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Conservation commission prepares enforcement order, soil testing after finding fill on town land at 104th Street
Summary
After multiple site visits and a neighbor letter, the commission directed staff to draft an enforcement order requiring a qualified consultant and test borings to characterize fill and potential impacts to wetlands and town-owned land at the 104th Street site; commissioners also agreed to consult town counsel and town council on remediation options.
The Lakefield Conservation Commission on June 16 directed staff to prepare an enforcement order that will require a consultant-led soil and wetland characterization of extensive fill and clearing observed on and adjacent to town-owned land near 104th Street.
Commissioners described the area as a long-occupied parcel of town land that appears to have been used historically as a dump and, more recently, to receive additional fill and parking. Staff said neighbors submitted an anonymous multi-page letter with dates and photos documenting changes. Participants at the meeting raised concerns that gravel and other fill may have been placed into or immediately adjacent to the wetland buffer and that portions of town-owned parcels (described in town mapping as roughly 5.45 acres and 1.59 acres in different parcels) have been cleared and used for parking and storage.
Commissioners discussed options including an enforcement order requiring test borings and wetland delineation before any removal or remediation is ordered. The commission agreed it is prudent to determine what is beneath the visible fill before directing large-scale removal, noting the risk of buried contamination or the need for specialized disposal. A staff member summarized the likely technical scope: a civil engineering firm or wetland scientist capable of excavating test pits and characterizing hydric soils, with borings possibly as deep as several feet to reach native soil.
Commissioners also discussed legal and administrative next steps. They instructed staff to consult the town attorney, Tom Mullen, about the town’s options and to prepare a letter to the town administrator and town council describing the commission’s findings and options. Commissioners noted that the land in question is town-owned and any remediation that involves town work will likely require town-council action.
During the site visit and conversation at the meeting, the occupier (identified in materials as David Benadetto) acknowledged he had not filed for permitting. As Benadetto said in the meeting: “My bad. I should have applied, you know, for all this work.” Commissioners said they will ask him to retain a qualified consultant to perform the initial testing and to halt further nonessential activity on the town parcel until the commission takes further action.
The commission asked the agent to draft an enforcement order requiring a consultant-led assessment and to circulate it for review at the next meeting; commissioners and staff who visited the site plan to coordinate additional walks and to share photos and mapping with town counsel.
