SHREWSBURY – The Beal Commons appeal is reaching a crucial juncture.
The case — which focuses on the 53-unit, 7,000-square-foot commercial-residential development slated for 1-7 Maple Ave. — dates back to when the Planning Board approved the project and four special permits by a 4-1 vote in April 2023.
In May, seven abutters appealed the special permits, and the case has been in the Massachusetts Land Court ever since.
But the case could be decided as soon as Feb. 29, when lawyers for the plaintiffs and defendants will reconvene.
In documents filed Jan. 5, the defendants asked the court to dismiss the plaintiffs’ case with prejudice. If Judge Kevin T. Smith agrees to dismiss the case on Feb. 29, Beal Commons will have passed the project’s biggest obstacle and construction could soon start.
For the plaintiffs’ appeal to be successful, they must have proper standing. The defendants write that since the plaintiffs are appealing the special permits — not the site plan — the plaintiffs do not have standing.
In addition, the plaintiffs must show evidence of a particularized injury and demonstrate that their harm would be different than that of the rest of the community. The defendants argue that traffic, among other things, already exists at the location, and the harm to the plaintiffs is not Beal unique.
“None of the [seven plaintiffs have] met their individualized burden of bringing forward direct facts, rather than personal opinions and conjecture, so as to establish standing based on alleged claims of increased traffic, light, and noise,” the defendants write.
The plaintiffs dispute the defendants’ assertions.
On Feb. 16, the plaintiffs filed a 74-page document disputing several of the defendants’ assertions and filed a counter-motion for summary judgment, asking the judge to approve the appeal of the project.
“This case is flooded with factual disputes with the plaintiffs and defendants agreeing on virtually nothing,” the plaintiffs wrote.
In particular, the plaintiffs take issue with Shrewsbury’s Town Center Zoning District, which was approved by Town Meeting in 2020. The zoning is meant to “encourag[e] vibrant mixed-use development, walkable areas and adaptive reuse” while also “strengthen[ing] the traditional New England village style of the Town Center.” The proposed site of Beal Commons is within the zoning district.
The plaintiffs argue that the special permits granted by the Planning Board could lead to “unrestricted maximum densit[ies] of housing.” The language used to create the Town Center Zoning District, specifically relating to the special permits allowed, is “impermissibly vague,” according to the plaintiffs, and while Beal Commons is 53 units, a 5,300-unit development could theoretically be allowed under the current bylaws, the plaintiffs argue.
If summary judgment isn’t granted to either side, the trial would start June 3.
