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Middleborough conservation hearing continued on Old Center Street cranberry bog after DEP flags wetland change
Summary
The Middleborough Conservation Commission on Jan. 16 continued a hearing on a notice of intent by Joe Arruda to construct a cranberry bog and tailwater recovery pond at Old Center Street after DEP flagged a prior wetland change and the commission asked the applicant for records or mitigation plans.
The Middleborough Conservation Commission on Jan. 16 continued a hearing on a notice of intent by applicant Joe Arruda to construct a cranberry bog and a tailwater recovery pond within 100 feet of a bordering vegetated wetland and inside FEMA Flood Zone A at Old Center Street (Map 40, Lot 4916).
State Department of Environmental Protection records show a prior wetland change on part of the parcel (wc2-318-39), and DEP staff told the commission the boundary of bordering land subject to flooding is not limited to mapped FEMA zones and may need engineering calculation where profile data is unavailable (citing the Wetlands Protection Act and 310 CMR 10.57). The commission's agent asked the applicant to investigate whether the earlier wetland change had been authorized by a local order of conditions or needs mitigation.
Why it matters: DEP comments and an apparent unpermitted road through a reservoir on the site raise compliance questions the commission said should be resolved before the application is decided. The matter also intersects with a separate Select Board earth‑removal permit that governs timeframes and working conditions.
Tom Morris of Zenith Consulting Engineers described the work as a continuation of a project that received an order of conditions about four years ago and has since lapsed. Morris said portions of the site were rough graded under the earlier permit and that the current filing covers the remaining tasks, including finishing the tailwater pond, installing the confining layer in the bog and placing sand in the bog.
Applicant Joe Arruda told the meeting the work is mostly complete and that his team "expect[s] within a year we'll be completely done with it," adding delays were tied to seasonal water availability and a poor crop year. When a neighbor asked how much work remained, Arruda said, "I would say we're over 80%" finished.
Commissioner and staff questions focused on two items: (1) whether the old road or bog access through the reservoir had ever been permitted—DEP and staff asked the applicant to locate any Army Corps or local records—and (2) how mitigation or compensation for the altered wetland area would be shown on the plan. The commission requested that the applicant either supply documentation of prior permits or include a mitigation plan and show the altered area on revised plans.
The commission voted to continue the hearing to the Feb. 6, 2025 meeting to allow the applicant time to provide permit records or a mitigation proposal. The motion to continue was made by Kerry and seconded by Bart; the roll call recorded members present voting in favor.
The commission and staff repeatedly emphasized that the Conservation Commission's order of conditions, if issued, is valid for three years and that applicants may request extensions; extensions may range from a short period up to an additional three years if requested in time. The Select Board's separate earth‑removal permit can impose a different, shorter timeline for earth removal.
Next steps: The applicant will try to locate prior Army Corps and local records and provide either those documents or a mitigation plan for the road/wetland alteration. The commission will reconvene the hearing Feb. 6 and review the revised materials.
