A New Bedford developer plans to scale back an unpopular nine-home development on the Westport/Little Compton line, but the plan comes with a price — less town control and twice the number of driveways fronting rural Old Harbor Road in Westport.

In early September, representatives from New Bedford’s Long Built Homes encountered considerable pushback as they presented a plan to build nine homes across three lots at 435, 461 and 0 Old Harbor Road.

The plan required considerable engineering and complex drainage systems, the felling of trees across 300,000 square feet of forest on the state line, and a layout that worried neighbors concerned that homes were too close, some too high in elevation, and overall out of character with the quiet neighborhood. As it was being proposed under the town’s ‘flexible frontage’ rules, the nine homes would have been built with just three driveways fronting Old Harbor Road, each serving three homes.

“I’m totally against this project,” 460 Old Harbor Road resident Josie Woollam, who has lived in her home since 1978, said.

“This is just an assault” on the careful planning that nearby resident Chris Spicer said has created a neighborhood tied closely to the land around it, much of it protected by environmental organizations in Little Compton and Westport.

“This is such a rude counterpoint to what’s been a generous stewardship of the land.”

Allowed six

Though developers sought nine homes and would have needed extensive variances and other town approvals to make the project work, board members pointed out at September’s meeting that they could just as easily have proposed six homes under the state’s ANR (Approval Not Required) process, which allows property owners to divide land and reconfigure lot lines without going through full subdivision review.

Board members and several neighbors brought up that state process in September, wondering aloud why it hadn’t been sought — “Six lots,” 303 Old Harbor Road resident Tim Remy said. “They know they can do it. They chose not to do it.”

Instead, he said, they sought nine and threatened as many as 13.

“I don’t think that’s a very effective way to treat your neighbors.”

Developers rethink it

On Tuesday, Long Built’s Lee Castignetti went back before the board to discuss a new plan — the possibility of building six lots under the ANR process, which would not require full planning board review.

The meeting got off to a strange start, as chairman James Whitin said “it’s highly unusual for us to do a pre-application for an ANR ... especially since you have an active application for a nine-lot subdivision one the same lot.”

But Castignetti suggested that he wanted to gauge board members’ sentiments and determine whether or not they believe an ANR plan, which would result in the land being subdivided into six distinct lots, each with its own egress onto Old Harbor Road, would be more palatable and would more correctly serve the area’s rural character.

“You had indicated that you were not inclined to do that (previous) plan,” he said. “You were concerned last time about that plan not meeting the character of Westport. It aroused my curiosity as to how this (ANR plan) fulfills that concern of yours but that plan didn’t.”

“I don’t think it is up to us to choose between one or the other,” Whitin replied.

“I disagree,” Castignetti said. “In representing the town I think there’s an interest on your part to give us direction as to which of the two forms of development you would prefer. I don’t think that’s an overreach or over-ask.”

To that, several members suggested that the ANR six-lot plan would be allowed by right and would be better in some ways but in others, could be seen as a more confrontational route. While acknowledging that the new plan would spare wide swaths of forested land that would have had to be clear cut under the nine-building plan, Bullard talked about philosophies of cooperation and neighborliness as he talked about the two distinct methods of building the development.

In September, “we tried ... to represent something that’s hard to define, which is what fits in with the character of the town,” he said. “There is one approach which is both sides in good faith trying to come together. Of course, there’s another way to do it,” he said, referring to an ANR development.

“And as several members have said, that’s certainly within your power to do. So I guess what you’re saying is, you can do it (as six, with little town review) ... so go ahead and do it. It doesn’t matter what we think.”

At that, Castignetti indicated that the development firm will seek an ANR development — “I think we’d prefer to stay entirely by right,” he said, meaning that developers are going to do what they’re allowed to do by right under the ANR process — build six homes on six lots with six driveways.