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Developers provide dry-stream photos; commission orders peer review and site visit for 177 Summer Street ANRAD
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Summary
An applicant filed new photo evidence suggesting a stream on the 177 Summer Street property is intermittent rather than perennial; the commission voted to obtain peer-review quotes and continue the hearing to Feb. 20 for additional documentation and a site walk.
The commission agreed to seek independent review and continue an abbreviated notice of resource area delineation (ANRAD) for 177 Summer Street after applicants submitted photos and documentation indicating portions of the on-site stream were dry during several observations.
John Zimmer of South River Environmental summarized the property's history: earlier reviews (during 2023 NOI activity on subdivided lots from the larger 177 parcel) had treated the stream as perennial after stream stats and consultant reviews. The current applicant (Timothy Hasham of Lex Development) provided July–August field photos showing the channel dry on multiple dates. Per 310 CMR 10.58, a stream may be deemed intermittent if it is shown to be dry on at least four days within a 12-month period under non-drought conditions; DEP requested photo-point locations, field observation maps, signed field notes and confirmation that stream measurements were not affected by impoundments or withdrawals.
Commission staff and commissioners said portions of the stream had been peer-reviewed previously for adjacent lots but not across the entire delineation line now under review. Commissioners requested a formal response to DEP's comments, a map of photo points and verified field notes. On the commission's motion, Tricia was authorized to obtain at least three peer-review quotes; the hearing was continued to Feb. 20 and a site visit was scheduled. The commission noted that previously issued Orders of Conditions for the subdivided lots would remain in force unless future owners requested changes; any future modifications to those approvals would require separate filings.
