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Needham commission ratifies enforcement order for disturbance at 27 Bell Lane
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Summary
The Needham Conservation Commission voted unanimously to ratify an enforcement order requiring plantings, monitoring and permanent demarcation after unauthorized disturbance to the upland forested buffer at 27 Bell Lane.
The Needham Conservation Commission on Sept. 11 ratified an enforcement order addressing unauthorized disturbance to the upland forested buffer at 27 Bell Lane and set conditions for remediation. The commission required the property owner to complete planting, install permanent demarcation and submit two years of monitoring documentation.
The enforcement order was prepared under the commission's local bylaw; commission staff said the site is not within Wetlands Protection Act jurisdiction but is covered by a local order of conditions. Deb Crossley, a staff member who drafted the letter for the commission, told members: "This is just under our bylaw because, there isn't any Wetlands Protection Act jurisdiction." She said the draft requires two years of monitoring once plantings are installed and calls for a total of five permanent bounds to define the upland area, noting the property's existing order of conditions requires either a split-rail fence or an approved alternative method of demarcation.
Crossley said she had contacted the applicant's consultant, Paul McManus, to clarify what the applicant prefers for demarcation and that the plantings had not yet been installed. Commissioners discussed timing for the required plantings and agreed the work should be completed before mid-October; the chair suggested a deadline of Oct. 15 to allow seed mix and plantings to establish before winter.
After discussion the commission voted to ratify the enforcement order. Roll-call votes recorded included Clary, Bill, Sue, Reid, Fred, Helena and Chair Dave Herrer voting aye.
The enforcement order requires: installation of the approved plantings and seed mix by the deadline set in the order; two years of post-planting monitoring; and permanent demarcation of the mitigation area (the commission accepted either five granite bounds or a commission-approved alternative). Staff will finalize and send the enforcement letter after confirming the applicant's demarcation choice.
Commissioners did not take additional enforcement steps at the meeting beyond ratifying the order and setting the remediation requirements.
