Essex Planning Board Advances Draft Decision on 36-Lot Open Space Subdivision

ESSEX -- May 20, 2026, Essex Planning Board debates open space control and public access for proposed 36-lot Bell Point subdivision. The board spent its May 20 meeting reviewing a draft decision for the Bell Point LLC open space residential development at Essex Park Road and Pond Street Rear, a 36-lot cluster subdivision operating under a September 2025 special permit, with outside counsel Amy advising that the board cannot require public access to the open space but can record a developer's voluntary commitment as an enforceable condition. Applicant representative Dan Gorman said by Zoom that he is not opposed to public access in principle but will not commit the homeowners association to managing land open to the public, citing liability concerns; attorney Don Borenstein of Johnson and Borenstein confirmed draft HOA and conservation restriction documents have been submitted and said post-approval finalization through town counsel is standard practice. The board also flagged concerns about a waiver allowing a 5 percent road grade at an internal intersection where 3 percent is required, asked that the applicant's planting list be purged of invasive species, and required that trees at the limit of work be individually surveyed. The hearing was continued unanimously to June 3 at 7 p.m., with a possible second closing date of June 17 under a newly extended June 23 statutory deadline.