Malden Woods Subdivision (Whippoor LLC)
At a glance
- What: Request for Amended Order of Conditions CC-2026-050 (earlier files CC-2025-055, CC-2019-074, DEP# 349-1266) by Whippoor, LLC for the Malden Woods subdivision.
- Where it stands: amended order issued 3-0 on 2026-08-24 after the hearing was closed.
- Next: nothing pending in the record.
The proposal
- Roughly 30 residential units and a new road network connecting Whippoorwill Drive to Castine Street.
- Includes a culvert and drainage work and a request for a discretionary allowance from performance standard 4.2.4.
- Applicant represented by Thompson Liston Associates (Nikita Shugrue, Alex Wood).
First hearing (2026-08-03)
- The applicant wanted larger two-car-garage units on six lots, which pushed patios and a driveway slightly into the 30-foot zone (permanent bounds already sit at 15 feet); staff added that roof infiltration is a stormwater improvement over the original approval.
- Fratoni: no precedent for patios, decks or driveways in the 30 feet; future homeowners will not understand the limits. Canton agreed.
Concerns
- The Commission had previously objected to patios and a driveway in the 30-foot buffer.
Decision and changes
- Revised plans put all patios (now impermeable) and the Lot 10A driveway outside the buffer.
- The amendment lets the developer build wooden decks instead of patios where they stay outside the buffer with equal or less impervious area, subject to zoning setbacks.
- The deck/patio option applies to lots 8 to 10; staff flagged that zoning bars decks in some side-yard setbacks.
- Condition 34 (sequencing) was adjusted: sub-conditions that would force stormwater systems online before up-slope areas were stabilized were dropped in favor of the standard sequencing condition.
Discussion time
About 20 minutes across 1 meeting (from transcript timestamps; approximate).
| Meeting | Minutes |
|---|---|
| 2026-08-03 - Conservation Commission | 20 |
Log
- 2026-08-24 - Conservation Commission - Revised plans presented; hearing closed and amended Order of Conditions issued, 3-0; Eric Flint supported the deck flexibility with setback limits.
- 2026-08-03 - Conservation Commission - Thompson Liston proposed permeable-paver patios (three) and a driveway slightly into the 30-foot buffer, with roof infiltration and plantings; Diane Fratoni and Devin Canton refused any incursion ("economic viability is not our concern", suggested balconies); continued to August 24 for revised plans, lot 8B unresolved.