Essex Planning Board Hears Legal Limits on Preserve Subdivision Review, Continues Hearing

ESSEX -- April 1, 2026, Essex Planning Board narrows scope of its Preserve at Essex review after Town Counsel briefing. The board held a third session of the public hearing on Bell Point LLC's application for a 36-lot Open Space Residential Development at 0 Essex Park Road and 0 Pond Street Rear, devoting most of the evening to a legal briefing from Attorney Amy Kwessel of KP Law, P.C., who told the board that under M.G.L. Chapter 41 its review is limited to roadways, utilities, and stormwater management. Kwessel confirmed the board cannot deny the subdivision based on school enrollment, tax impacts, or objections to rural character, and that waivers may be denied only for documented health and safety reasons. Patrice Murphy, Executive Director of the Manchester Essex Conservation Trust, stated on the record that MECT "has not been in any discussions" with the developer or the town about stewardship of the project's open space, pushing back on references made at a prior Board of Selectmen meeting. The board continued the hearing unanimously to April 15, 2026, where peer reviewer Weston & Sampson is expected to present findings, and Chairman Lisa O'Donnell said she would seek a three-week extension from the applicant to push the decision deadline to approximately May 6.