LETTER: Who Are The Wilmington Board Of Appeals Listening To Regarding Nichols St. 40B Proposal?

Dear Editor,

The recent decision by the Board of Appeal in regard to the proposed 79 Nichols St. 40b development is not to hear public testimony at their upcoming March 6,2024 meeting and their consideration of approving the project with incomplete plans raise questions about who they are prioritizing. Concerns from residents, officials, and various departments seem to be overlooked, leading to uncertainties about the board’s stance on the development. The potential impact on the town, including issues related to infrastructure, traffic, and public safety, should be carefully considered.

Since April of 2023, the Board of Appeal has allowed the public to voice their opinions when hearings weren’t postponed and continued due to incomplete plans, as has happened multiple times. However, according to the published March 7, 2024 meeting agenda, the Board of Appeal has decided not to hear any public testimony at this meeting. Instead, they will hold an open discussion between the board and the developer’s team relative to a draft decision and proposed conditions.

The board has claimed that “their hands are tied” regarding approving this 40b building permit. However, as a former select board member at the February 21, 2024 meeting pointed out , “they (the board of appeals) have the ammunition to fight the state on this 40b development,” alluding to the “non-viability” of the sewer connection outside of the sewer district as presented by the Director of The Department of Public Works.

The Board of Appeals continues to delay what appears to be their ultimate decision. Will it be in favor of this development without a fight? Is the board choosing to ignore neighbors, residents, town committee members, current select board members, a former select board member, our state Representative, the Department of Public Works Director, a town consultant, and concerns from public safety departments?

This development does have the ability to use an on-site septic system that would fit in this area, thus reducing the density of this project and addressing some of the public concerns. At the February 21, 2024 meeting, there was a suggestion by the Board to approve the project and work on its viability as they go along building it. What is the point of having the public, town officers, and elected officials voice their opposition to this board when their apparent concern is to appease the developer and the incomplete plans?

Don’t be fooled; this is not affordable housing and does not address the housing issues we face as a town. The average Wilmington resident will be astonished at what these houses will be sold for, including the two supposed affordable units. The developers claim they won’t make a maximum profit, and they will use the 40b law to circumvent any zoning laws or regulations, building the maximum 12 homes in 1.5 acres of wetlands with the intent of forcing the town to just accept it. Will this set a precedent for future development of undersized, lots outside of zoning regulations?

Again this property is outside the sewer district and yet has the available area for septic, and as such, should be voted down by this Board. If passed, there is a high probability that the town will eventually have to accept the burden of repair and maintenance of this non-viable sewer connection in the future. This would be yet another unaccepted street, and the town will likely be liable for the issues of stormwater management, standing water, traffic, the danger of lack of accessibility for emergency vehicles, trash removal, and snow removal. These concerns have been raised by the many opponents to this project to this Appeals board, but who is this Board listening to?

Robert Warren
Wilmington