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Acton Select Board rescinds approvals for 45 Nagog Park after notice error; stop-work order in place
Summary
The Select Board voted to rescind permits for the Marcus Lewis/45 Nagog Park project after officials discovered a clerical error in abutter notification that omitted adjacent parcels; a stop-work order has been issued and a new public hearing is scheduled for Nov. 17.
The Acton Select Board on Oct. 20 voted to rescind earlier approvals for the proposed Marcus Lewis tennis/pickleball facility at 45 Nagog Park after town staff discovered a defect in the mailed abutter notice.
Town staff told the board the notice radius calculation for required 300-foot notifications omitted an adjacent parcel owned by the church, leaving dozens of households that should have received notice unnotified. Town staff said a stop-work order was issued last week and recommended rescinding the board’s Aug. 25 approvals, re-advertising, and reconducting the public hearing. The board voted in favor of rescission.
Residents from the Nagog Woods community urged the board to conduct a site visit and to examine tree removals and compliance with permit conditions. Liz Reinhart, president of the Nagog Woods Community Corporation, thanked the board for the stop-work order and said the village filed a letter from its attorney describing notice concerns. One resident, Leon Mintz, defended the developer and warned that stopping work now would leave an unfinished site through the winter.
Board members said the correct remedy under state notice rules was to rescind and reconduct the hearing so all required abutters are included. The board directed staff to schedule the rehearing for Nov. 17 in the same room and confirmed the stop-work order remains in effect until the record is remediated and notice reissued.
Next steps: the board will hold the reh earing on Nov. 17; staff will re-issue the abutter notices to the full 300-foot radius and follow up on requests from the Nagog Woods association for a town site visit and compliance checks. Any substantive written or oral testimony provided at the Nov. 17 hearing will be part of the new record for the board’s decision.
