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The months between July 1, 1977 and June 30, 1978 reflect exciting accomplishments for the Commission as well as frustrations unresolved to date. The highlights of the year cite two major activities; the near completion of the Fredonian project and continuing efforts to protect the aquifer and recharge of the Catacunemaug well site. We regret that often times long term protection of the community's valuable resources, i.e., water and land, causes short term anger and resentment amongst our closest friends. We trust the Commission's efforts in resource protection in the present will be appreciated and understood in the future.

In reorganizing, the Commission elected Shirley L. Griffin as Chairman, and Sophie Jurga as Secretary. The Commission held over 35 meetings, averaging about 1 every week and a half. The Conservation Commission is a volunteer board operating on an expense budget of $500.00. The Commission again joined three organizations providing invaluable assistance and advice; the Nashua River Watershed Association, Massachusetts Association of Conservation Commissions, and the Conservation Law Foundation. All meetings of the Commission are posted with the Town Clerk and are posted at the Municipal Building and the Village Post Office. Meetings run according to the Open Meeting Law, and all interested are invited to attend.

The Fredonian project is the highlight of the Commission's year. It was an unusual summer of 1977 -- with the participation by the 39th Army Engineers from Fort Devens, the restoration of the Fredonian pond began. Colonel Rittgers, Commander at Fort Devens, kept a watchful eye on the project and under the guidance of Captain Goetz, the men met their goal. Only onsite observations can describe the muck, water problems that had to be surmounted. Thanks to Vernon H. Griffin, movies were taken of the various obstacles encountered by the Army. During the entire summer, every moment was spent trying to locate materials at the most reasonable price possible. Following this report is a list of individuals and firms who contributed to the project during the Summer of 1977 and the Spring of 1978.

The Army arrived the first of July with the "vertical crew" -- assignment remove vegetation in preparation for the large equipment to arrive one week later. The 42nd, attached to the 39th, was responsible for the "horizontal" work -- the actual excavation of the pond, and the building of the dike. Just when the pond was dug and ready for the dike construction, we had an overnight surprise from Mother Nature -- 3 inches of rainfall. The Catacunemaug/Fredonian area drains 13,000 acres -- and multiply this by 3 inches means water and more water. The temporary burm broke -- the pond was filled -- it appeared that we were finished. It was another 2 weeks before the dike could begin -- the entire area had to be pumped on a 24 hour schedule, until the water was out. Pumps were rented and men camped out at the Fredonian nightly to watch and maintain the pump. We thank the residents for their patience and endurance during those noisy nights. At last the dike was underway -- after a thorough search for clay, the P.J. Keating Company donated the materials and the Army was back in the construction business. When the dike was completed sand was hauled in (donated by Jim Farnsworth) and the final component of the dike was ready for commencement. A time consuming and muscle challenging job was the laying of the rip rap. Rip rap, stones fitted closely together, were laid on the brook side of the dike, to prevent erosion from the stream waters. Raimo Ahti, a skilled and talented natural rock mason was hired to train the army how to lay rip rap. Stones were hand carried and laid carefully to prevent water erosion. The final responsibilities by the Army involved grading of the dike top, around the pond site and the grading of the gravel parking lot. At last on September 15, 1978 the Army's efforts were completed, and the most difficult step was completed. Ahead lay the construction of the inlets and outlets -- channels that would permit the Catacunemaug stream water to flow in and out of the pond.

Bids were let out for the originally planned concrete headwalls as proposed and designed by the Commission's private engineer with the project since 1976. Bids came in far over the estimated amount of funds available. Desperation set in -- with the aid of the Soil Conservation Service (Dept. of Agriculture) the Commission decided to abandon the concrete headwalls and go with the farm pond method used by the Dept. of Agriculture. The difference was many thousands of dollars. Again estimates were received and the lowest individuals were selected to do the structures. The Commission bought the materials and pipes directly from companies to reduce cost. When the outlets and inlets were installed -- we waited to see if the pond would fill-up -- it did and to date is functioning beautifully. Water flows in and leaves at a rapid flow rate. There is a constant flow of water in and out of the pond. By splash boards the commission can regulate the height of the pond and its flow. A few problems remain, but the Soil Conservation Service is assisting in correcting these. The depletion of funds during the summer of 77 caused the Commission to leave the original clay bottom in the pond. We hope washings from the beach sand will eventually cover the clay bottom, making a sandy bottom. Work to be done during the summer of 1978 is minor compared to the U.S. Army's contribution, but it is the grooming stage -- the one that often looks the most spectacular.

