Littleton Conservation Commission Denies Permits for Two Waterfront Properties in Marathon Session

LITTLETON — June 6, 2023 — Littleton Conservation Commission denies permits for two waterfront projects and redirects Foster Street road plan in a three-hour session. The commission voted 4-0, with one abstention, to deny both the local bylaw and state Wetlands Protection Act permits for 107 Mattawanakee Trail, closing a hearing that had been open since November 2020 over applicant Peter Scott's objections that commissioners lacked a voting quorum under MGL Chapter 39, Section 23D. Town Counsel ruled that five of seven commissioners remained eligible under the Mullen disclosure rule, saying "it's our position as town counsel that those individuals can participate." The commission also unanimously denied both permit categories for a home addition at 166 Mill Road (Bartlett Harvey, applicant), finding the project fails the 50-foot no-disturb waiver test with no viable alternative siting. On Foster Street, engineers Aaron Keegan and Nicola Pointe of Fuss and O'Neill — presenting a MassDOT project funded 80 percent by federal dollars that would add a 10-foot shared-use path — were directed to withdraw a Request for Determination of Applicability and resubmit as a full Notice of Intent after the commission found permanent 50-foot no-disturb zone impacts at Grimes Lane inconsistent with the RDA format. The commission unanimously approved an order of conditions for 265 Foster Street (GID, represented by Pat Conley of Beals Associates) with conditions addressing drainage pooling near the loading dock, hazardous materials storage, and invasive species removal.