Public hearing with EMC pushed to May 5

Southborough - A public hearing to discuss EMC Corp.'s wish to construct a series of buildings on property along Route 9 has been rescheduled and will be part of the Planning Board's Monday May 5 meeting agenda.

The public hearing was originally scheduled for the March 31 Planning Board meeting, but was postponed at the request of EMC attorney Chris Toomey.

Toomey requested pushing the public hearing to the May meeting in order for property owners who abut the proposed subdivision to have ample time to rearrange their schedules and attend the hearing.

Although it ultimately decided to not hold the public hearing, Planning Board members discussed the issue for about 20 minutes and members of the board were disappointed that movement on the proposed 445-acre complex, to be built in parts of both Southborough and Westborough, was not made.

"This delay is on us," Toomey said. "It's not because of anything Southborough did or didn't do."

It is not the first time the Planning Board has been at odds with EMC. In August 2007, EMC took Southborough to Land Court, alleging the Planning Board did not follow proper procedure in filing an extension for the project's subdivision plan and therefore the plan should have been approved automatically.

The Planning Board, through the town's legal counsel, countered that the town is not forced to approve a plan that violates town regulations just because a proper extension was not filed.

The Land Court did not rule in EMC's favor, which was why the matter was back before the Planning Board March 31.

During the discussion prior to the postponement of the public hearing, Planning Board member Marty Hynes noted that this is the second time there has been an issue involving EMC regarding giving notice to abutters about a public hearing.

Board members Dana Cunningham and Donald Morris wanted it noted that despite the previous issues between the town and EMC, the Planning Board's decision to go along with the postponement of the public hearing shows a willingness to work with EMC regarding the proposed project.

Following the May 5 public hearing, the board will have a 90-day window to make a decision about the project.