The Commission applied for a grant from the Middlesex Conservation District, $800.00 and received funding. The money will be used during the Summer of 78 to build a nature trail with a guide booklet around the pond, and the construction of two bridges and a board walk. Such a facility will enable residents to hike around the pond and observe various types of wildlife and vegetation. The elementary school will be able to make use of the facility for educational purposes. The Commission also applied for a CETA program under a grant received by the Nashua River Watershed that provides young people in conservation construction projects. The CETA group (YCCIP) will be working at the Fredonian during the summer of '78 building the bridges and boardwalk. During the fall and winter of 77-78, two students volunteered to lay out the trail, and design the bridges and boardwalk. The Commission extends a special thank you to them, Stanley Kotlow of Peabody Road in Shirley, and Kathy Lewin a senior at Oakmont Regional High School.

Through the efforts of Ernest Michaud and the generosity of Mr. Lou Perlstein, a bandstand will be built at the Fredonian project in the Summer of 1978. Mr. Perlstein is donating the bandstand to the Town of Shirley in the memory of his parents. We extend our thank you and look forward to the dedication ceremonies and the first band concert. (As of this report the bandstand is completed.)

In March of 1978 the Commission closed out the grant received from HUD for the Fredonian Project ($21,000.00). We thank Mr. Frank Houde for being patient with the Commission and providing invaluable assistance in the federal paperwork. The Commission voted to have a light installed at the project during the Summer of 1978, and to complete a land survey of the property. We have received word from the VFW that they have built and will locate at the site 10 picnic tables. The Commission has also agreed to allow the location of a VFW monument. The American Legion has donated a flag pole to be located at the site sometime in 1978. One of the last elements of the Fredonian for the 1977-1978 season was the installation of the chain link fence abutting Mr. McElroy's property. The wooden fence surrounding the park, was donated at a cost of $600.00 by the Samson Ocean Systems. The fence was installed by residents of the town working part-time on weekends.

Throughout the project, the Commission is trying to involve as many citizens as possible. Local restaurants were utilized by the Army, while the Commission paid for their meals (Shirley Ice Cream Bar, Piccolino Club, Stanley's and Paul Kirin's). Also Mr. Quinty supplied the fuel for the Army equipment, with funding coming from the Town meeting appropriation. As we look to the future of the project, we see its completion in the Spring of 1979, and a possible dedication in May of 1979. Long range, the Commission hopes to see a building on the site to serve as a community center -- we feel the location is an ideal site for a community craft center, or "oldster" meeting house.

A difficult issue, arising during the summer of 1977 relates to the gravel permit for the P.J. Keating Company. The Commission has taken a firm stand in this regard, and is concerned for the well-being of the Town's aquifer that supplies the Town well. According to law, the commission voted to hire Gregor I. McGregor as a consultant and explain the environmental issues of concern of the commission to the Board of Selectmen's meeting held in September. The Catacunemaug, Trophet Swamp, area is critical to the flow and levels of both Lake Shirley, Leatherboard pond and the Fredonian site. Residents in the area having private wells may be threatened by any uncontrolled and not carefully thought out removal of earth materials from this aquifer and recharge.

Communication differences have characterized the Board of Selectmen and Conservation Commission. The general response by the Board of Selectmen to questions from the Commission during the past year resulted in the resignation of Gordon Chase. We trust communication will improve in the coming year. Gordon is missed by the Commission, and we regret that we have lost a dedicated individual. Because of his enthusiasm and sincerity in the conservation movement, the Commission voted Mr. Chase as an associate member. Mr. Edward Swieca, a member of the Rod and Gun Club was appointed in his vacancy by the Board of Selectmen. We welcome Ed, and look forward to his help in the coming months.

