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Gardner Conservation Commission signs enforcement order for 36 Nicole Terrace, requests third‑party remediation plan
Summary
The Gardner Conservation Commission signed an enforcement order for work at 36 Nicole Terrace and asked the property owner to submit a remediation and planting plan from a third‑party engineer; the item was continued to the commission’s Jan. 27 meeting.
At its meeting, the Gardner Conservation Commission signed an enforcement order for 36 Nicole Terrace and directed the property owner to provide a third‑party remediation plan to address tree removal and damage in areas the commission identified as under its jurisdiction.
Commission members said the damage affected bordering vegetated wetland areas that filter drinking water and must be restored. A commission member said the commission expects an independent assessment and a planting plan to show wetland boundaries and a program for replanting and maintaining vegetation until it is reestablished.
The property owner told the commission they had removed trees and asked how to resolve the damage. The owner asked that the commission accept a proposal from a consultant they had worked with previously and suggested engaging Mary Anne from Robertson (identified in the meeting as a consultant) to prepare a plan. A commission member said, “If you hire this lady, we expect it to come before us.”
Commission staff (Justin) advised the owner to submit a written proposal and to contact the agent if the plan cannot be completed before the commission meets again. Commissioners said they would review the consultant’s proposal and, if necessary, ask the owner to obtain a different engineer if the presentation was inadequate.
Formal action at the meeting: commissioners signed the enforcement order and voted to continue consideration of the item to the commission’s Jan. 27 meeting so the owner could present the remediation plan. Commissioners instructed that the plan include wetland boundary flagging, a plot/planting plan showing the areas of damage, a description of how plants and trees would be maintained until established, and an estimate of the damage to the wetlands.
The commission also cautioned that if material or spoil is located in the wetlands, removal and cleanup must be part of the remediation plan, and that any work in flagged wetland areas should not proceed until the commission approves a restoration plan.
Next steps: the property owner was told to provide the consultant’s written proposal to Justin before the Jan. 27 meeting; if the plan is not ready, the owner must notify Justin in advance to request further continuance.
