Housing proposal protested

But the developer says that the company is ironing out these issues with the town, that the project maintains proper buffers between the development and the river, and that the neighbors are simply having trouble with change.

Medway resident John Claffey, representing Charles River Village LLC, is proposing cottage-style detached units on a 7.6-acre parcel that would be be accessed through Neelon Lane, off Village Street, with emergency access via Cherokee Lane. The homes would sit on a 3.2-acre parcel, leaving more than 4 acres of open space, according to the project’s plans. The development would also include two affordable units.

The town’s Planning and Economic Development Board is holding a public hearing Tuesday as its members consider whether to grant a special permit for the development. The permit would require the developer to keep at least 50 percent of the property in a natural state, and set aside at least 15 percent of the units as affordable, offered at below- market rates to income-eligible buyers. The meeting is scheduled for 7:15 p.m. in Town Hall.

The planning board held a public hearing for the project on Aug. 24, but officials must hold another one because of a malfunction with the recording equipment, said Susan Affleck-Childs, the board’s coordinator.

According to the minutes of the first hearing, several neighbors voiced concerns about the project’s setbacks, the number of units, potential traffic issues, lack of privacy, and the amount of water already saturating their lawns, which several feared would get worse once nearby trees were removed for the project.

Beth McDonald, a neighbor on Neelon Lane, questions why the project is being developed right next to the Charles River, given that neighboring towns Bellingham, Franklin and Milford are working with the Environmental Protection Agency to prevent phosphorous runoff into the river from impervious surfaces like roads, driveways and parking lots.

“Why not include Medway at the same time?’’ McDonald said. “A lot of those streets are already affected by water runoff.’’

McDonald said she believes that the project is being forced upon the neighborhood, and the 13 dwellings are being “crammed’’ onto the lot. She also feels that Paul Yorkis, the developer’s representative and the president of a local real estate company, is pushing the application through with the help of his relationships with town officials.

“I don’t know how much control we’re going to have over this — it seems like the town is looking the other way,’’ she said.

Yorkis said any claim of favoritism is unwarranted. He attributed much of the discontent to nearby residents being unwilling to accept new development in their neighborhood.

“They may not want vacant land near their homes developed, so they have some strong feelings in opposition to the project that may or may not be valid objections in terms of the application,’’ Yorkis said.

“But the owner of the property has a right’’ to develop it “in accordance with the guidelines that have been established by the town,’’ he said. “We are doing our utmost to comply with the rules and regulations as we understand them.’’

Yorkis said that the developer would have to comply with state storm-water management standards.

He noted that the development is more than 200 feet from the river, meeting the buffer-zone requirements established by the state’s Wetlands Protection Act, and that the town board’s consultant has verified that the project meets the technical formula for an open-space residential development.

“That’s not to say a new wrinkle can’t pop up because, in the process of approvals, neighbors raise questions,’’ Yorkis said. “We are obligated to try to get the best possible answer, and that’s what we’ve been doing so far.’’

Andy Rodenhiser, the Planning and Economic Development Board’s chairman, said there continue to be questions about whether Neelon Lane should be classified as a public or private way, as older surveying documents are unclear. “Those issues are still a little murky,’’ he said.

If it is a public way, the Board of Selectmen would need to authorize any work done within the right-of-way. Some of these concerns have been referred to the town counsel.

Rodenhiser agrees with neighbors that the 18-foot-wide roadway is narrow, given the traffic projections and the street’s somewhat nebulous boundaries.

“The reason this is all germane is that the board, more than likely, is going to require some kind of sidewalk,’’ he said. “People walk out their front door, and their lawn just got shorter by five feet. Certainly, if you live on Neelon Way, you’re upset.’’

The board faces a challenge in approaching an emotionally charged project from a nonemotional perspective, he said.

“We have to be fair and impartial and come up with defendable positions,’’ Rodenhiser said.