Civil Lawsuit Filed against Millis Planning Board Regarding Toll Bros. Permit

By J.D. O’Gara
Issue Date: 
March, 2017
Article Body: 

On February 10, 2017, the Millis Planning Board, including members Robert Cantoreggi, George Yered, James McKay, Nicole Riley, Richard Nichols and Carlo Molinari, as well as Toll Bros. Inc., received a notice from Norfolk Superior Court that, as a board, they are defendants in a civil lawsuit by plaintiffs Stephen and Susan Boston, Alvin and Jacqueline Crocco, Robert and Kelly Hubbell, and Christopher Smith. The lawsuit is an appeal of a decision the Planning Board made in January regarding modification/amendment to the Glen Ellen Senior Residential Community Development Special Permit for property at 84 Orchard Street, Millis. The plaintiffs live in the area of the proposed development.
The lawsuit contends that in 2008, Toll Bros. was granted a special permit for a development that was never built, and that, in fall of 2016, when the town of Millis reviewed Toll Bros.’ new application for modification to that 2008 special permit, that by law the town should have reviewed the substantially altered 2016 application as one for a new special permit, not a change to the one in existence.
The matter is currently under review by the Town of Millis. A copy of the appeal, under a link named “GECC Toll Bros. Modified Special Permit Appeal 2-10-17,” can be accessed under the Planning Board’s page at the Millis town website, www.millis.org.