Since November, I (and much of our community) has been more focused on denial than the various drafts of proposed conditions that the Planning Board has presented.
And, while there is a *strong* legal argument for why the Planning Board should deny the current application – on the basis of the relevant 2012 by-laws, legal precedent, and also when considering that the Applicants appear ready to sue the Planning Board no matter what they decide. (Please note, if a legal suit is filed by abutters after a conditional approval decision, the applicants can move ahead with their development plans. Whereas if the site plan is denied, the applicants can sue but are not permitted to proceed while that court case is under consideration.)
Again, despite all these arguments that support a Denial decision, it remains important to the Planning Board to have made a heroic effort to try to find conditions under which the proposed site plan would be suitable for the land, and the community / town. As such, they submitted several versions of Draft Conditions for responses from the community and the applicants.
We’ve prepared a side-by-side document of the Applicants’ responses (signed by James Fenton, of the Boxborough Town Center, LLC) to the January 1, 2018 set of draft conditions, so as to make it easier to see where the Applicants object.
I’ll let you read for yourself, but as you might imagine, most of the draft conditions that were included in response to the concerns raised by the residents of Boxborough are unacceptable to the Applicants…