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Acton select board rescinds approvals for 45 Nagog Park after notice error; rehearing set for Nov. 17
Summary
The Acton Select Board voted to rescind three prior approvals for a Marcus Lewis Tennis Center project at 45 Nagog Park after staff found a clerical error in abutter notification that omitted adjoining parcels. The board issued a stop‑work order and scheduled a new public hearing for Nov. 17 to re-advertise and reconsider approvals.
The Acton Select Board voted to rescind approvals tied to a proposed Marcus Lewis Tennis Center project at 45 Nagog Park after staff discovered a defect in the abutter notification process.
The board was told that, due to a clerical error, the radius used to notify abutters did not include an adjacent parcel (62 Nonset Path), which raised the number of omitted abutters from about 20 to more than 50. "Due to a clerical error, the range around the project was slightly modified and didn't get to the full extent of people that it should have reached," Select Board member John said during the presentation of staff findings.
Why it matters: Town planning procedures require notice to property owners within a specified distance of development proposals; failing to meet statutory notice requirements can void administrative approvals and limit the town’s ability to rely on earlier hearings. Staff said they had already issued a stop‑work order and recommended rescinding the Aug. 25 approvals so the project can be re‑advertised and reheard.
Public comment at the meeting came predominantly from residents of the Nagog Woods community. "We do support rescindment and hope the stop work order goes along with that," Liz Reinhardt, president of the Nagog Woods Community Corporation, told the board, and she asked the town to consider a site visit so board members and staff could see construction impacts firsthand. Other residents raised concerns about tree removal, emergency access roads, and how notice was delivered to the homeowner association.
Some neighbours asked the board to clarify whether the corporation’s mailing practices could have affected receipt of the notices. Board staff said notices are mailed to owners and that the town would follow up on the question of how the association distributes mail to its unit owners.
The board voted in favor of rescinding the earlier decisions and set a new public hearing on the matter for Nov. 17 in the Francis Faulkner Hearing Room. Staff reiterated that the Nov. 17 proceeding will be a full site plan hearing and that substantive testimony should be submitted then if residents want it considered.
Actions taken: The board rescinded the three approvals listed on the agenda, affirmed the stop‑work order, and directed staff to re‑advertise and schedule the rehearing. The town encouraged residents to submit written comments and attend the Nov. 17 hearing.
