The Planning Board somewhat reluctantly approved the most recent request of Cedar Village Estates, a development company owned by Zoning Board Chair Nazih Elkallassi, at its meeting on Monday night.

Elkallassi and his attorney, Sheila Tierney, were requesting to split one lot on Old Stage Coach Road into two lots. The matter was first discussed at the board’s  September 11 meeting.

The lot is one of two on the road that Cedar Village owns. Each was initially the site of some unusual duplexes, which more closely resembled two single family homes to be connected with breezeways approximately 100 and 300 feet in length.

In June, the Zoning Board of Appeals approved the company’s request to separate the homes into four single family homes across the two lots, despite questions about the original permitting for the project.

Tierney argued that the town’s subdivision bylaws do not apply to the land because it is on a private way that predates those laws.

Town Counsel Richard Bowen concurred. Bowen explains that Massachusetts state laws limit a planning board’s authority to review what is known as an “approval not required” plan, or ANR. Because the site in question is on a private way that predates subdivision laws, the board could only consider whether the lots had sufficient frontage and whether the access to the lots was sufficient.

Following the presentation at the board’s last meeting, chair George Barrett reached out to the Wareham Fire District and confirmed that the district would be able to access the homes in case of an emergency.

The last time the project was before the Planning Board, members denied the request because the road was insufficient. At the time, it was a narrow dirt road.

Since then, Elkalassi obtained an easement from a neighbor that allowed the company to remove about six trees and pave, grade, and widen the road. Additionally, an S-curve in the road was straightened.

Board members expressed some frustration, and felt that the project had not been handled correctly from the beginning.

“This whole plan, from day one, is a back door system,” said Michael Baptiste. “So the Commonwealth allows a back door? What are we here for?”

The board had previously been granted an extension in which to make a decision in order to get the advice of counsel, but had to make a decision that night.

After about an hour of discussion, Barrett made a motion to approve the project. Michael King reluctantly seconded, and Emmanuel Daskalakis also voted in favor of approval. Michael Baptiste voted against the motion, which passed.