Conservation commission hires wetland scientist after clearing at South Ridge Estates, warns of enforcement

The Town of Hampden Conservation Commission voted to hire an independent wetland scientist to re-mark resource-area boundaries at South Ridge Estates after residents and commission members reported substantial clearing and possible tampering with marker flags.

The action follows complaints from neighbors and a review of historic site plans and photographs showing that areas once wooded have been substantially cleared. "At no time, present or future, is there to be any disturbance within the wetland boundary as shown on the submitted site plan," a commission member read from the original Orders of Condition, which also require permanent markers to define the protected area.

Resident Jennifer Wood, who identified herself as a South Ridge Road abutter, told the commission she and neighbors have seen vegetation removed, signs and what she described as shooting activity close to homes. "The shooting for me is really concerning. I have young children," Wood said, urging the commission to act to protect water resources and residents.

Commission staff said a wetland scientist (the commission contracted "Steve Liberty" to perform a delineation) will complete a red-line delineation next week and place durable permanent markers where required. Staff also reported that several temporary flags placed by the scientist appear to have been moved and that the commission will re-check them.

Commissioners discussed next steps: staff will send a written notice inviting the property owner to meet with the commission and explaining the restrictions under the Orders of Condition. If the owner does not permit access or continues disturbances, the commission said it will coordinate with state environmental authorities, which can levy fines and require remediation, and pursue a warrant if necessary to inspect the property.

On enforcement, a commissioner explained the difference between criminal enforcement handled by police and conservation enforcement: police can act on firearms complaints (for example, shooting within 500 feet of a dwelling or on trespass), while the commission would coordinate with state environmental agencies for fines and restoration if resource-area restrictions are violated. The commission said it gave the owner roughly a month to respond after the letter; if the owner continues to deny access, commissioners said they will move to seek further legal remedies.

The commission also noted that the wetland-covered parcel is not buildable and that any future buyer would inherit obligations to comply with the Orders of Condition. The commission voted to hire the contracted wetland scientist to mark the resource area so abutters know where disturbances must stop.

The commission said it will report back at the next meeting with the wetland scientist's delineation and any owner response.