ADAMS, Mass. — The Conservation Commission wrapped up the Cumberland Farms notice of intent request with an approval Thursday, May 13.

 

The public hearing on the convenience store's plans to construct a new store and gas pumps on Commercial Street within the Hoosic River buffer zone had been continued from last month.

 

"It is unanimous," Chairman James Fassell said. "All of this is pretty good." 

 

The meeting was cordial and all parties were in agreement with the proposed conditions.  

 

Wetlands scientist Emily Stockman ran through a list of conditions with which Cumberland Farms had no qualms.

 

Stockman pointed to one more complicated condition that would mandate the convenience store contribute to an offsite riverfront mitigation project

 

"I think that is something that we have not fully vetted, but we are more than prepared to talk through it tonight in hopes that we can get a possible recommendation from the commission," engineer Luke Distefano said. 

 

The project up for discussion would be the Pecks Brook Stream Bank Enhancement Project, a project already on the town's radar.

 

Stockman said the project looked good. The perineal stream is a cold water fishery.

 

"It is my opinion that this is a suitable site for mitigation," she said.

 

Donna Cesan, with the town's Office of Community Development, said this is largely a town project that the town would design and put out to bid. Although Cumberland Farms will be involved, its biggest contribution would be funding.

 

Stockman said typically the state does not look kindly upon simply cutting a check to fund a riverfront mitigation project.

 

Cumberland Farms representatives and Cesan outlined some aspects of the agreement and they felt it was clear that any funding is tied to a very real and timely project.

 

Cumberland Farms would only receive a partial certificate of compliance upon completion of its own work. The full certificate of compliance would be awarded after all work is complete. Cumberland Farms would be allowed to open with a partial certificate 

 

The commission tabled a discussion about a state Department of Environmental Protection complaint at 101 Grove St., Duke's Gravel Pit. There was an anonymous complaint that there was excavation work being conducted in the riverfront buffer zone of an intermittent stream.

 

Commissioner Tom Robinson said questionable photography was used to determine this violation. He said it was not clear where the stream was from the photos.

 

"What I saw was DEP using photography to look into someone's back yard in order to determine a violation and a questionable violation," he said. "When DEP is flying around taking pictures of violations no bigger than someone throwing leaves down an embankment with an intermittent stream at the bottom. This is ridiculous. If they have this much time they need to find something better to do."  

 

He added that he felt the DEP was passing the buck to the commissioners and asking them to take on the violation.

 

"A volunteer board getting involved in something like this is crazy," he said.

 

Robinson felt there may be a neighborly dispute. Someone that has a problem with the gravel pit owner may have been trying to get them in trouble.

 

"They want to use us a tool. I have seen it before on this board," he said. "Neighbors trying to turn each other in for something. I don't think we should play that role,"

 

He said their job is to protect residents, not "throw them to the wolves."

 

Fassell first thought they should continue the conversation and maybe invite those involved to a meeting. However, the commissioners eventually agreed to table the item indefinitely. They felt if it was a real issue the concerned individual could have brought it directly to the commission and not submit an anonymous complaint to the DEP.

 

The commission said goodbye to member Brian Bishop, who tendered his resignation.

 

"Brian came to us looking for something to do and we certainly gave him that," Fassell said.

 

Robinson also handed in his resignation but will stay on until Oct. 1 or until someone is selected to replace him.