Stenbeck Place Preservation (SPP) is an organized group of residents in the town of Scituate, MA. We support affordable housing in our town. We oppose applications of developers for a comprehensive permit using Massachusetts General Law 40B Anti-Snob Zoning Law to bypass/dismiss local zoning regulations. The primary objective of the group is to preserve homes, property and financial resources threatened by a proposed development at the top of a hill and directly in the middle of surrounding homes at Stenbeck Place, Hazel Ave., Sycamore Rd., Brook St. and Tilden Rd. Our secondary objective is to support affordable housing with inclusionary zoning and most importantly, the proviso that Scituate residents be offered first refusal of all affordable units.
Louis Chin
Noteable Quotes:
"Hynes (State Representative Frank Hynes) said the Walden Woods proposed development is a prime example of why his amendment to Chapter 40B is necessary."
State Senator Robert Hedlund: " It (Walden Woods) is one of the worst 40B's I've seen."
Links
An Abutter's View of 40B - Presentation to Romney 40B Task Force
(MS Powerpoint XP) - click read-only
An Abutter's View of 40B (Adobe Acrobat)
Boston Globe article on Task Force Meeting(Adobe Acrobat)
Appeals Court Decision June 2007
Conservation Commission Review of 40Bs
DEP Adjudicatory Hearing - SPP Request - March 11, 2004
E-Mail links to write your State Government
Horsley & Witten
(SPP's Engineers)Website
Horsley &
Witten - Walden Woods Hydrology Review
Housing Appeals Committee Procedure Changes - April 2004
Housing Appeals Committee Procedure & Schedule Proposal - April 2004
Inclusionary Zoning
Barnstable Amnesty Program
Barnstable IZ fee declared illegal
Massachusetts Inclusionary Zoning
Washington, DC Inclusionary Zoning
Land Court Denies Developer's Motion to Dismiss -
Based on HAC Decision forming a New Comprehensive Permit
Land Court Denies Developer's Motion for
Summary Judgement to Dismiss Stormwater Concerns
Massachusetts Department of
Environmental Protection Stormwater Management Policy
This overrides 40B and states that Walden Woods cannot legally increase flooding offsite.
Please read the policy, Post-development Peak Discharge Rates
(Standard 2) in 2103ch.pdf.
1. "Stormwater management systems must be designed so that post-development peak discharge
rates do not exceed pre-development peak discharge rates."
2. "The 100-year 24-hour storm event must be evaluated to demonstrate that there will be no increased flooding impacts offsite."
3. "The topography of the site may require evaluation at more than one location (point of discharge)
if flow leaves the property in more than one direction."
4. "In addition, by placing limitations on the quantity of the discharge from any point sources, commissions and the
Department can ensure that stormwater generated from future developments cannot simply
be routed through existing drainage outfall pipes."
Massachusetts Department of
Environmental Protection Title 5 Rules and Regulations
Download Microsoft Word Viewer
Rep Frank Hynes 2003 Bills
SPP articles at Special Town Meeting
Scituate Board of Health (Nov 4, 2002)
Scituate Affordable Housing Plan, Supported by SPP, Planning Board, Bylaws Comm, and Housing Partnership
Scituate
Master Plan - Housing Study (2001)
Scituate
Master Plan - Open Space Report (2001)
Scituate
Meeting Notes - Housing
Scituate Planning Board Review of
Walden Woods (5/17/02)
Scituate Traffic Rules and Regulations
Review of Walden Woods (7/18/02)
Scituate Zoning, Charter, etc.
Witten Review suggestions for ZBAs (1)
Witten Review suggestions for ZBAs (2)
ZBA Decision & Conditions Jan 16, 2003
ZBA disregards deeded covenant, developer fills vernal pool
Milestones:
May 28, 2002, First ZBA Hearing, Walden Woods
June 25, 2002, Met with Representative Frank Hynes
July 16, 2002, Met with State Senator Hedlund
July 22, 2002, ZBA Hearing, Walden Woods
July 29, 2002, Duxbury & Marshfield Selectmen and Planning Boards met with
State Senator Hedlund and State Representative O'Brien to discuss 40B.
Duxbury to push for Inclusionary Zoning.
Aug. 1, 2002, Met with State Senate Candidate Ted LeClair
Aug 13, 2002, 40B Open Forum @ Selectmen's Meeting
Aug 21, 2002, Marshfield Summit Town Meeting on Affordable Housing.
Aug 29, 2002, ZBA Hearing Session for Walden Woods
Sept 10, 2002, Scituate Selectmen recommend Article 3 (Moratorium)
Sept 12, 2002, Scituate Advisory Board recommends Articles 3 & 4
Sept 23, 2002, Scituate Special Town Meeting approves petition for 40B moratorium and Affordable Housing Plan
Oct 15, 2002, ZBA Hearing for Walden Woods
Nov. 6, 2002, ZBA Hearing
Nov 21, 2002, WW - ZBA Hearing closed, Attorney Devin & ZBA extend decision due date
to January 17
Dec. 8, 2002, ZBA Hearing, discussion of Satuit Woods conditions
Jan 13, 2003, ZBA Approves project
Jan 16, 2003, Conditions filed
Feb 4, 2003, SPP files appeal to Land Court
Sept 9, 2003, Developer files Notice of Intent (NOI) with Scituate Conservation Commision
Oct 31, 2003, Land Court hears summary judgement arguments of developer & SPP,
Judge Lombardi orders first mediation meeting
Nov 21, 2003, Department of Environmental Protection issued Superceeding Determination confirming
Scituate Conservation Commission finding of significant and protected wetland.
Dec 16, 2003, Scituate Conservation Commission denies NOI
Jan. 9, 2004, Developer appeals to DEP
Mar 22, 2004, Developer requests Land Court to dismiss based on HAC Decision forming new Comprehensive Permit
Apr 13, 2004, Land Court denies move to dismiss, no notice of HAC decision, decision never filed
Apr 29, 2004, Request to DALA for Adjudicatory Hearing on Superceeding order of Conditions
Aug. 4, 2004, Developer moves to dismiss adjudicatory hearing request to DALA
Nov. , 2004, Developer settles with Scituate Conservation Commission
Jan 20, 2005, DEP approves settlement agreement between developer and Scituate Conservation Commission
Mar 30, 2005, DALA denies Developer request to dismiss
Oct 24, 2005, Land Court, SPP served request for production of documents
Dec. 7, 2005, DALA hearing - appeal of DEP decision on Superceeding order of Conditions
Jan 17, 2006, DALA hearing of supplemental evidence - using 7 inch, 100 year storm data
Feb 14, 2006, Land Court, Lombardi revisits decision to dismiss based on HAC decision forming new comprehensive permit
June, 2007, Appeals Court decided that the HAC decision does not moot the Land Court suit.
Status, June, 2007
Appeals still in Land Court
Officers
Chair
Rose Lockwood
10 Stenbeck Place
Scituate, MA 02066
wbduke@aol.com
President
Victor Mendes
58 Brook Street
voyce@prodigy.net
Secretary
Joseph Henderson
28 Tilden Road
Scituate, MA 02066
Treasurer
Anne Stone
11 Sycamore Road
Scituate, MA 02066
uppstone@aol.com
Webmaster
Louis Chin, D.B.A., Massachusetts Professional Engineer
42 Tilden Road
Scituate, MA 02066
781 545 0616
lchin@bentley.edu
