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Planning staff recommends limiting Beaverbrook declaration to lands in Boxborough; board to consider motion next meeting
Summary
Planner Alec told the board a minor modification and legal interpretation could be used to limit a previously approved declaration of restriction to only the portions of land physically located inside Boxborough (about 0.18 acres lie in Harvard). Staff will consult counsel and Harvard conservation staff and return a draft motion at the next meeting.
Town planning staff updated the Boxborough Planning Board on May 11 about work to finalize a declaration of restriction related to a major permit that spans town lines. Alec said part of the land proposed for restriction is physically in Harvard (about 0.18 acres), which complicates holding the whole restriction under Boxborough conservation authority.
Staff recommended interpreting the condition in the existing decision to apply only to the portion of land physically within Boxborough’s boundaries. Alec said the declaration of restriction is moving and that the full conservation‑restriction instrument and state approvals will take many months; the minor modification granted earlier extended the deadline to file the interim declaration while stakeholders work through inter‑town ownership and co‑holding with SVT.
Board members asked whether the change requires a map exhibit or a minor modification tied to the site‑plan decision and whether the applicant could be asked to include covenants or commitments in a future minor modification. Multiple members supported creating a revised exhibit to tie the approved decision to clearly delineated boundaries in Boxborough and requested staff follow up with Harvard’s conservation agent and town counsel. Alec said he would have a draft motion or minor modification to present at the board’s next meeting.
