Belmont Citizens Forum Clay Pit Pond Deforestation Damages Wetland By Judy Singler In September 2020, several Belmont residents removed more than 80 trees and shrubs from the south side of Clay Pit Pond. In an unauthorized action taken ostensibly to “enhance” the view of the pond, individuals visited the site on at least three occasions that month, cutting down 50-foot-tall trees, shrubs, vines, and other vegetation. The remaining trees at the edge of the pond were pruned of side branches to a height of 20 feet and more. Town officials eventually ordered a halt to the illegal tree cutting after calls from several concerned citizens. Environmental Laws Exist to Protect our Wetlands Cutting vegetation within 100 feet of a protected body of water is subject to state wetlands laws and requires a permit from the town’s Conservation Commission (ConCom). In this case, no permit was requested or granted. In October, when the ConCom became aware of this activity, members began discussing options for the town. The contractor origi- SINGLER JUDY nally hired for management of Bare ground, erosion, and cut stumps after illegal tree invasive species around the pond had removal at Clay Pit Pond. been unable to perform the work due to the Covid-19 crisis. He will inspect the pond due to large areas without soil-stabi- the site to assess current needs. lizing vegetation near the shoreline. Because many tree and shrub stumps remained near the pond, creating a hazard The Conservation Commission’s Role to visitors, the Department of Public Works This activity at Clay Pit Pond reveals the need arranged for a contractor to remove the larger for greater understanding in the community stumps in December, even as citizens raised of our wetland areas and the regulations that concerns about possible erosion and siltation at protect them. In 1964, Massachusetts passed its May/June 2021 Preserving Belmont’s Small-Town Atmosphere Vol. 22, No.3 Wetland Protection Act, Massachusetts General Michael Santoro from the Department of Public Belmont Citizens Forum Laws (MGL) Chapter 131, Section 40. This law Works, as well as some concerned citizens. provides specific protections to wetlands and the The site showed a great deal of exposed Officers public interest, including flood and pollution land, with many small stumps from shrubs Grant Monahon, President control, as well as groundwater supplies and protruding from loose soil, with exposed roots John Dieckmann, Vice President wildlife habitat. It requires a thorough review lining the banks. Some siltation was evident as Evanthia Malliris, Secretary of all proposed work that may impact any well as several locations with minor erosion. wetlands. Concerns were voiced over coming spring Radha Iyengar, Treasurer At the local level, Belmont’s ConCom admin- rains and the need for actions to mitigate isters the Wetlands Protection Act. This seven- the extensive loss of trees and shrubs. Initial Directors member volunteer board is appointed by the plans include hiring a consultant to survey the Sumner Brown Select Board and works with conservation agent area and provide recommendations. The land David Chase Mary Trudeau to review and approve applica- between the path and the pond banks needs to Vincent Stanton, Jr. tions for work covered by the act. be stabilized immediately. At the state level, the Department of Environmental Protection (MassDEP) provides A Path Forward Newsletter technical training to local conservation commis- The ongoing situation at Clay Pit Pond Meg Muckenhoupt, Executive Editor sions and oversees administration of the law demonstrates the need for citizens to be Jeffrey North, Managing Editor and develops policies and regulations, including aware of activity taking place in the town Sue Bass, Newsletter Committee, fines for violations. Violators of the Wetlands and to speak out when unusual actions are Director Emerita Protection Act may be ordered to restore the occurring. Meanwhile, advocating for appro- Virginia Jordan, Evanthia Malliris, property to its original condition and take other priate follow-up to this unauthorized work at Vincent Stanton, Jr. actions to mitigate the effects of the violation. Clay Pit Pond could show how the town and In addition, they may incur criminal fines up community can work together to resolve a to $25,000, imprisonment of up to two years, serious environmental problem. Belmont Citizens Forum Inc. is a not-for- or both, or a civil penalty of up to $25,000 for The unlawful and ecologically damaging profit organization that strives to maintain each violation. Each day a violation continues is assault on the pond has created broader the small-town atmosphere of Belmont, considered a separate offense. SINGLER JUDY awareness of the need to stabilize the bank and Massachusetts, by preserving its natural and Anyone wanting to work in a wetland resource manage the vegetation, especially the invasive historical resources, limiting traffic