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Templeton commission continues two hearings; notes DEP appeal, drought status and other project updates

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Summary

At its Jan. 13 meeting the Town of Templeton Conservation Commission continued two pending Notices of Intent, reported a MassDEP appeal that requires an NOI for a retaining wall, noted a regional drought-status change, and reviewed notifications about a gravel pit stabilization NOI and a forest-cutting plan overlap concern.

The Town of Templeton Conservation Commission on Jan. 13 continued two public hearings and reviewed several project and resource updates, including a MassDEP appeal that converts a previous negative determination into a requirement for a Notice of Intent.

The commission voted to continue consideration of a pending Notice of Intent for work that would construct a driveway crossing a wetland and install a septic system (file number pending) at a property identified as "50th Road 2-07-020.08." No representative appeared at the hearing; commissioners voted to carry the item to the next month's meeting.

Separately, the commission continued a separate Notice of Intent (file no. 304-0397) for 66 Rainbow Drive, a proposal to construct a 20-by-20-foot deck within the 50-foot buffer to a wetland. The commission's agent reported the application remains incomplete: staff are missing proof of abutter mailings and a filing fee. George Andrews, speaking as the commission agent, recommended continuance to allow the applicant to provide the missing materials. The motion to continue was made and seconded; the roll-call vote recorded all members present voting to continue.

Commission staff reported that the Massachusetts Department of Environmental Protection (MassDEP) has appealed a negative determination previously issued for 80 and 81 Rainbow Drive related to a retaining wall. Following a site walk attended by staff and two commission members, MassDEP has directed the applicants to file a Notice of Intent for the proposed retaining wall; the commission said it will treat that matter as an NOI moving forward.

The commission also noted that the Massachusetts Central Region drought status has been adjusted from "critical (level 3)" to "significant (level 2)." The staff update did not include local restrictions tied to that change; commissioners made no new motion in response to the drought update.

Other informational items: commissioners received a copy of an NOI for a gravel-pit stabilization project in Gardner and reviewed an overlay concern involving a forest-cutting plan and an existing commission order of conditions for property on Queen Lake Road (Carol Ackerman property). The commission said it will overlay the forest-cutting plan on the order of conditions to ensure the cutting plan's work does not encroach on the commission's limit of work; the commission plans to follow up with the state forester and report back.

Actions: motions to continue the two hearings carried by unanimous roll-call votes. No other formal permits were issued or denied at the meeting.