Town, EMC attempting to resolve issues
By Ken Powers Community Reporter

Westborough - Westborough's Town Coordinator Henry Danis expressed optimism at the Feb. 26 Board of Selectmen meeting that Westborough and EMC Corp. could settle the differences between them on their own rather than needing an administrative judge to rule on the issue, involving a potential EMC project.

EMC, which is hoping to construct a 10-building office park on 445 acres of land that stretches between Westborough and Southborough, has appealed, for a second time, the denial of its site plan by the Westborough Conservation Commission (WCC).

The WCC denied the proposed site plan in October 2007 in a report written by Assistant Town Planner Derek Saari, who is also the town's assistant Conservation Commission officer.

The WCC and Saari explained in the report that the site plan was being denied because EMC failed to provide requested information and adequately address the WCC's concerns that construction in the proposed area would irreparably harm a sensitive wetlands area that already has frequent flooding problems.

EMC appealed the WCC denial to the Department of Environmental Protection (DEP), which upheld the denial Feb. 12. EMC then appealed the DEP's upholding of the WCC denial.

It appeared the two sides were headed to a June 10 hearing before an administrative judge, with a Tuesday March 11 pre-screening meeting set up to exchange information, until Danis's optimistic announcement at the Board of Selectmen meeting.

Danis told the board, when asked by Selectmen Chair Susan Abladian the progress of the issue, that the two sides would sit down in the near future and that he was confident that a breakthrough in the stalemate was likely.

"I probably shouldn't have said anything during the meeting, but I just think something's going to get done," Danis said after the meeting. "I think the DEP's decision to uphold our denial sent a message to EMC that they're going to have to provide the documentation requested and prove to us why our concerns about potential additional harm to the wetlands and potential additional flooding to the Flanders Road area of town are unfounded."

Westborough Town Counsel Greg Franks, who also mentioned that the two sides will meet prior to the pre-screening meeting, was not as optimistic about a potential resolution as Danis.

"The meeting is something that's required as part of the process," Franks said. "I doubt anything is going to come of it, but we'll see. Maybe they realize, with the DEP upholding the denial, that our requests and concerns do have merit."

When EMC appealed the WCC decision to the DEP, it claimed the basis for the denial was personal and unprofessional. Saari has stated many times since that revelation that all of the WCC concerns are based on the interpretation of environmental law.

Franks said that when the meeting with EMC happens, it will be attended by himself, Danis, Saari and Town Planner Jim Robbins.

"It's possible EMC will drop its appeal, provide us with the requested information and ask us to reconsider the site plan," Franks said, "but I don't anticipate this issue going in that direction."

Legal representatives for EMC did not respond to voicemail and e-mail messages left for them seeking comment on this issue.