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Commission briefed on ongoing appeal over 44040 Central Street permit; stormwater calculations and riverfront degradation contested
Summary
Commission staff updated members on abutter appeals of the 44040 Central Street permit. Appellants' consultant disputed infiltration‑basin capacity for a 100‑year event and challenged staff/peer findings on riverfront degradation. DEP/agency review and potential judicial escalation were described as possible next steps.
Staff updated the commission on an appeal of the permit for 44040 Central Street after a site visit with MassDEP and the applicant. Appellants engaged an independent stormwater consultant who raised questions about whether the project’s infiltration basins could accept the modeled volume of runoff during a 100‑year event, and whether that volume could overflow and cause downstream flooding.
The appellants also contested the commission’s and staff’s assessment of riverfront condition and whether the work proposed within the riverfront constitutes an improvement — a threshold condition for permitting under local resource‑area rules. Staff said the peer reviewer (Beta) and town peer review had previously examined many of the stormwater and riverfront issues, and that the appellants’ new material is being routed to staff and Beta for review.
Staff outlined the procedural pathway: DEP or the relevant agency reviewer (D) will issue findings; those findings can be appealed within agency review processes and ultimately to the Land Court. Staff cautioned that while drawn‑out appeals are possible, this project originally received approval (rather than denial), so the length and outcome of litigation may differ from long‑running cases elsewhere.
Commissioners said they will monitor the peer‑review responses and any agency findings and noted that additional evidence may be required before any final determination.
