Hamilton Planning Board adopts updated stormwater rules, defers 133 Essex housing vote

HAMILTON — November 9, 2021 — Hamilton Planning Board unanimously adopts revised stormwater rules but punts again on 133 Essex affordable housing vote. The board approved updated regulations required by the 2016 federal MS4 permit, raising the total suspended solids removal standard from 80 percent to 90 percent and adding a new 60 percent phosphorus removal requirement for new construction projects disturbing one acre or more, following a presentation by Weston and Sampson engineer Timothy Tagliamo. Town Counsel Robin Stein's written opinion — voted into the public record Tuesday — held that the 50-unit Tobacco Hill Capital Partners senior housing proposal at 133 Essex Street must provide six affordable units and that the base unit count cannot be reduced when a developer pays a fee in lieu under bylaw section 8.3.4, warning such a reduction "could be subject to a legal challenge." Board member Bill Wheaton moved to formally adopt those opinions and confirm a fee-in-lieu payment for six units to the Affordable Housing Trust, but withdrew the motion after abutters' representative Ken Whitaker argued the public had not had adequate time to review the opinion, with the full vote now set for November 16.