bolivarum to meet zoning parking minimums allowed by Kelly's Corner rules. David and other board members described two options to address the water issue: condition permit approval on obtaining a separate meter within six months, or make meter installation a condition that must be satisfied prior to opening.

Planning staff and town counsel recommended the six-month condition to account for construction scheduling and potential delays caused by ongoing work at Kelly's Corner. Several board members said they preferred a pre-opening meter requirement to provide neighbors certainty and an enforcement mechanism. The applicant said he and the seller are working to resolve the water hookup and that a planned closing date is Feb. 10 but might slip.

Outcome: The board voted to continue the public hearing to 7:20 p.m. on Feb. 3 and asked the applicant to return with written updates from the property owner and the water district showing the timing for meter installation or an agreed contract schedule for the work.

Next steps and conditions discussed: Board members said they would consider conditioning any permit on either (a) an executed contract showing meter installation start date and completion within a short timeframe, or (b) certification from the water district showing independent water service is installed prior to business opening. The applicant agreed to contact the current owner and the water district and to provide any documentation to planning staff ahead of the Feb. 3 hearing.