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Conservation Commission issues emergency permit for failed well at 114 Downs Road with erosion-control conditions

Town of New Marlborough Conservation Commission · April 16, 2026
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Summary

The New Marlborough Conservation Commission issued an emergency permit after a well failure at 114 Downs Road and attached six conditions focused on staged photo documentation, erosion controls, vegetation replacement, and long-term sign and revegetation requirements; the motion passed 5-0-0.

The Town of New Marlborough Conservation Commission voted unanimously on April 16 to issue an emergency permit application for work at 114 Downs Road after the property experienced a well failure and the Board of Health issued an emergency permit. The commission conducted a site visit and required multiple erosion-control and restoration conditions before work proceeds.

Co-Chair K. Hoffman moved to issue the emergency permit; J. Schreiber seconded the motion, and K. Hoffman, D. Hyde, F. Friedman, J. Schreiber and N. Hannen voted to approve, 5-0-0. The Commission recorded the motion and the conditions as its public action.

Under the conditions, the property owner must provide photo documentation to the Conservation Commission prior to each phase of the project, using email or a hard-copy drop-off at town hall. Erosion controls—silt fence and straw waddles—must be placed around the three sides of the project closest to the lake. Any stockpiled soils must be covered each day to prevent erosion and must be replaced at a 1:1 ratio within twenty feet of project completion. Any tree or vegetation removed must be replaced at a 1:1 ratio within 20 feet of the project area; the Commission allowed that replacement plantings may be the same trees or shrubs that were removed if desired. Any additional work or changes to these conditions must be approved by the Conservation Commission at a public meeting. Erosion controls must remain in place until the area is reseeded and vegetation is established.

The Commission’s action is limited to the permit conditions it adopted; other local or state approvals (for example from the Board of Health or DEP) remain the responsibility of the property owner or contractor. The Commission did not announce a separate timeline for inspections beyond the requirement to submit photo documentation prior to each phase.

The Commission recorded the vote and moved on to other agenda items.