DEERFIELD — Following months of discussion, the Planning Board unanimously approved the stormwater management and site plan for the town’s North Main Street park project last week.
With those approvals in hand, the town must now wait for the Conservation Commission to approve a notice of intent before moving on with the bidding process for construction. The Conservation Commission was slated to meet Thursday, but commissioners erred on the side of caution and postponed the remote meeting due to the posting of an incorrect dial-in number on the meeting agenda.
As the town has pursued the project, to be located near Frontier Regional School at 137 North Main St., for several years, Attorney John McLaughlin, who is representing abutter Judith Rathbone, has argued town officials are circumventing green development bylaws passed at June 2021’s Annual Town Meeting. The bylaws state an applicant cannot alter more than 40% of a property, but they do not specifically mention municipal projects. McLaughlin argues that municipal projects are implied to fall under the bylaws, but Planning Board Chair Analee Wulfkuhle said Town Counsel Lisa Meade has determined that is not the case.
“Our legal counsel has found precedent that states you can’t imply something that’s not there; it needs to be stated,” Wulfkuhle said by phone. “We felt quite comfortable following legal counsel’s recommendation.”
Wulfkhule estimates that approximately 80% of the North Main Street property will be altered in the project.
The project narrative states the town intends to build the park in phases, with the first focusing on walking paths, multi-purpose fields, picnic areas and planted vegetation. Future phases may include field lighting and an outdoor basketball court. The park is expected to be open from 8 a.m. to 8 p.m., and will hold athletic games and practices for the Recreation Department, as well as outdoor concerts when a bandshell is constructed.
Residents approved a $1.2 million appropriation at June 2020’s Annual Town Meeting for the acquisition of the parcel and construction of recreation fields, foot and bicycle paths, and parking. In October of that year, Special Town Meeting voters approved using an additional $1 million in Community Preservation Act funds to support the project.
Following the Planning Board’s approval, McLaughlin said he and Rathbone are going to “contemplate what we’re going to do” in terms of appealing the decision.
“I’m just disappointed they didn’t discuss some of the issues we raised,” he said.
Wulfkuhle said the Planning Board received little public comment in the form of letters or public comment at the public hearings, which began in January.
“We certainly have been trying to be fair and open to all considerations,” she said. “Hopefully we did our due diligence.”
The Planning Board had closed the public comment portion of the public hearing at the previous meeting, but left the hearing open so board members could ask questions of the engineer and attorney representing the town.
The project now awaits approval from the Conservation Commission before a lengthy bidding process can begin, according to Town Administrator Kayce Warren. There is also an appeal process for both the Planning Board’s and, if approved, the Conservation Commission’s decision, which will must be resolved before bidding can begin.
Chris Larabee can be reached at clarabee@recorder.com or 413-930-4081.