Partial summary of open issues:
The stream is still an issue as it is referred to as a 'ditch' and not acknowledged as a viable and valuable water resource.
The town has a current drain from Fletcher Field into the 'ditch.' The developer says Franklin has no easement for it. Franklin says it is on their land. This should be interesting to resolve.
There was a bunch of discussion on 'subsurface structures' and the definition of that versus an 'infiltration basins'. The dispute is around what design standards from MA DEP requires. A 'mounded analysis' is hence required by the Town and is questioned by the developer.
The developer has yet to meet with or engage in anyway the Conservation Commission. Conservation issues are being addressed to the ZBA, which respectfully speaking, is not their subject of expertise.
The wording of many of the waivers requested seem to be broader than required. Some of them were acknowledged as being worthy of refinement.
Recap on process
The ZBA does not need something from the Conservation Commission before the ZBA makes a decision. The concept is before the ZBA. If the board is so inclined to proceed with a permit, they would still come back with the construction design to approve that formally. If they (the developer) goes to the Conservation Commission and can't meet the State regulations, then the development would stop.
You can view the ZBA meeting here
Files released before the meeting can be found here
|Spruce Pond Brook is proposed to be rerouted for the development|