Standing in a chilly drizzle, members of the Conservation Commission held an official meeting at the Bare Hill Pond dam Wednesday morning, Dec. 7, to decide what to do about a violation of the state and local wetlands regulations.
On Friday, Dec. 2, the Department of Public Works had placed a steel highway plate across the downstream side of the spillway in an effort to block backflow from the wetlands. To hold the plate in place, the DPW dumped a large heap of loose sand outside the plate, within the wetland area.
Conservation agent Liz Allard, who first saw the sand early Monday morning, called it a clear violation of environmental regulations.
"We would never have approved the use of loose sand in a wetland area," she said.
At the Wednesday meeting, DPW director Richard Nota told the commission members, "Obviously, I made a wrong decision. I didn't call you about this. I take full responsibility."
Nota explained that his workers needed to keep the spillway dry while installing aluminum channels on its masonry sides. New, tight-fitting aluminum panels will slide into these channels, in hopes of forming a more water-tight barrier than the wooden boards that have been used in the 70-year old spillway up to now.
Nota said he expects the panels to be delivered Friday, Dec. 16. Once the bottom panels have been positioned and sealed with epoxy, he said, the sand and the temporary steel barrier can both be removed. He proposed using a vacuum truck to suck the sand out of the wetland.
The Conservation Commissioners agreed that a vacuum truck was the best solution for removing the sand and voted to allow Nota until Monday, Dec. 19, to do so. If the removal is delayed beyond that date, he is required to notify the commission.
Allard said an enforcement order must be issued, because a violation did occur.
"This is not the first time this has happened," commission member Jim Breslauer said to Nota. "You've had wetlands violations before."
Conservation Commission chairman Paul Willard emphasized the need to improve communications between the DPW and the commission.
"You can call us any time," he said. "If it is an emergency, and something has to be done at once, any one of us can sign an emergency order."