In 1976 the Commission presented a by-law to the Annual Town Meeting regarding the hiring of consultants by town boards (modeled after a similar by-law in Plymouth, Mass.). In the by-law, the applicant for a permit is required to pay for necessary consultant services needed to issue that permit. This type of by-law is meant to apply to large projects. In June 1978, the P.J. Keating Company filed a Notice of Intent with the Conservation Commission according to the Wetlands Protection Act. The Commission under the 1976 by-law hired two consultants to evaluate the project and its effects. The Keating Company has informed the Commission that they will not pay the consultants bills or honor the by-law. To date the Commission has not been successful in asking the Board of Selectmen to assist in enforcing the by-law. A by-law is a law passed by the townspeople. The moral obligation of all town boards is to honor these by-laws. We trust that the wishes of the people will be upheld.

On the tax title front, we are still moving to acquire land for hiking, hunting, and general open space enjoyment. The Commission has contacted the Town Treasurer regarding three parcels that are now in court proceedings. The parcels in question would provide conservation open space areas for North Shirley.

The Commission during the year has been involved with the Planning Board, League of Women Voters and with students from Oakmont Regional High School in the writing of a flood plain wetlands zoning by-law to be presented at a future town meeting. The students provided teach-in sessions on aquifers, recharge and water supply with the league members and area residents.

The early spring saw the reoccurrence of an old issue within the Commission ranks. Scot's Glen development requested through the Board of Health permission to enlarge and install additional sewage facilities. The Commission supports and extend its gratitude to the Board of Health for denying this request. Hydro-geological reports completed by the Commission indicate that increased sewage in this area could threaten the wells and public water supply of the new well site. The area wetlands are also threatened, as well as potential health of residents. We praise the Board of Health for a difficult decision.

The Commission took several actions to enhance protection of key environmental areas. The Commission approved and voted a set of guidelines for gravel removal within the aquifer areas identified on the 208 water quality maps. The IEP firm (Interdisciplinary Environmental Planning) of Wayland, Massachusetts was hired by the Town on the recommendation of the Commission to complete a ground water flow study of the community, and to also locate potential landfill sites based on the least amount of contamination to underground water supplies. The Shirley Village Water District is paying for half of this study. The study will indicate and confirm not only the definite location of aquifers in the Town, based on infield studies, but also show the direction of flow of underground water. This will indicate the potential and time for wells of becoming polluted from abandoned landfills, sewage etc. It will indicate those areas most sensitive to development. The landfill study was an additional request based upon the problems expressed by the townspeople regarding the location of a proposed North Shirley landfill in June 1978.

The time involved in the Fredonian Project and the Wetlands Protection Act have taken their toll on the land acquisitions. However, through the efforts of Gordon Chase and Bill Scudder, the Commission has purchased the Spruce Swamp, 11.5 acres. The "bog" known for its unusual characteristics, and its fond memories as the "old skating hole" is a key to the Spruce Brook that flows through the Longley property off of Center Road into "Paradise," and along into the major ecology area where the Commission owns acreage located off of Holden Road. The 77-78 year saw the finalization of the Almore Thompson deed (15 acres) of donated land. The Commission manages less than 1% of the Town land. Long range plans hope to see the land open to hiking, and other passive types of recreation. However, the land fund is in serious straights. Land goes for a high price, and before too long our land fund will be depleted. We will need funding assistance in the near future, we trust the voters of Shirley will understand the need for maintaining open space throughout the community and maintaining our rural character.

The Conservation Commission's largest and most time consuming responsibility is the administration of the Wetlands Protection Act (Chapter 131/40). The Act states that any work to be carried out in a wetlands stream, pond, flood plain, or bank of, etc. or within 100 feet from these areas, requires the filing of a Notice of Intent by the land owner with the Conservation Commission. Projects outside the 100 foot area that could have an affect on the wetlands, etc. must also file. Only after a public hearing can the project proposed be determined significant to the area in question. It is important that the citizens contact the Commission regarding any work with a wetland or flood plain area in order to avoid any legal implications.

