TEMPLETON — At its August 18 meeting, the Templeton Conservation Commission reopened the hearing for Notice of Intent 304-0400, a proposal to replace a deteriorating access bridge over an intermittent stream at 325 Baldwinville Road, using the same 9-foot span.
Following a unanimous vote to reopen the hearing at 6:37 p.m., Conservation Agent Jessica Case introduced engineer Matt Marro, who appeared on behalf of his clients. Case noted that since the previous meeting, the Massachusetts Department of Environmental Protection (DEP) had “issued a file number, file number 304, and some comments” regarding the bridge replacement project. She explained that she would read the DEP’s comments into the record before giving Marro a chance to respond.
(Photo Credit: screenshot from TCTV’s YouTube channel)
The comments submitted by MassDEP that Case read into the record were as follows:
- “The applicant should submit the methods of resource area delineation for commission review.”
- “MassDEP recommends that the commission verify wetland boundaries in the field.”
- “Based on aerial imagery of the site and those photos provided as part of the application that areas of the proposed crossing appear as though they may meet the definition of an intermittent stream and therefore possess bank resource area.”
- “Removal of vegetation constitutes an alteration as defined in 310 CMR 10.04 and that BVW [Bordering Vegetated Wetland] replication would be required if these areas meet the definition of the BVW resource.”
Marro responded that he had already spoken with the reviewer.
“Normally, they don’t ask for delineation sheets on something this small,” Marro said, noting that “the photographs clearly show very, very light amount of BVW on both sides.” He added that the reviewer “didn’t realize this even though I said it in the narrative. The narrative states explicitly that this was a pre-existing crossing that is simply being replaced in kind.”
According to Marro, the applicant began replacing the bridge ahead of filing, but “all of the action on the property stopped” once he was advised a filing was required. Marro said he assured the state that the new plan would have “maybe plant some BVW vegetation along the sides, something like, you know, shrubs in one area just to give it a vegetative buffer. Really all that’s happening is he pulled the old one out, he’s putting a new one in.”
Marro said the stream was too small to justify the cost of conducting a full stream crossing standards analysis, explaining that it would cost hundreds of dollars to analyze a stream that small for the type of replacement work his client was undertaking.
After responding to MassDEP’s comments, Chairman George Andrews said, “Don’t think that water is running now.”
Marro agreed, explaining that the stream “rarely ever does” run, adding, “It does receive waters, but I call it more of ‘inferral’ (i.e. inferred to exist) than I do intermittent, meaning it runs mostly in the spring and maybe in the fall if it’s extra wet.”
Chairman George Andrews remarked, “So, it’s probably more of a drainage, more on that side.”
Marro said he had observed some wetland vegetation near the stream but did not conduct a soils analysis due to the limited size of the area. “We assumed it qualified because I did see some wetland vegetation around it,” he said. “I didn’t do a soils analysis—it was the teeniest of strips, and it was roadside. I assumed there was a wetland it was draining from. The state seems to agree with that assessment.”
Marro told the commission that the Massachusetts DEP had no objections to the proposed bridge replacement and would not intervene if the commission approved the project. “If you guys issue an order, they won’t intervene,” he said, adding that if questions arise, the agency would contact Conservation Agent Jessica Case or himself.
Commissioners expressed support, noting the minimal impact and improved design.
“I mean, I don’t have a problem. He’s replacing something that was there before,” Commissioner Jo-Anne Burdin said. “I mean to me it’s a minimal impact…and the new bridge he’s putting in is a lot better than the old bridge.”
Burdin then moved to issue an order of conditions, the permit required under state law for work near wetlands, which was seconded by Commissioner Dave Symonds. The motion passed unanimously.
