Griffin's Dairy Opposition

What is a "Limited Project" under the Wetlands Protection Act?

During the January 22, 2007 meeting between the Board of Selectmen and the Middle
School Site Selection Committee a member of the Conservation Commission stood up and
stated "...they are allowed to go over 5000 (square feet of wetlands alteration) with a filing
called "Limited Project".
Video clip attached (ed: not available)

FACTS
Under the Wetlands Protection Act, MGL c.131, s.40, the Conservation Commission has
the discretionary authority to authorize up to 5000 square feet of wetlands to be altered
in any given project. Over that 5000 square feet the project MUST BE DENIED. These
altered wetlands must be replicated elsewhere on the project as you will never simply get
rid of the wetlands.

In cases where there is NO REASONABLE access to upland areas, except thru wetlands,
there is a provision in the regulations that allows the Conservation Commission the
authority to exceed that 5000 square foot threshold.

I refer you to 310 CMR 10.53:(3) which states....

(3) Notwithstanding the provisions of 310 CMR 10.54 through 10.58 and 10.60, the
issuing authority may issue and Order of Conditions and impose such conditions as will
contribute to the interests identified in MGL c.131 s.40 permitting the following limited
projects (although no such project may be permitted which will have any adverse effect on
specified habitat sites of rare vertebrate or invertebrate species, as identified by
procedures established under 310 CMR 10.59). In the exercise of this discretion, the
issuing authority shall consider the magnitude of the alteration and the significance of the
project site to the interests identified in MGL c.131, s.40, the availability of reasonable
alternatives to the proposed activity, the extent to which adverse impacts are minimized,
and the extent to which mitigation measures, including replication or restoration, are
provided to contribute to the protection of the interests identified in MGL c. 131, s.40.

I have attached a map indicating all UPLANDS based on the Town of Abington's Wetlands
Plan.

In my humble opinion.
Based on this provision of the regulations there is no portion of Griffin's Dairy in which NO
REASONABLE access to the uplands isn't available. Limited Project status does not
apply. You have reasonable access to all uplands based on the Town of Abington's
Wetland Plan from Plymouth Street and from Pattison Street based on that plan. Even
though the wetlands delineation is disputed.

See the attached map for the end results of a "Limited Project" filed on Griffin's Farm,
which in my humble opinion upon APPEAL to DEP will be stated as PROJECT DENIED.

For mor information about Wetlands Regulations go to 310 CMR 10.00 Part A
Mass DEP :: Water :: Laws and Rules :: Regulations & Standards

In my humble opinion to allow such an act to occur is simple wanton destruction of our
wetlands resources.

SAVE GRIFFIN'S FARM
Preserve open space

Jim Dombrowski
28 Temple Street
Abington