HADLEY — Consultants working for the state’s Department of Transportation are pressing ahead with getting approvals from the town’s Conservation Commission so a Route 9 widening project can be put out to bid in September.
But with the Select Board reducing the commission from seven to six members on July 7, and two commissioners resigning in protest over the decision to remove its chairwoman, Paulette Kuzdeba, there is doubt about whether the four members who continue to serve can issue a legally binding order of conditions, which would withstand an appeal, for the roadwork.
Despite a KP Law attorney at the Conservation Commission’s July 13 meeting advising town officials that an order of conditions related to wetlands along the state highway might not be legally enforceable, due to the commission’s current makeup, the state’s team informed commissioners that they will not be restarting the hearings process.
Sam Campbell, an environmental scientist with Greenman-Pedersen Inc. of Southbridge, told the commission that his interpretation of state law, reading from an article published by the Massachusetts Association of Conservation Commissions, is that an order of conditions can be issued by three of the remaining four members. Filing the application over because three commissioners are no longer on the panel is not feasible, he said.
“The timeline is too tight,” Campbell said.
KP Law attorney Jeffrey Blake said the concern in taking such action is that only three commissioners would be able to vote on the order of conditions, based on participation in prior meetings on the state highway project. Though one member missed multiple meetings, another only missed one and can use what is known as the Mullins Rule, which allows members of adjudicatory boards in Massachusetts to cast a vote after watching a recording or reading the transcript of a missed meeting.
Blake said the safest way to proceed would be to redo the hearings process.
The latest plans for the $25 million project on the 2.4-mile-long stretch of road show three 11-foot vehicle travel lanes — one in each direction and a dedicated turn lane. There also will be an 8-foot-wide multi-use path on both sides, with protection for this with a 6½-foot green buffer and curb. Various intersection improvements are also proposed. The project is scheduled to begin next year.
State DOT spokesman Kristen Pennucci said contractors will be able to begin bidding for the project before fall.
“The Route 9 / Hadley project is currently scheduled to be advertised in September 2021,” Pennucci said.
The commission was set to meet July 22, when the consultants will ask that the hearings be closed. After that, the commission will have 21 days to write its order of conditions.
Commission member Edwin Matuszko said he is concerned with the consultant’s rush to get a positive decision. Conservation staff member Janice Stone, who intends to resign from the job at the end of the month if Kuzdeba is not reinstated, will be responsible for much of that work.
Stone wrote in an email that just 10 residents could sign an appeal to the commission’s decision to force a review by the state’s Department of Environmental Protection.
Coinciding with the project will be the replacement of town water and sewer lines, with Town Meeting appropriating $925,000 for this work. Town Administrator Carolyn Brennan said a MassWorks Infrastructure Program grant has been submitted and is under review.
As the July 13 meeting came to an end, Gary Pelissier, acting as chairman, expressed frustration at the Select Board. He said the commission was blindsided and never had the chance to address any of the alleged issues or complaints, observing that he has served on the commission for 35 years.
“I’m extremely upset at what happened,” Pelissier said. “They chopped us off at the knees.”
Though the Select Board has faced criticism for its decision, from current and former elected officials, it has also received written responses from residents in support, some related to campsites along the Connecticut River.
In his letter, Jason Goodhind of Meadow Street wrote about the difficulty residents face in maintaining properties due to the commission.
“Moving forward I hope to see the Conservation Commission help residents figure out how to best use their land while maintaining state laws that have been set,” Goodhind wrote.
