Article on Upton's dealings with Shining Rock Development, LLC

From the Milford Daily News, Wednesday, July 6, 2005.
Notes: Noble Vista is a 40B development proposed by Shining Rock Development, LLC as part of the overall Shining Rock master plan. Please note that, according to the article the developer has failed to comply with specific mandates handed down by regulatory agencies. Please also note the response of Stan Pearson, representative for Shining Rock and Noble Vista. How, we wonder does Mr. Pearson propose "middle ground" when, according to what's presented here, they've simply not given in to basic requirements like hiring a consultant? Is Shining Rock Development, LLC immune to the laws and requirements of the state and town?

Read through and make your own decision.

Developer seeks 'middle ground' for problems at 40B site
By Josh Press / Daily News Staff
Wednesday, July 6, 2005

UPTON -- The Conservation Commission last night continued its hearing on whether to revoke Orders of Conditions on the 40B development Noble Vista and the Shining Rock Golf Course until July 28.

Solutions are being sought to fix numerous problems that have existed on those sites for several years, commission members said.

In a letter dated June 14 from the commission to representatives of each project, it is noted that developer Noble Vista LLC, despite repeated requests, has not taken any action to alleviate increased drainage problems on Hartford Avenue, the site of the Noble Vista development.

The commission also charged in the letter that work on Shining Rock has resulted in "significant siltation in wetlands at Noble Vista, and construction of a dam has changed stream flow through the Noble Vista site," located on the Northbridge town line.

Although orders were issued against both Shining Rock LLC and Noble Vista LLC in late 2003 to clean up the wetlands, none has thus far occurred, according to the commission.

Additionally, in April 2004, the commission asked Shining Rock and Noble Vista -- a yet to be constructed 150-unit complex -- to hire consultants to monitor the wetlands for further damage and restoration activities, but that never happened either, said commission Chairwoman Margaret A. Carroll.

Requests by the commission for drainage analysis from each development to document changes in the stream flow from the dam have not been answered either, the letter stated.

"We're trying to work in concert with the (Department of Environmental Protection)," said Carroll, who noted that the DEP recommended holding the hearing. "At this point, we're frustrated, as is the DEP."

On behalf of each development, attorney Kathleen J. Freeman of Bowditch & Dewey responded to the commission's allegations in aletter yesterday by first noting that "Noble Vista is troubled by the unfounded allegations ... against its Chapter 40B-permitted affordable housing project, especially since no actual construction work has begun under the Orders of Conditions at issue."

That defense was in specific reference to the overflow of water on Hartford Street that Noble Vista said was the town's problem and that it had no responsibility to deal with the matter.

In regards to Shining Rock, Turner said that silt deposits into the wetlands had in fact been cleaned up, particularly in intermittent streams along the first and second holes of the golf course and along the drainage swale along the nearby Grafton and Upton Railroad.

After arguing for nearly two hours, with no resolution in sight, the commission and representatives from Noble Vista and Shining Rock agreed to hold a joint workshop, with the Board of Selectmen in attendance, on July 20 to address the drainage issues on Hartford Avenue. The workshop would be prior to the next hearing.

"I hope we can come together and find a solution," said Shining Rock project manager Stan Pearson. "There are a lot of things to weigh here. I'd be happy ... to work something out and come to some sort of middle ground."

Staff Writer Josh Press can be reached at 508-634-7556 or jpress@cnc.com