Star Mountain Properties’ plans to develop more than 50 residential lots in Peterborough were dealt a setback April 7 when the Zoning Board of Adjustment denied its appeal that a preliminary review of its proposed project, as maintained by the town, was actually a design review.
The Miami-based firm is seeking to develop the Shadow Fox Farm equestrian property off Burke Road as Equestrian Village, and was appealing a Town Planning and Building Office decision that changes to the plans were not grandfathered prior to the first legal notice it received on the proposal early last year. It is also proposing a 116-unit development to include workforce housing known as the Mercer Avenue development, an appeal which had previously been denied.
“Both appeals were denied by the board. In response, the applicant filed a request for rehearing, but only on Star Mountain. This would be a typical process in order to bring the appeal further to court,” stated Danica Melone, director of planning and building for Peterborough, Monday.
Attorney Austin Mikolaities of Shaheen & Gordon, representing Star Mountain, claimed that the firm’s proposals were made at such a time that subsequent changes in town code should not apply.
“We submitted this before the first legal notice in January 2024,” claiming that this submission was a design review. An Aug. 15, 2024, letter from the town’s Office of Planning and Building stated that: “Had a formal application been submitted at any time prior to the date of the Planning Board’s final public hearing which moved the revised Open Space Residential Development regulations to ballot (Monday, March 11, 2024), the town would otherwise find the application grandfathered, however, no such application was made.”
Melone stated Monday that an application with revised changes based on changes in the code was never submitted, but that the developer is looking to follow the old zoning code without having to revise its plan.
According to Melone, “The regulations were revised to better reflect the core intent of an open space residential development: maximize clustering in effort to retain the maximum amount of open space for conservation with least amount of land fragmentation. The regulations ultimately did not change so significantly that they would have to totally go back to the drawing board. If Star Mountain followed the revised regulations, they would see less single-family homes but greater clustering of homes. While less homes may mean less money, the clustering also means less infrastructure and site work (shorter roads, small stormwater, etc.).”
Board alternate member Loretta Laurenitis referred to an earlier meeting on the matter.
“So you’re saying the applicant believed it was a design review and did not feel the need to correct the Planning Board about what they were being asked to review. There was a statement at the end of a meeting where the chair said it was a preliminary review, and the applicant never said anything about that,” said Laurenitis.
ZBA Chair Chris DiLoreto said at the April 7 meeting that public comment on the matter should focus on the issue of Star Mountain’s appeal of the design review/preliminary review distinction, not the overall project, but residents who voiced opinions were critical of the firm’s general approach to the project.
“Every time we’d get aggravated with what was in the plan, we were told to calm down, that it’s just preliminary,” said Karl Witt, an abutter to the proposed development.
“Star Mountain has been lying to us from day one,” said John Marcinkus of Monadnock Drive. “It’s becoming tiresome. We have the right to see the final plans.”
Zoning Board member Jonah Wheeler spoke in response to these sentiments.
“This (appeal) should be rejected. When people feel jerked around, it should be rejected,” he said.
Melone stated that if Star Mountain wanted to continue its appeal, it could go to court.
“The ZBA did an excellent job of covering all bases,” she stated. “Star Mountain could still realistically revise their plans to meet current code. That would be a great step in the right di rection if they still wish to be a part of the community and friendly neighbor.”
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