growth, area or within 100 feet of a wetland (the buffer Shoreline damage at Clay Pit Pond. plant species, around the entire pond. As a and enhancing pedestrian safety. We do this zone) must obtain prior approval from the part of Belmont’s stormwater system, Clay Pit by keeping residents informed about planning ConCom. Wetlands protection regulations are specifies any special requirements needed to Pond is a significant resource, though one which and zoning issues, by participating actively in quite specific about the extent and type of work protect the public interests. Permits are denied requires regular assessment and care. public hearings, and by organizing forums. allowed. Activities covered include vegetation if the impacts to the resource areas cannot be At the March 30 ConCom meeting Trudeau removal, regrading, and home construction, avoided or mitigated. These decisions may be indicated her intent to seek funding to support appealed to MassDEP. The BCF Newsletter is published six times a including additions, decks, and driveways. a study of the needs of the pond. Town admin- year, in January, March, May, July, September, Commercial and industrial areas are also covered Surveying the Damage istrator Garvin has said that she will look for and November. Published material represents by the regulations. federal and state grants and other funding Obtaining a permit from the ConCom Meanwhile, the land around Clay Pit Pond to support this effort. In this, she will follow the views of the authors and not necessarily requires filing of a Notice of Intent which has suffered a considerable injury. Permits guidance from Trudeau and the ConCom. those of the Belmont Citizens Forum. includes the details of the proposed project, were never requested by citizens, who assumed A review of the broader ecological health location of wetland resource areas and buffer their actions would be helpful to the town. of the pond and a plan for its sustainability is Letters to the editor may be sent to zones, and steps that will be taken to protect Town officials must decide how to mitigate this essential to an effective action plan to assure P. O. Box 609, Belmont MA 02478 or to them. ConCom representatives might visit the damage and restore the soil around the pond that Clay Pit Pond will continue to be a valuable [email protected] site to verify the boundaries of the protected before erosion and siltation affect water quality. asset to Belmont and its residents. areas, and typically a public hearing is held to On March 8, the ConCom visited Clay Pit belmontcitizensforum.org allow abutters and other community members to Pond to view the site and discuss planning for © 2021 Belmont Citizens Forum. All rights reserved. ask questions or voice concerns. mitigation and restoration. Also in attendance Judy Singler is a member of the Council on Aging Following the hearing, the ConCom will issue were Patrice Garvin, town administrator; Roy and the Housing Trust and a Town Meeting member a permit known as an Order of Conditions, that Epstein, Select Board chair; and Jay Marcotte and for Precinct 6. 2 belmontcitizensforum.org May/June 2021 3 Belmont Has One Year to Clean up Waterways Pollution upstream doesn’t always make it to the downstream outlet By Anne-Marie Lambert Route 2, for example, outlet 15A by Frontage Road near Radcliffe Road went from over 14,900 A 2017 consent order from the US E. coli MPN/100 ml in 2017 to under 100 MPN Environmental Protection Agency (EPA) gave after a 2020 project to reline and repair mains Belmont five years to stop underground sewage under Knox, Herman, and Bellington Streets. from leaking into our waterways. We made a lot The EPA threshold is 235 E. coli MPN/100 ml. of progress in 2020, but there could be a long In other areas of town, water quality improved way to go before all our outlets run clean. after significant rehabilitation, but still not In 2020, the town undertook a $550,000 enough to meet EPA requirements. Work in the sewer system rehabilitation construction project Oliver Road neighborhood should address water (SSRCP). More work is planned in 2021 under quality issues at outlets 11, 11A, and 12. In other a sump pump removal and sewer rehabilitation areas, there is no more construction or inves- contract. The SSRCP included significant work tigative work planned. The hope is that after such as: recent repair work, the system will eventually ● Repairing and lining several sewer mains run clean. ● Lining many sewer service laterals Rehabilitation work is planned on Hoitt and ● Removing a few sewer service laterals from the Westlund Roads in the lower part of catchment Pollution (E.coli MPN/100 ml) drain system 10. More investigation is planned in 2021 to Before (2017) After (2020) ● Replacing several sewer and drain segments Sub-catchment Location discover additional upstream sources of sewage that are beyond repair 1-4A Fairview and Van Ness from easment 7,000 12,300 infiltration.