BURNS AVE. 40B DECISIONS AND UPDATES

Wetland Protection Act Decisions

 

Residences at Burns Ave. -Burns Avenue and Brook Lane- DEP #315-1233

A 40-unit development located at the end of Burns Avenue and Brook Lane proposed to be constructed within a portion of the riverfront of Pickeral Brook and the 100-foot buffer zone of wetlands associated with Traphole Brook (a cold water fisheries). The project is a Chapter 40B filing therefore it is filed with the Zoning Board of Appeals for review of the local zoning bylaw requirements including the Walpole Wetland Protection Bylaw. See ZBA website for additional information. The Applicant is required under the MA Wetlands Protection Act (WPA) 310 CMR 10.00 to file with the Conservation Commission under the jurisdiction of the WPA and regulations. This is a separate permit from the 40B comprehensive permit.

The Conservation Commission issued an Order of Conditions on 12-11-2020 approving activity within 13,614 s.f. of degraded riverfront area and within 100-foot buffer zone of Bordering Vegetative wetlands. The request to alter an additional 4997 s.f. of non-degraded riverfront area was denied.There is a ten (10) day appeal period at which time the Order of Conditions may be appealed to DEP.

The Conservation Commission's Order of Conditions was appealed by the Applicant and DEP issued Superseding Order of Conditions (SOC) May 3, 2021 see copy below.

The Applicant filed a Request to Amend the DEP 315-1233 SOC plan, An advertisement will be posted in the Hometown Weekly interested parties will have 21 days to make comments to DEP. Comments can be sent to DEP-SERO, Dan Gilmore 20 Riverside Drive, Lakeville , MA 02346. See pdf of plans below. A revised SUP-B plan submitted by Applicant 10-20-22 for DP review.

Residences at Burns Ave. -Burns Avenue- DEP #315-1200- Currently has a Superseding Order of Conditions issued by DEP

A 32-unit development located at the end of Burns Avenue proposed to be constructed within the riverfront of Pickeral Brook and the 100-foot buffer zone of wetlands associated with Traphole Brook (a cold water fisheries). The project is a Chapter 40B filing therefore it is filed with the Zoning Board of Appeals for review of the local zoning bylaw requirements including the Walpole Wetland Protection Bylaw. The Applicant is required under the MA Wetlands Protection Act (WPA) 310 CMR 10.00 to file with the Conservation Commission under the jurisdiction of the WPA and regulations. This is a separate permit from the 40B comprehensive permit.

The Order of Conditions issued by the Walpole Conservation Commission was appealed by both the Applicant and the Abutters.  Department of Environmental Protection (DEP) has 70 days under 310 CMR 10.05(7)(f) to issue a superseding Order of Conditions either affirming the Conservation Commission's Order of Conditions, deny the Order of Conditions, or issue a  Superseding Order of Conditions with modified conditions. DEP will notify the Applicant with 30 days of receipt of the request if additional information is necessary. See the attached documents below.

Timeline:

1) The Conservation Commission held hearings on the Notice of Intent (NOI) filed 3/19/19

2) Closed the hearing on 10/09/19

3) issued an Order of Conditions 11/04/2019

4) Abutter Appealed the Order of Conditions 11/12/2019

5) Applicant Appealed the Order of Conditions on 11/15/2019

6) Site visit with DEP 12/12/2019

7) DEP SERO is in the process of review the appealed items and will issue a Superseding Order of Conditions when review is completed

8) DEP issued a Superseding Order of Conditions (SOC) 2-20-2020

9) Wallstreet Development Requested to Amend the SOC plans April 23, 2020 - 

10) Request to Amend SOC advertised May 6, 2020 in Times Advocate - 21 day comment periods begins on this date. See plans before.

11) DEP Denied Wallstreet Developments request to Amend SOC DEP #315-1200 stating that the changes were not minor and require the filing of a new Notice of Intent.

12) Wallstreet Development filed new NOI and Plans for review with the Walpole Conservation Commission. This starts the review process over again with the Walpole Conservation Commission. A scheduled hearing is pending. Please review plans for this filing under Applications and Plans under Review tab at left on main screen.