During the year, we have processed over 35 wetlands cases. The following determinations were made by the Commission regarding the need to file a Notice of Intent according to the Wetlands Act: Arthur Kunelius on Going Road (Affirmative); Stanley McNiff on Whitney Road (Affirmative); Applecross off of Lancaster Road (Affirmative); P.J. Keating Company on the Parker, Max, and Catacunemaug parcels (Affirmative); Gerald Jubb on Holden Road (Negative) and Mrs. Gorden on Walker Road (Negative).

Extensions, permission to continue work under an already issued wetlands permit were granted to: Applecross (284-14, 284-15, 284-16); George Newell on Squannacook Road (284-18); Henry Joly on Horsepond Road (284-5), Alvin Poutenis on Squannacook Road (284-6); Fredonian Project (284-17); Mr. Morey and Mr. Delorey on Patterson Road (284-22); and Shirley Village Water District on Patterson Road (284-20).

The Commission sent Cease and Desists because of work continuing in violation of the Wetlands Protection Act to: Raymond Farrar for altering a stream area (still in violation); William Haines for cutting trees along a brook (has now filed and received an Order of Conditions); Jutta Bourque for filling a wetland on Patterson Road (still in violation); Stanley McNiff for work within 100 feet of a wetland on Longley Road (to file a Notice of Intent). The violation of Walter Rines on Walker Road, first issued in 1976 is still in violation and has been turned over to Town Counsel for legal action.

The following Notices of Intent were received and hearings were held during 1977-1978: Town of Shirley Highway Department Patterson Road (284-23); George Sanderson on Rt. 225 relocation of a culvert (284-24) Henry Devarney for removal of gravel from an aquifer area on Catacunemaug Road; (284-25) Donald Farrar on Rt. 225, construction of a home on a banking near a wetland (284-26); Samson Ocean Systems, repair to damaged water wheel (284-27); Board of Health for re-filing on the Sanitary Landfill Operation on Leominster Road (284-28); William Haines for lumber operation within 100 feet of a wetland on Townsend Road (284-29); Philip Draleau for gravel removal within an aquifer area on Catacunemaug Road (284-30); Robert Marvell for work in a wetland area on Rt. 225 (284-31); Recreation Commission on School Street for altering an area within 100 feet of a brook (284-32); Paul Kirin for removal of brush within 100 feet of a wetland on Fredonian Street (284-33); P.J. Keating Company for gravel removal from parcels known as Parker, Max and Catacunemaug within an aquifer area and including wetlands (284-34) (284-35) (284-36); Thomas Masiero for dredging of a brook for maintenance purposes on Patterson Road (284-37); and Charles Haskins for construction of a garage within 100 feet of a wetland on Townsend Road (284-38).

The following individuals contacted the Commission for a Certificate of Compliance, indicating work has been completed according to the Wetland Protection Act, Order of Conditions issued: Merlyn Lambert (Highway Department) for work on Rt. 225 (284- ); and the State Department of Public Works for work on Rt. 2A (284- ). Due to erosion problems on the banks of the Nashua River, the Certificate to the State is being held until the erosion problem is corrected. The Samson Oceans Systems also applied for a Certificate of Compliance (284-27).

The Commission is fortunate to have two of its members again serving on the Board of Directors of the Massachusetts Association of Conservation Commissions, Hermann Field and Shirley L. Griffin. Both members have been responsible for chairing panels at various state conferences. Miss Griffin and members from the Shirley Village Water District attended a conference in August 1977 in Boston regarding the need for protecting Water Supply, and Aquifer/Recharge areas.

The future of the Commission is promising, the Fredonian will be completed, and a new land acquisition is possible. The Commission is anxious to begin developing its conservation land with trails. We look forward to sharing the beauties and unique features of the Town of Shirley with every member of the community. We thank the citizens for their support in our various projects during the 1977-1978 season.

Sincerely,

SHIRLEY L. GRIFFIN, Chairman
SOPHIE JURGA, Secretary
HERMANN FIELD
ERNEST J. MICHAUD
WILLIAM SCUDDER
EDWARD SWIECA
STANLEY M. JURGA
Conservation Commission

The Commission extends its warmest appreciation to the following for their assistance and donations in the Fredonian Project during the 1977-1978 season: July 1, 1977 to June 30, 1978.

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