Powder Mill Square needs variance
   Developers of the proposed Powder Mill Square project will be required to seek a variance from the town's Zoning Bylaw, due to inconsistencies between the town bylaws and federal regulations.
   Conservation Commission members continued Thursday's public hearing for the project until Jan. 4. Meanwhile, developers will seek status as an aggrieved party by a decision from The Inspector of Buildings, and a variance from The Zoning Board of Appeals in determining whether their proposed building should be flood-proof or waterproof.
   Local zoning requires a building in the flood plain to be waterproof, or not allow water to enter the walls of the building, while federal laws would require the building to be flood- proof.
   A flood-proof building would allow water to flow through it so pressure does not build up on the inside, says Inspector of Buildings Kaija Gilmore.
   According to attorney Bob Lavoie representing the project, the Inspector of Buildings required a variance for the project because she does not have authority to waive the local zoning bylaw, despite the conflicting federal law.
   Meanwhile, developers are working with Town Counsel in drafting an agreement which would give the town permanent rights to flood the property when necessary. The unusual agreement, deemed "creative" by Conservation Commission member Paul Finger, may have to be approved by the state Department of Environmental Management.
— Rebecca Lipchitz