If You Have A Local Track...Be Greatfull

DEP to inspect proposed Charlton motocross site

By Craig S. Semon
Telegram & Gazette Staff

Posted Nov. 13, 2015 at 6:00 PM
Updated Nov 13, 2015 at 7:01 PM

CHARLTON - The state Department of Environmental Protection will inspect the site of a proposed motocross project next week.

The inspection of the controversial Sunset City project is a result of a request last month by Jonathan Sanborn and a group of Charlton residents, who appealed the order of conditions issued to Sunset City by the town Conservation Commission.

“We have serious concerns about the potential environmental impact" of the project, Mr. Sanborn said in his appeal. “After reviewing the Order of Conditions…, it is clear that the Order does not sufficiently address environmental concerns.”

"This is just yet another attempt to use taxpayers' dollars to fight their campaign of fighting any development in Charlton," said Russell G. Jennings, one of Sunset City Inc. partners, developers and landowners. "I have talked to DEP numerous times throughout the process of approval on this project. As the Charlton Conservation Commission and DEP are both aware of, they have an open-door policy with us. They can come out anytime."

According to the DEP, the purpose of the site inspection is to determine the significance of the area under the state Wetlands Protection Act and to informally discuss issues relevant to the proposed project.

No construction can begin until all appeals are completed, according to Gary Dulmaine, environmental analyst in the DEP's Bureau of Water Resources.

Conservation Agent Todd P. Girard reviewed the plans, performed a site study and worked with the DEP regarding compliance with state regulations.

At the Conservation Commission’s Sept. 3 meeting, Mr. Girard said the developer had satisfied his and the state’s concerns with its plan to develop the driveway and wetlands replication first, the motocross track second and the campground as the final phase.

The Wetlands Protection Act sets a protective distance of 100 feet from wetlands for building or disturbing land surrounding a wetland. When a developer plans a project that includes work inside a wetland, or encroaches on a wetland, the Conservation Commission is responsible for reviewing the project to ensure it meets state regulations.

A group of Charlton residents filed an appeal to request that the DEP issue a superseding order of conditions that requires “a more cautionary approach” than the order issued by the Conservation Commission.

In the appeal, Mr. Sanborn alleges the Sunset City proposal includes a large amount of development inside protected wetlands. According to Mr. Sanborn, 14 wetlands are inside the 150-acre project. Much of the construction is concentrated over these wetlands, instead of being located away from the wetlands, he said.

On Sept. 16, the Conservation Commission approved a Sunset City application to disturb 538 square feet of wetlands to install a driveway campground and motocross park on land off Brookfield Road. The wetlands loss would be replaced with a 1,081-square-foot replication nearby.

Mr. Jennings insists the main reason for the project's location is to provide a buffer from neighbors.

"We've done alternative analysis on the project, being that the motorcross track was located closer to some of neighboring homes. Now, we've moved it," Mr. Jennings said. "We determined that it would be too close for comfort for ourselves and our neighbors. So, in the best interest of our neighbors and ourselves, that is where the project is designed today.

Mr. Sanborn said the Conservation Commission was not taking a precautionary approach to protecting wetlands and wildlife habitat.

"The Conservation Commission follows the rules and regulations that are established. That's what they have to do legally," Mr. Jennings said. "If they try to enforce more strident laws and regulations than they are legally able to do, the applicant would have to sue the town."