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Planning board supports modification to One Depot Street open-space requirement, waiving permanent conservation restriction
Summary
The Planning Board voted to support an applicant modification for One Depot Street that retains designated open space but eliminates a permanent conservation restriction; the Conservation Commission had recommended maintaining a restriction and offered to hold it.
The Townsend Planning Board on June 22 voted to support a modification to the special-permit decision for the One Depot Street age-restricted development that would retain a designated open-space area but remove the requirement that the open space be placed under a permanent conservation restriction.
Chair Andrew Shepard opened the 6:45 p.m. public hearing on the application, which was filed as a modification to the board’s December 9, 2024 special-permit decision (zoning bylaw sections 145-54.1 and 145-42). The legal notice in the record identifies Kevin Smith and an applicant identified as Kenneth as the parties seeking the modification; the application materials and plans cite a designated open-space area described in the record.
Conservation Commission vice chair Mike Potand told the board that “the ConCom believes there should be a conservation restriction which should have been created upon the inspection of the project” and said the commission would agree to hold the restriction if the parties mutually accept specific terms. The Commission on Disability asked the board to ensure any retained open space include accessible walkways conforming to 521 CMR 20.00 so mobility-impaired residents can use the area.
A neighbor asked clarifying questions about the state’s role in enforcing permanent conservation restrictions; members noted that state review and recording steps apply to certain permanent restrictions and that small open areas can complicate state-level acceptance. Board members reported a stormwater inspection and certificate of completion from the conservation agent and said evidence and photos are on file.
After discussion the board voted in favor of the applicants’ requested modification. The transcript records a board member moving that the board “support the applicants request for modification” and a second; roll-call votes were recorded in favor, and the chair closed the public hearing. The mover and seconder are not identified in the meeting record.
Next steps: the board approved the modification at the June 22 meeting; the public record should be updated with the board’s decision and any required recording steps for the modified decision.
