Gas station plan threatens town water, says superintendent

Karen McCarthy Eger

Berwick resident Pat Boisvert and South Berwick Water District superintendent Ryan Lynch discuss concerns about a proposed gas station and convenience store to be located on Route 4 in Berwick near South Berwick water well fields, posing what Lynch says is a potential contamination threat to South Berwick’s public water supply. (Staff photo)

A proposed gas station and convenience store in Berwick poses a threat to the South Berwick water supply, according to the South Berwick water superintendent and engineering consultants hired by the water district.

“This is a very sensitive area and we need to do more than just meet minimum standards, but should be using the highest possible standards to reduce the risk [of contamination] as much as possible,” said Ryan Lynch, South Berwick water superintendent.

A proposed Stop N Go store at 355 Portland St. on Route 4 would be 3,750 feet from the South Berwick Water District Junction Road well, which is less than the 4,000-foot setback required by South Berwick Water District regulations.

Lynch asked the Berwick Planning Board at its April 18 meeting to deny the application because the plan would pose a potential contamination threat to South Berwick’s public water supply.

Representatives of the developer, Kevin Patel of Dover, NH, contend the plan meets all Berwick land use ordinance standards for the project and should be allowed to proceed because the area is not highlighted for aquifer protection on the Berwick shoreland zoning map.

The underlying area has “potentially fractured bedrock,” according to research done in 1994 by Caswell, Eichler, & Hill, a report Lynch presented to the board on March 21. The South Berwick Water District well protection plan requires that any development activity threat be at least 4,000 feet away from fractured bedrock.

The plan was introduced to the Berwick Planning Board in October 2023 by Wayne Page and Ken Wood of Attar Engineering, acting on behalf of property owner Patel, who owns other stores in Maine. The board voted unanimously at that time that the plan met the standards of the Berwick land use ordinances, according to board minutes.

Ten abutters and residents spoke at a Nov. 16 public hearing, more than half of them with concerns about water quality.

Both Attar Engineering and the South Berwick Water District submitted documentation at the March 21 and April 18 board meetings supporting their opposing positions, including engineering designs, hydrological assessments and legal opinions from lawyers.

Research commissioned by the South Berwick Water District and done by Wright-Pierce engineering firm of Portland concluded the gas station “poses a significant threat for groundwater contamination of both the Junction Road Well and the Blackmore Well field,” according to Berwick Town Planner Hannah Watson in her April 10 report on Wright-Pierce’s research.

Watson noted, however, that Berwick does not have its own regulations regarding protection of this wellhead and is not bound by South Berwick’s regulations. “Although the proposed gasoline filling station is within the 4,000- foot radius established by South Berwick’s wellhead protection regulations, these regulations do not cross town boundaries,” she said.

Patel will have to apply for a permit from the Maine Department of Environmental Protection to operate a business that involves underground storage of hazardous materials, which must be located at least 1,000 feet from a public drinking water well under state regulations, Watson wrote in her April 10 submission to the planning board.

The South Berwick Water District oversees four well fields, with the Blackmore well located in Berwick and the other three in South Berwick. The district supplies water to 1,400 South Berwick homes and businesses and 10 residences in Berwick, according to Lynch. The Blackmore sits 3,000 feet from the gas station site.

Lynch said he plans to meet with Maine Water Company, which runs the Berwick Water Department, to develop recommendations for stronger aquifer protection, such as putting monitoring wells near the business, if it is approved, to sample groundwater for petroleum releases and using triple-lined underground storage tanks.

Lynch said he hopes to meet with Patel and his team to discuss their willingness to put in place these additional recommendations if the application is approved, and said he will also work with the town of Berwick to strengthen aquifer protection for that area.

“It makes sense,” said Berwick Town Manager James Bellissimo. “We want to be good neighbors, and have consensus about what is best for an area.”

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