By MARK SARDELLA
WAKEFIELD — In a written decision submitted last week to the Massachusetts Department of Environmental Protection (MassDEP), the Wakefield Conservation Commission detailed the reasons for its denial of Northeast Metro Tech’s Notice of Intent to build a new vocational school on a parcel of school-owned land in a wooded area off Hemlock Road.
The Commission voted unanimously to deny the project at its meeting on May 16, but did not articulate its reasons at the time. NEMT’s application had been the subject of seven months’ worth of public hearings before the Wakefield Conservation Commission.
In its written decision, the commission maintains that “the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued.”
The commission cites relevant provisions of the Wetlands Protection Act (WPA) as the authority for the denial of the Notice of Intent.
In its “Summary of Decision,” the Conservation Commission states: “The Applicant seeks an Order of Conditions to construct a new school building along with the installation of driveways, utilities, parking lots, stormwater management and site grading, on a parcel of land (“Property”) comprising approximately 60 acres.
“In the existing condition, no developed areas (no buildings, pavement, impervious) are present on the Project site south of Hemlock Road. The Property contains regulated Land Under Waterbodies and Water Ways, Inland Bank, Bordering Vegetated Wetland, and associated Buffer Zone and Riverfront Area.
“The Wakefield Conservation Commission received guidance of a third-party peer reviewer, BSC Group, Inc. (BSC) in the review and evaluation of the Project for compliance with the Act and Regulations and Stormwater Management Standards.
“For the reasons set forth during the Commission’s review, discussion, and deliberation at the aforementioned hearings, and for the reasons set forth below, that Commission finds that the Project does not satisfy the requirements of the WPA and the Regulations and cannot be conditioned to protect the Interests of the Act, thus, the Commission unanimously voted to:
DENY the Project under the Act and Regulations.”
The ConCom decision goes on to state: “The majority of the Project Site is designated as Core Habitat and/or Critical Natural Landscape. The portion of the Site closest to the Saugus River is designated as Aquatic Core. Both the Forest Core and the Rare Species Core encompasses most of the Site south of Hemlock Road.”
In addition, the commission concluded that: “Based upon the evidence, the Conservation Commission has determined that proposed work in the Buffer Zone will alter Bordering Vegetated Wetlands. The Project does not meet the performance standards for work resulting in a loss of BVW (310 CMR 10.55(4)(b)), as no replacement has been proposed.
The Conservation Commission further determined that: “The Applicant has not demonstrated that the proposed work in the Buffer Zone will contribute to the protection of the wetland’s capacity to prevent pollution. Furthermore, based upon the evidence, the Commission has determined that the proposed work in the Buffer Zone will not only alter the adjacent BVW, but also will adversely affect the ability of the wetland to contribute to the prevention of pollution.”
In addition, the Conservation Commission has determined that: “The Applicant has not demonstrated that the proposed work in the Buffer Zone will contribute to the protection of the wetland’s capacity to protect wildlife habitat. … The Commission has determined that proposed work in the Buffer Zone will not only alter the adjacent BVW, but also will adversely affect the ability of the wetland to contribute to the protection of wildlife habitat.
Regarding storm water management on the proposed site: “The Conservation Commission has determined that Applicant has not demonstrated that the work, including the stormwater management system(s), proposed in the Buffer Zone will contribute to the protection of the wetland’s capacity to protect the Interests of the Act.
“Based upon the evidence, the Commission has determined that proposed work in the Buffer Zone, including the stormwater management system(s), will not only alter the adjacent BVW, but also will adversely affect the ability of the wetland to protect ground water supply, flood control, prevent storm damage, prevent pollution, and protect wildlife habitat.
“Based upon the evidence, the Conservation Commission has determined that proposed work in the Buffer Zone will alter Bordering Vegetated Wetlands. The Project does not meet the performance standards for work resulting in a loss of BVW (310 CMR 10.55(4)(b)), as no replacement has been proposed.
Northeast Metro Tech is expected to appeal the Conservation Commission’s denial of the project.