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Shirley Conservation Commission
1981 Annual Report

To start off the New Year, the Commission in honoring the Finance Boards request, took a 15% cut on all budget items.

In February and March, a Wetland hearing involving Brookside Tavern (284-50) arose concerning the filling of a floodplain behind the Tavern. The effluent coming from a stream on the property was tested by the Nashoba Board of Health and the bacteria count was found to be too numerous to count. A dye test performed at the Tavern was found to be negative and the search still goes on at this writing to solve the problem. The pollution feeds directly into the adjacent Catecunemaug and the Commission is concerned with the water quality and health hazard to the Fredonian Park and homes downstream of the area. DEQE, the State Department of Environmental Quality Engineering, has been duly notified and is further looking into the problem. Brookside Tavern appealed the Order of Conditions,set down by the Commission. DEQE turned down the appeal advising the owner to comply with our conditions as the State will be more stringent including removal of all fill.

In March, a request for determination of applicability was received from Anita Haines for an apartment project at her home on Townsend Road. A statement was issued that her plans have no impact on any wetland areas.

In May, George Gallant filed a Notice of Intent for work to be done on his property on Old Ayer Road. The project was determined not significant and no Order of Conditions was necessary.

In June, an emergency permit was issued on Lancaster Road to Robert Addonizio to correct a septic system problem near a wetlands The Commission determined, due to distance, there was no legal jurisdiction, therefore, the owner did not have to file under the Wetlands Act.

A reminder to residents of the town. A point the Commission would like to bring out is that citizens contact the Commission regarding any work on their property in or near a wetland or floodplain in order to avoid legal implications. The Wetlands Protection Act states that any work to be carried out in a wetlands stream, pond or floodplain, or within 100 feet from these areas, requires a description of the proposed project by the landowner to the Conservation Commission. Also, projects outside the 100 feet that could have an impact on the wetlands must also contact the Commission.

It is here noted that the Conservation Commission along with the Building Inspector must approve and sign all new building applications. The Commission is only concerned with projects in or adjacent to wetlands areas.

Extensions for approved work were issued in 1981 to: Stanley McNiff on Catecunemaug Road 284-11 Craig Ethan on Lake Shirley Beach 284-45 Morey and Delourey on Patterson Road 284-22, Phil Draleau, Catecunemaug Road 284-30 and Joseph Howlett Sr., on Clark Road for gravel operations.

The Commission is still involved in the Shirley Sanitary Landfill closeout on Leominster Road. We are concerned about the lack of monitoring wells to determine water quality. The Board of Health has requested and received an extension on its Order of Conditions (284-51) for the closeout operations.

Certificates of Compliance for approved completed work were issued to the Highway Department for culvert work done on Squannacook Road 284-48 and Old Ayer Road 284-52.

The Commission is still pursuing the clearing of a small entranceway into land on Squannacook Road for passive recreation and canoe access.

The Commission looked into the biothermal project (Prescott) on Mulpus Road and determined it was not subject to the Wetlands Act, however, any changes in the plan would have to be reevaluated due to its proximity to the Mulpus Brook wetland/floodplain area.

In September, we had to request extra funds from the Finance Board for the upkeep and maintenance of Fredonian Park. This situation will have to be reviewed for the 1982 season.

Anyone interested in being an associate member of the Commission should contact us. A booklet for new members has been compiled by Lee Whiting an associate member.

In November a "Cease and Desist" was issued on Lancaster Road to Irene Bry for filling and altering a wetland. The Order is in effect until the landowner files a Notice of Intent with the Commission.

The Board of Selectmen requested the Commission along with the Planning Board to be present at onsites for annual renewals of Class 11 and Class III junk and used car permits.

The Commission voted Hermann Field to revise and update our current Open Space Plan.

Perhaps one of the greatest concerns of the Commission this year is the proposed shopping mail in Lancaster on Fort Pond Road. The State (DEQE) ordered an Environmental Impact Study for the following areas -- surface water, groundwater, traffic flow and air pollution. The Commission hired IEP to represent them in any matter concerning the Pyramid project. We are concerned with the possible effect to Tophet Swamp, the Leatherboard and the entire Catecunemaug area by the altering of Bow Brook and the area groundwater affected by the construction of the mall. The proposed mall is about 49.5 acres and will include about 80 stores -- approximately the size of Burlington Mall.

At the time of this report the following Wetland Protection Act problems still exist, Bry Realty on Lancaster Road, Alice Wright, Cemetery, Rines and Brookside Tavern.

A long range concern of the Commission is to attain further protection of our water source or aquifer areas in town. Our efforts in the coming year will focus on creating alternatives for further protection of these critical areas.

Respectfully submitted,

Jane McQuillan, Chairman
Hermann Field, Vice-Chairman
Cyndi Furman, Secretary
Frank Esielionis, Treasurer
Ed Swieca
John Farnsworth
Dick Pontbriand

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