Barry Kort
12 Mitchell Grant Way
Bedford MA 01730-1200

(617) 275-4460 (H)
(617) 873-2358 (O)

August 28, 1995

Massachusetts Association of Conservation Commissions
10 Juniper Road
Belmont, MA 02178

I live in the Bedfordshire Condominiums in Bedford, which encorporates and abuts a Wetlands. One parcel is owned by the Condo Association and is designated Open Space, to be left in its 'natural, scenic and open condition'. The adjoining parcel is owned by the Bedford Conservation Commission and is deeded under Chapter 40 as a Conservation Area which may only be used for 'passive recreation'.

The Trustees of the Condo Association have permitted some unit owners to build a golf course upon the two parcels, without notification or approval from the Bedford Planning Board, the Bedford Conservation Commission or the other unit owners. The Trustees then rolled into the monthly condo fees the cost of operating and maintaining the golf course. After disputing the matter for several years, with no progress, I began withholding the portion of the condo fees that pay for the golf course.

Last week the Trustees filed suit against me, seeking a lien on my unit and an order to sell it.

According to my research, the Trustees of Bedfordshire neglected to seek an amendment to the Special Permit and neglected to seek approval of the Conservation Commission. Without notice, the Trustees of Bedfordshire built a portion of the Golf Course upon Parcel 'D', the 13.5 Acre Conservation Area which was deeded to the Town of Bedford. They also neglected to secure the approval of the Unit Owners as required by Condominium By-Laws and applicable State Law.

Attached, for your information, is the Complaint filed by the Trustees against me, and my Answer and Countercomplaint, alleging various omissions and improprieties in the construction of the golf course.

Of the several points of law raised in my Answer and Countercomplaint, three are of particular interest to the Town of Bedford because they rely on documentation from the Planning Board and the Bedford Conservation Commission. See paragraphs 10 through 13 of my Answer and Countercomplaint for the allegations germane to the interests of Bedford Planning Board and Conservation Commission.

Parcel 'D' comprises 13.5 acres of Conservation Land alongside the flowage of the Shawsheen River. A portion of the 23 Acre Common Open Space is also designated Wetlands. (There are 5 natural ponds on the two parcels. Two are directly connected to the Shawsheen, two are spring fed, and one is fed from runoff along the embankment.) The Trustees installed a diesel powered water pumping station on the Conservation Land and are pumping about 10,000 gallons a day out of the Shawsheen to water the greens. We have no permits for any of this.

There are 4 points of law at issue.

Point 1. The Trustees failed to obtain the 75% vote of the unit owners required by state law and by the condo association bylaws to alter the Common Open Space. Indeed the Trusteed didn't even notify the unit owners or call for a vote at all.

Point 2. The Trustees failed to apply to the Planning Board for an amendment to the Special Permit to build the Planned Residential Development. The original Special Permits provides that the previously existing golf course on the open space would be "permanently discontinued" as of Fall of 1986.

Point 3. The Trustees failed to apply to the Conservation Commission for a permit to alter lands protected by the Wetlands Protection Act and Conservation Bylaws.

Point 4. The Trustees built a portion of the golf course upon an adjoining parcel which is Chapter 40 Conservation Land, owned by the Town of Bedford and managed by the Conservation Commission.

Points 3 and 4 are relevant to Conservation Law. But together, we see a systematic pattern of failures to inform or obtain the legally required approvals from interested parties.

What role (if any) would the Massachusetts Association of Conservation Commissions play in helping to resolve the issues raised in this case? I would be willing to invite in other experts in Environmental Law or Conservation Law who wish to support the Town in protecting its Conservation Lands and Wetlands from unlawful encroachment.

Sincerely,

Barry Kort

Enc.:
Complaint of the Trustees of Bedfordshire
Answer and Countercomplaint of Barry Kort