Shutesbury Conservation Commission Reviews Emergency Measures for Dudleyville Pond Dam

The Shutesbury Conservation Commission meeting on July 18th focused on several issues, with an emergency situation at the Dudleyville Pond dam drawing considerable attention. The meeting, which started at 7:02 PM, included discussions on emergency measures, site visits, regulatory revisions, and project reviews.

The most pressing topic of the meeting was an update on the Dudleyville Pond dam emergency. The commission had previously issued an emergency Certificate of Compliance, but delays were noted due to the Department of Environmental Protection (DEP) awaiting funding. This emergency certificate was only valid for 30 days, which added urgency to securing the necessary funds for construction. Comments from the DEP suggested that the initial proposal, which included using a turbidity curtain to manage water flow, might not be effective in high-volume streams. Instead, the DEP recommended using straw wattles. Adjustments in the project description were also requested to avoid implying extensive channel reconstruction beyond the necessary emergency repairs.

The commission also reviewed the order of conditions for a project on Lake Drive. The proposed work included extending an existing deck, which impacted jurisdictional areas such as the bank for Lake Wola and bordering lands subject to flooding. The project specifics involved the removal of existing stairs and the installation of helical pilings to support the deck extension. The commission discussed the impacts related to concrete pilings and resource areas, with an identified 8 square feet impact from the drilling of the helical pilings. The project would introduce 210 square feet of new impervious roofing, which would drain into an existing drywell, with further drainage across existing lawn and garden areas for infiltration. A letter from Natural Heritage confirmed that the project is not located within estimated habitat.

The commission imposed several standard conditions, including a requirement for the applicant to submit a letter within 30 days, with an original signature acknowledging receipt and understanding of the order conditions. The order must also be recorded at the Franklin County registry of deeds. There was some confusion about a previous order of conditions from 2002, and confirmation was necessary to proceed. Proof that the previous orders were recorded was agreed upon as a condition before issuing the certificate of compliance for the current order.

Erosion control measures were discussed, including a requirement to notify the commission 48 hours before work begins, coupled with standard conditions regarding erosion control during construction. A post-construction site visit was deemed necessary to ensure compliance with all conditions. The motion to issue the order of conditions for a property on Lake Drive passed with a few abstentions noted.

The meeting then transitioned to a discussion led by Donna McNichol, the town attorney, regarding comments from the Attorney General’s office on the town’s bylaw. McNichol emphasized that fees must be reasonably related to the work the commission undertakes and cautioned against disproportionately high fees. The conversation also included the use of negotiable securities, which McNichol noted are standard but challenging to manage. She suggested that bonds or escrow accounts are often more practical. The topic of enforcement and entry onto properties was also addressed, with McNichol explaining the need for administrative search warrants if permission to access private land is denied.

The commission also reviewed the interpretation and potential revision of a bylaw concerning the notification of the police chief regarding the involvement of outside law enforcement agencies in wetland matters. The chair clarified that the bylaw aims to inform the police chief when other law enforcement officers are present in the town for enforcement or investigation purposes, rather than to restrict communication or create hurdles for inquiries. There was a consensus that the bylaw’s wording could benefit from revision to better articulate its intent.

Further discussions covered proposed revisions to the regulations concerning environmental considerations, particularly climate change. The commission discussed incorporating climate resilience and greenhouse gas mitigation into their decision-making processes. Concerns were raised about the adequacy of measures for assessing future impacts, with some members expressing discomfort with the suggestion that such impacts could be easily gauged.

The meeting concluded with logistical planning for upcoming site visits, including a visit to review a carport project and coordinating times with involved parties. The commission emphasized the importance of clear and concise regulations to facilitate better understanding and compliance among residents and developers.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Rebecca Torres
Environmental Commission Officials:
Mary David, Robin Harrington, Scott Kahan, Beth Willson, Carey Marshall (Land Use Clerk)

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