METHUEN — Attorneys for a proposed 200-unit development in Dracut but only accessible through city roads argue that the neighboring municipality lacks standing to block the project and had already been handed a series of traffic concessions.
The project known as Murphy’s Farm was approved by the Dracut Zoning Board of Appeals early last month after years of controversy. The legal fight over the 33-acre development appears far from over.
Attorneys representing the developer as well as the communities of Dracut and Methuen are scheduled to meet in court on Feb. 20 for a hearing on an appeal of the ZBA’s decision filed by Methuen Mayor D.J. Beauregard.
The developer is also appealing the ZBA’s permit, but with the goal of relaxing requirements like a unit cap that it argues is overly restrictive.
The city opposes the development as approved by the ZBA on the grounds that Dracut officials did not include enough traffic mitigation requirements in the permit that benefit Methuen roads.
Last month, the developer filed a motion to dismiss Methuen’s appeal of the project in Land Court setting the stage for the February hearing.
The developer and Methuen officials were not able to agree on a “reasonable impact fee” during negotiations over the project, according to the filing by attorney Donald Borenstein.
Despite this, he pointed to a condition in the permit that does require the builder to make investments on Methuen roads to mitigate traffic impacts.
Borenstein also said that it was their “expectation” that a “considerable share” of a $300,000 payment that will be given to Dracut for further traffic improvements will be invested in Methuen subject to an anticipated future agreement between the two municipalities.
The developer did not appeal any of its traffic mitigation conditions, set by the ZBA, to the state, he said.
The development off Wheeler Street is being overseen by the Homes at Murphy’s Farm, an LLC registered in Andover to developer Kevin O’Brien.
The project has long been opposed by residents and officials of both communities who argue the location does not have the existing infrastructure to support a large development.
However, despite the general opposition members of Dracut ZBA approved a permit from the project in part fearing that since the town has not met affordable housing goals from the state the developer could use housing law to bypass local zoning resulting in an even more unfavorable project.
The fear has been partially realized as the developer seeks to appeal some of the conditions set by the board to the state.
The developer’s appeal comes after the board approved the project with 68 less units than previously agreed to and with more than 90 conditions. Alongside the number of units, the developer is also appealing a series of fees including for water hookups as well as requirements like mandating specific designs for stormwater management, according to documents obtained via a Freedom of Information Act request.
While it was initially presented as a 300 unit development, the developer agreed to reduce the project to 268 units during negotiations coupled with a reduction in acreage. However, as part of the final permit the ZBA cut the limit down further to 200 units.
During the permit process the ZBA also reduced the number of allowed bedrooms per unit resulting in the total number of potential bedrooms reduced from 1,200 to 400.
For more information on the project visit: dracutma.gov/651/Murphys-Farm