Selectmen Acknowledge Stumbling Blocks In Permitting Process; Pledge Improvements
The myriad of permitting challenges facing anyone attempting to set up a business in Groton can be daunting, and this complexity came to a head when Groton Electric Light Department spent more than two years, with their lawyers, engineers, and architects in their attempt to navigate through the permitting process with various boards and committees, and only with the intervention of the Board of Selectmen did the issues, the most visible ones involving the Conservation Commission, finally come to resolution.
The ConCom rejected building designs submitted by GELD for their new facility on Station Avenue because a portion of the building encroached into wetlands edging the property. This might have been abrogated by looking at whether or not the encroachment was outweighed by the public good, but there was no clear definition of 'public good' and thus it was viewed differently by GELD and the ConCom. There were also wetlands delineation discrepancies between the town's GIS system and an on-land survey. GELD then re-submitted more alterations to their plan along with some land donations as mitigation to the ConCom, and ultimately received approval.
As a result of the lengthy process for GELD, the Commissioners told Selectmen in a June meeting that they had "an enormous amount of expenses due to inefficiencies that were incurred by GELD" in their quest to get the necessary permits to construct their new buildings on Station Avenue. At this meeting the Commissioners pegged that additional expense at an unexpected $150K and as a result they were reducing their annual Payment In Lieu of Taxes (PILOT) to the town from $30K to $15K per year.
Sparks flew at this June announcement, with Selectmen lashing out at GELD and putting both elected municipal boards at odds. The one positive result was that Town Manager Mark Haddad and GELD Manager Kevin Kelly agreed to do a post mortem on the permitting process that GELD went through, analyzing what the major issues were and make recommendations for how to create a better process.
Haddad told the Board that he, along with GELD's Kelly, Land Use Director Michelle Collette, ConCom Administrator Barbara Ganem spent several meeting reviewing 50 pages of documents submitted by GELD and 50 pages of documents from the ConCom. In the post mortem report, Haddad said, "We tried to describe what happened, and concentrate on the conclusion" to make the permitting process clearer for the future.
Selectmen Chairman Peter Cunningham described the situation as the "Perfect Storm," adding, "If anything could go wrong, it arose...We need to put the agenda aside and go forward. It is not the intent to throw anyone under the bus. There is no perfect process. We need to improve going forward."
Haddad characterized the effort as a learning process; He cited five areas in the post mortem report with specific recommendations including better communications with applicants with regard to costs, better communication and coordination of permits among relevant boards, flexibility in the permitting process, and appointment of a Wetlands Bylaw Review Committee.
Selectman Stuart Schulman urged residents to read the report with "an open mind and an open heart," and said he thought that it was a great report.
Colleague Anna Eliot stressed, "There is plenty of blame to go around. We always try to help applicants." She added that this is a very congested area of town, noting, "We need to interpret bylaws in a professional, courteous and above-board manner. We have got to take constructive steps forward."
Selectman Josh Degen said, "All have to take ownership - GELD and the ConCom. There are issues on both sides. Let's have closure on both sides and let GELD build what it has planned."
GELD Attorney Bob Collins advised Selectmen that the Commissioners recognized that there was a lot of work and attention that went into this report. "Hindsight is 20-20 about what could be done better. The Commissioners are happy with the report and thank everyone" for their efforts. "This has ended up as a positive experience," he said.
"We are seeking ways to bring everyone together and work in harmony on this," said Conservation Chairman Peter Morrison, and echoed the need for communication among boards and with applicants, and clearer definitions of the wording in the wetlands bylaws.
Chairman Cunningham suggested that the town's legal firm, Koppelman & Paige deliver a seminar to town boards and committees on how to properly conduct public hearings, indicating that these could be scheduled sometime in the fall.
Post Mortem Report Conclusion
"It does not appear that any one issue caused the lengthy permitting process. It was a combination of several issues. Neither the town's permitting boards nor the Electric Light Department is completely blameless for this process. What is clear from this review is that the approval process before the Planning Board, Earth Removal Stormwater Management Committee and Design Review Committee went smoothly and did not cause any additional costs that are not faced by all applicants before town boards.
The major obstacle to this project approval was the issuance of an Order of Conditions from the Conservation Commission. A lack of communication between the applicant and the Conservation Commission caused problems for this project from the onset. Lack of flexibility when considering "the public good" and "adverse impacts" on predisturbed wetlands buffer also caused substantial
