DPW, Conservation Comm. at odds over Lindenwood
Published on May 26th, 1999
STONEHAM, MA - Expansion of the Lindenwood Cemetery is expected to continue once the Department of Public Works (DPW) complies with a requirement of the Stoneham Conservation Com-mission (SCC).
The SCC advised the Board of Selectmen last week that it issued a cease and desist order to the DPW for failing to file an Order of Conditions required for work taking place close to protected wetlands.
"This activity has been occurring without being reviewed by the SCC, or the submission of the appropriate forms as required by the Massachusetts Wetlands Protection Act," wrote the SCC to the selectmen in an April 12 letter. The enforcement order took effect on May 10.
"(That work) needs a formal filing," explained SCC member Bob Conway. "We've been waiting for a notice of intent...(but) work has continued...We don't like to issue enforcement orders."
Town Administrator Jeffrey Nutting advised that he was surprised to receive the cease and desist order from the SCC, particularly in light of requests by the town to meet and discuss the concerns.
"It is my strong desire to work with the Conservation Commission to resolve any outstanding matters and hope that we can meet soon to clear up any misunderstandings," he wrote on May 12, following receipt of the cease and desist order.
Nutting defended the DPW's actions and referred the board to a March 11 correspondence from DPW Director Robert Grover to the SCC, outlining the activity taking place at the Cemetery.
Grover wrote that the Lindenwood work consists of brook maintenance and establishment of a new burial area.
Shoring up of banks along the Sweetwater Brook within the Cemetery was needed, according to Grover, due to damage caused by rain storms. This work, which is done on an ongoing basis is necessary to prevent erosion on existing burials.
The new burial area, approved last year at Town Meeting, will accommodate approximately 1,000 new graves and work with regard to that has included excavating, removing and sifting soil as well as clearing trees, brush, and debris from the area.
Grover wrote that he would be happy to meet with the Commission to discuss its concerns further.
"The Conservation Commission failed to respond to requests for a meeting," said Nutting. "Obviously, there is a communication gap between myself and the (Conservation Commission)...(You) wouldn't think routine maintenance would require an order...from Conservation."
"It is the Commission's position that the Town should be complying with these regulations in the same manner that it requires of its residents," noted an April 12 memo to the Selectmen from the SCC.
The SCC also wrote of additional concerns regarding the Spring Street and Stevens Street dumps.
According to SCC Chairman Dominic Ottavi, a previous agreement was made between the town and the SCC with regard to the Spring Street dump. Specifically, the agreement called for establishing a 50 foot setback from the wetlands with fencing, which Ottavi asserted has not yet been fulfilled. Further, Ottavi's letter contended that more fill deposited at the site has resulted in encroachment on wetlands. He said Nutting had been advised of this concern a year ago.
"The Commission considers one year enough time to develop and complete such remediation."
The Stevens Street dump has also been a concern of the SCC, particularly because it is "continually expanding with fill and pushing into wetlands, a condition specifically prohibited by the Wetlands Protection Act," Ottavi wrote.
"The DPW and the Town of Stoneham never file notices of intent," said Conway. "They're not under public scrutiny like everybody else."
"We've never been told we need an order of conditions on Spring Street," Nutting countered.
He also advised that the dump was cleaned out several years ago and, since that time, has filled up again. The town is currently working on getting material removed from the Spring Street site at no cost. Once this is accomplished, the grade will be brought up.
Nutting agreed to file the proper notice for work on the Cemetery.
Grover stated that he disagrees with the SCC's concerns in its letter and will work on a comprehensive plan for all three areas for the SCC's review.
Selectman Patrick Jordan voiced his own concerns with the Stevens Street dump.
"I want to know clearly in my mind that there is no contamination in that land," he stated, acknowledging that to do such would require borings and testing.
"Do you want us to close down the recycling center?" asked Grover, regarding the SCC's concerns with the Stevens Street site.
"The Cemetery concerns me most...We want some understanding, some resolution," stated Ottavi.
Selectmen Chairman Al Conti requested that a meeting be set to discuss the issues and that town make the appropriate applications for work to continue. He also suggested that to enforce a similar order to the Stevens Street site would have too dramatic an impact on the town.
"We're all working together here...Let's keep the communication channels open."
Selectman Cosmo Ciccarello voiced his support of the SCC's efforts.
"We support you 100 percent...We appointed you to this board."
The SCC agreed to update the board in 90 days, following meeting with the town on the issues and resolutions. Jordan's concerns will also be reviewed at that time.
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