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Property owner presses commission on town-installed culvert; applicant withdraws RDA at 22 Old Main Street
Summary
At a June 4 Dennis Conservation Commission hearing, the owner of 22 Old Main Street said an apparent town-installed headwall and culvert have channeled untreated road runoff onto his lot for decades. The applicant withdrew the RDA to refile with a focus on locating the origin of the headwall and possible remediation.
The Dennis Conservation Commission on June 4 heard an owner’s account that a town-installed headwall and culvert have routed untreated stormwater onto his property at 22 Old Main Street, prompting an applicant-initiated withdrawal so the matter can be refiled with a narrower focus.
Paul, the applicant’s consultant, opened the item and told the commission his review of town and DEP files turned up no permit for the headwall and culvert, which he said discharge road runoff into the 50-foot buffer and adjacent vegetated wetland. He described the feature as having been installed sometime around 1991 and said: “The town culvert discharges volumes of untreated stormwater runoff directly onto this property and into the down gradient bordering vegetated wetland.”
Property owner Brian Sullivan told the commission he bought the lot in 1996 and recounted multiple inspections and conversations with town staff. Sullivan said the town’s work — including an installed headwall — has altered drainage and expanded an isolated wetland on his land. “Why in God's name would we put water onto our own property? We wouldn't,” he said, arguing the culvert is responsible for increased groundwater and wetland area and asking the commission to pursue the origin of the headwall and remediation.
Several commission members and staff said engineering records do not show a permit for the culvert and that the feature might predate the Wetlands Protection Act or town permitting. Commissioner Bill Norman recommended researching historical topography and photographs to determine whether drainage onto the property predated the road or culvert installation. Norman said: “Whether the amount of drainage onto your property increased after the culvert was put in, Paul can do some or a hydraulic engineer can do some calculations to determine whether there was more runoff onto your property after the culvert was put in.”
Sullivan repeatedly asked the commission to investigate and to seek cooperation from the highway department; the hearing at times grew heated and included accusations about past approvals on nearby properties. After discussion, the chair recommended and commissioners approved a motion to allow the applicant to withdraw the current RDA filing "without prejudice" so the applicant can return with a filing targeted at the headwall’s origin and proposed remediation.
The commission did not make a determination on wetland boundary changes at the June 4 meeting; the record shows the RDA withdrawal was approved and that staff, the applicant and consultants were advised to gather historical maps, engineering records and consider a hydraulic analysis before returning. The commission said the applicant may refile and that any subsequent filing will be considered on its merits.
