ConCom officially denies Park Central “Order of Conditions”

by beth on May 31, 2017

Recently, a story I posted included information that the Conservation Commission denied Park Central’s application. Apparently, that was premature. But it became fact last Thursday.

At a recent Zoning Board of Appeals meeting, the developer said that he and the commission had reached an impasse and they denied his application. In fact, ConCom had closed the public hearing on Park Central but not yet made an official decision. Last Thursday, ConCom publicly deliberated and voted to deny the Order of Conditions.

The 5-0 decision was posted to the Town website yesterday. The letter included the following explanation:

The SCC unanimously agreed that the Applicant failed to meet numerous Performance Standards under the Wetlands Protection Act (WPA), and the Stormwater Management Standards under MassDEP. The SCC believes that the project as currently designed would not adequately protect the environment and the Interests of the WPA, does not meet the WPA Performance Standards, is not in compliance with the current MassDEP Stormwater Standards, and therefore cannot be approved in its present form. . .

The Applicant has proposed the use of confirmed wetland resource areas as stormwater detention basins; the impoundment of stormwater through a system designed to 1983 standards which does not meet the current 1996 Stormwater Standards or WPA regulations; and has shown a lack of understanding in how the WPA Regulations are written.

Developer Bill Depietri and his attorney told ZBA members that they disagreed with the commission’s assessment. They planned to appeal the decision to MassDEP (Department of Environmental Protection). 

Based on the ZBA’s reversal of a Planning Board Site Plan denial last fall, the developer is expected to wait until that appeal is final before bringing the Site Plan (or a revised version) back to the Planning Board. 

For the letter, click here. For the decision, click here.

*According to the Conservation Commissioner, two of the commission’s seven members were not eligible to vote and were not present for the vote; one member was recused and one was appointed to the Commission after the hearings had already begun and had missed too many of them.

1 Todd May 31, 2017 at 5:39 PM

Thank you ConCom!

2 Abe May 31, 2017 at 8:03 PM

Looks again like the Planning Board was 100% correct in denying the Park Central site plan. ZBA why are you swimming upstream on this by reversing their denial decision? Just doesn’t make any sense. What’s the agenda folks?

3 Djd66 May 31, 2017 at 9:01 PM

Finally someone on the town government that is puting the brakes on this project. Hopefully the Mass DEP will concur with concom.

4 mike fuce June 1, 2017 at 8:54 AM

You may have won another battle but in the end the developer will win the war. Then we as a whole will be stuck with some larger bills and a type of housing that may be less desirable for the neighbors. Instead of Southborough “working to get the best terms”, possible; you are going to end up with housing you may not want, mark my words. And we will have a tremendous legal bill at the end and the bills are already mounting. Ignorant and short sighted in my opinion. But it will be great to get some families who may want to play football in Southborough!

5 djd66 June 1, 2017 at 2:35 PM

Most of the opposition is trying to to work to get the “Best Terms Possible” Personally, I don’t care if this thing gets built – as the land is vacant and I am sure it will be developed at some point. The issue is where will all the cars go? Building a 500 unit complex and having ALL the cars spill out into a quiet neighborhood makes absolutely no sense. There is no way that the current Deerfoot/Flag can handle that type of traffic. How this thing has got this far is beyond me. The land is best suited for an office park or some hotel/conference center.

6 YY June 2, 2017 at 12:04 AM

And not following the law would help prevent “a tremendous legal bill at the end”? Are you proposing the “best terms” is to either break/ignore these laws or those laws but we have to break some laws? If not then are you arguing ConCom mis-applied the laws here? What and how?

7 Patriots Fan June 2, 2017 at 10:23 AM

@Mike Fuce – the war is about clean government and holding folks accountable for what appears to be decisions borne of unholy allliances. There is no legal bill or price too high to pay for things being done fairly and correctly. Park Central is just happened to be the most brazen symptom of the problem. Review the ZBA rail roaring the public on tape, see the Park Central Eagle, Depranos, Bartonili show on tape, and if you are are not convinced read the comprehensive permit and variances, think about the nonsensicle traffic proposals that were initially supported by ‘officials’, observe the willful exclusion of the Planning Board by ZBA with support from Town Counsel, see how the BOS denied the Planning Board any independent counsel and left they hanging out to dry, and then consider that all this was brought about by ZBA decisions made without due process via a proper quorum. Then Mike, reconnect with your inner footballer and decide how you’d stand up to this on the playing field.

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