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Shirley Conservation Commission
FY02 Annual Report

This report covers FY02 from July 1, 2001, through June 30, 2002. During this timeframe, administration of the Massachusetts Wetlands Protection Act regulations required the Conservation Commission to review/issue the following documents at 26 public meetings:

Requests for Determination of Applicability4
Notices of Intent13
Notices of Resource Area Delineation2
Determinations of Applicability7
Orders of Condition16
Orders of Resource Area Delineation1
Certificates of Compliance5
Extension Permits1
Amendments0
Violations4
Emergency Certifications2

Administration
Administration of the Massachusetts Wetlands Protection Act regulations requires the Conservation Commission to review and issue permits for work within and adjacent to wetlands. In addition, the Commission responded to many requests for comments on Planning Board, Zoning Board of Appeals, and Board of Selectmen applications.

During FY02, the Commission continued the review of some major subdivisions. The Commission received its first appeals in years. Four Orders of Conditions written by the Commission were appealed to the Massachusetts Department of Environmental Protection (DEP), including two dealing with Apple Orchard Estates off Lancaster Road. Of the appealed Orders, two were upheld by the DEP and two remain unresolved.

The Conservation Commission reminds property owners that projects (including sheds, tree removal, pools, etc.) within 100 feet of a wetland (brook, pond, swamp, etc.) or in floodplain areas must be reviewed by the Commission. In addition, work within 200 feet of a perennial stream may also require a filing. Please call the office at 978-425-2618 if you have any questions regarding wetland issues or if you are uncertain whether you should file, particularly if you are a new homeowner. We encourage residents to retain native vegetative borders between their lawns and adjacent wetland and waterways buffer areas. To that end, the Commission has adopted a setback policy from wetlands that requires new buildings to be at least 40 feet from wetlands and the limit of work at least 25 feet from wetlands.

The current Shirley Open Space and Recreation Plan expired at the end of 2001. This Plan is required to make applications for state Self-Help grants, under which the Commission has successfully obtained funds for the purchase of several parcels in Shirley. The Conservation Commission, along with a number of interested residents, is continuing to work on finalizing the update of this Plan in 2003.

The Nashua River Watershed Association spearheaded the nomination of the Squannassit Area of Critical Environmental Concern (ACEC). This Area includes roughly half of the Town of Shirley, primarily along the major streams in Town. The ACEC is a regional overlay that includes parts of Ashby, Ayer, Groton, Harvard, Lancaster, Lunenburg, Pepperell, and Townsend. No additional regulations are associated with the ACEC program, but existing regulations such as the Massachusetts Wetlands Protection Act and the Massachusetts Environmental Policy Act (MEPA) become more stringent for parcels within an ACEC designation.

Open Space Acquisition & Stewardship
The Conservation Commission also helps maintain and acquire open space for the Town of Shirley. Open space is valuable to town residents as passive recreational land (hiking, birdwatching, etc.), it protects water resources, and it enhances the overall desirability of living in our community. Trail maps for some parcels are available at the Conservation Office and at the Hazen Library.

In terms of land acquisition projects, the Commission worked to acquire the 73-acre Longley Farm on Whitney Road and the estate of the late Marvis Ball on Townsend Road. Negotiations with Mr. Ball's heirs have not progressed, but the Commission is hopeful that the Longley Farm acquisition will soon be completed in FY03.

During the past 12 months, trail improvements and other routine property maintenance continued with the help of volunteers from the Greenway Committee and the Boy Scouts.

Seven vernal pools have now been certified by the Massachusetts Natural Heritage & Endangered Species Program. Associate Commission member Tim Gabriel along with his wife Cindy located these pools, doing substantial research and making applications for their certification. They are currently working on certifying additional pools.

The Commission held its seventh Annual Fall Foliage Hike with the Greenway Committee at Valley Farm and Farandnear on Center Road. The Commission also joined with the Greenway Committee and the Historical Society for a Benton MacKaye Memorial Hike in the Birchwood Hills Conservation Area on Catacunemaug Road. On both occasions, attendants were blessed with nature's full cooperation in color and bloom, respectively. In addition, the Commission and the Friends of the Oxbow National Wildlife Refuge sponsored a hike in the Shirley portion of the Refuge.

Members
The Conservation Commission is now fully staffed with seven members and two Associate members. Anne Gagnon remains the part-time Conservation Administrator and Ruth Terry, the part-time secretary.

Respectfully submitted,

John Rounds, Chair
Bob Burkhardt, Vice-Chair
Paul Leaman
Joan L. Nelson
E. Heidi Roddis
C. Kay Tohline
Margaret Cronin Wilson
Denise Brauckmiller, Associate Member
Tim Gabriel, Associate Member

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