Barry Kort
12 Mitchell Grant Way
Bedford MA 01730
781-275-4468

January 16, 1998

Jim Vineburgh
13 Mitchell Grant Way
Bedford MA 01730

Marty King
1 Mitchell Grant Way
Bedford MA 01730

Paul Allison
36 Mitchell Grant Way
Bedford MA 01730

Dick Koundakjian
24 Mitchell Grant Way
Bedford MA 01730

Jim McLaughlin
4 Shire Lane
Bedford MA 01730

Gentlemen:

Tuesday's Trustee's Meeting brought up some issues which deserve further discussion, exploration, and resolution.

I was gratified by Jim McLaughlin's promise to carry out his role with "Due Diligence." That's a refreshing promise, and one that is long overdue.

Before I get into specific issues, let me state that I am not opposed to the concept of having a golf course at Bedfordshire. But I am vigorously opposed to subverting the legal process to build it and to fund it.

For nearly a decade, the Trustees winked and looked the other way while Roger Walker disregarded the provisions of the Condominium Charter Documents and applicable public law in his single-minded determination to convert the Open Space and Conservation Parcel into a "Million Dollar Golf Course." By Roger's own admission, he personally collected and expended more than $20,000 in undocumented and unreported funds to achieve his goal.

Roger disregarded and subverted the provisions in the Condominium Charter Documents that require Unit Owner Approval for major alterations to the Common Areas. And since he was working with a slush fund, off the books, he often bypassed the Trustees as he directed "Lou and his son" to carry out landscaping work on the golf course. He also ignored the requirements of the Bedford Planning Board and the Wetlands Protection Act (which is enforced by the Conservation Commission), neither notifying them of his projects, nor seeking the required approvals. No wonder Bedford Tax Assessor Paul Asher was taken by surprise that we had a "blue sky amenity" that didn't show up on his tax books. While I don't relish paying taxes, I nonetheless believe we have an ethical duty to conduct business with the town on the up and up.

The Trustees also overlooked the provision of the Condominium Charter Documents that requires a 75% approval of Unit Owners before the continuing costs of a project can be assessed to all Unit Owners. I continue to object to the ongoing inclusion in the budget of the cost of operations of the golf course when it was not approved by the required 75% of Unit Owners.

To this day, the Bedfordshire Site Plan and Master Deed do not reflect the estimated $100,000 worth of alterations to convert the Common Open Space into a golf course. It is time to rectify that. As you know, it takes a 75% vote of the Unit Owners to amend the Master Deed. The Condominium Charter Documents authorize the Trustees to expend Common Charges for the proper operation and maintenance of "facilities defined in the Master Deed." Until the Master Deed is amended to incorporate the golf course, the Trustees continue to exceed their authority in this regard.

However, there remains one especially troubling problem. Portions of the golf course are sited on Parcel 'D', the Conservation Parcel, which is owned by the Selectmen of the Town of Bedford. The tee in front of the pump house, the pump house itself, and the green and fairway behind it are all situated on public Conservation Land that we don't own. The Wetlands Map which Elizabeth Bagdonas gave the Trustees 2 years ago clearly shows the boundary between Parcels 'C' and 'D'.

Our use of the public Conservation Land is limited to "Passive Recreation" use only. According to state officials, that means that we may not alter the surface contours of the land nor disturb the native wetlands vegetation or wildlife habitat. Our stewardship of the Wetlands is an important public responsibility which we need to undertake with proper understanding of the importance of wetlands to the environment.

Due Diligence requires that we correct the legal defects which we inherit as Roger's legacy. The time has come to square our development of the golf course with the Planning Board, the Conservation Commission, the State Department of Environmental Protection, and the Unit Owners who were deprived of their rights to approve or disapprove of projects before they were undertaken.

Eighteen months ago, when I raised these issues, Roger told me that he was going to "come down on me like a wet blanket." And he kept his word. For three administrations (John Abbot, Dick Mazow, and Fred Aufiero) the Trustees have spent more than $10,000 concealing, covering up, and walling off the material facts of Roger's backstage activities. To this day, there has never been an accounting of the source or amounts of the private funds which Roger and others on the Golf Committee have controlled and expended out of sight of normal processes spelled out in the Bylaws and required by state law.

Part of the legacy of this legal and ethical lapse has been a breakdown of trust. It is ironic that the elected managers of the Association are called Trustees. It is important that the Trustees do not continue to breach the trust if we are to restore confidence in the integrity of the system.

I believe we can work together to correct both the technical defects and the depressing injustice that flowed from it. It's time to begin the process of healing and community building.

I look forward to working constructively with the new Trustees and with the Community to bring Bedfordshire into compliance with our Bylaws and with public law.

Sincerely,



Barry Kort, Ph.D.
The Orenda Project


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