Barry Kort
12 Mitchell Grant Way
Bedford MA 01730-1200

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

August 21, 1995

Ms. Elizabeth Bagdonas
Bedford Conservation Commission

Mr. Ronald Wetmore
Bedford Code Enforcement Office

Mr. Richard Joly
Mr. Donald Corey
Mr. Mark Siegenthaler
Bedford Planning Board

Town Hall
10 Mudge Way
Bedford MA 01730

Dear Ms. Bagdonas, Mr. Wetmore, Mr. Joly, Mr. Corey, and Mr. Siegenthaler:

As you know, there has been a long-standing unresolved dispute at Bedfordshire Condominiums regarding the construction of a private Golf Course upon the Common Open Space and upon the adjoining Conservation Area. That dispute has now erupted into a lawsuit.

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 Conservation Area which was deeded to the Town. 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 because they rely on documentation from the Planning Board and the Conservation Commission. I refer you to paragraphs 10 through 13 of my Answer and Countercomplaint for the allegations germane to the interests of Planning Board and Conservation Commission.

According to the Minutes of the Planning Board dated October 6, 1986, the Decision to approve the original Special Permit for Bedfordshire included the transfer of Parcel 'D' to the Town. Those Minutes include an unexecuted copy of the proposed Quitclaim Deed, transfering the Conservation Parcel from Moore Homes to the Town of Bedford, with this incorporated language:

"Said Parcel D is conveyed to said Town under the provisions of G.L. Chapter 40, Section 8C and as it may hereafter be amended, to be managed and controlled by the Conservation Commission of said Town for conservation purposes; and shall be retained in its natural and scenic condition."

Can either the Planning Board or the Conservation Commission confirm that the Quitclaim Deed to Parcel 'D' was in fact duly executed, and that the Bedford Conservation Commission has in fact assumed responsibility for managing and controlling that Parcel?

In the event that the Town, through the offices of the Selectmen, the Planning Board, the Conservation Commission, or the Code Enforcement Office wishes to convey to the parties or to the Court its position regarding the issues raised in the case, I would be happy to invite informal comment or Amicus Curae Brief.

I would also 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.


Barry Kort

Complaint of the Trustees of Bedfordshire
Answer and Countercomplaint of Barry Kort

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