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ConCom meets to discuss its Chairman's actions "People are trying to sweep things under the carpet. It's not going to work." ~ Ron Nation, developer of Whitehall Estates. "Mr. Nation and Mr. Shepard are parties to a lawsuit with me and this is retribution." ~ Brian Morrison, Conservation Commission Chairman
by Robert Falcione
November 28, 2005 — The Conservation
Commission, with its Chairman recusing himself and Vice-Chair Robert
Murphy acting as Chairman, this evening discussed a matter the
Board of Selectmen asked them to investigate. The Board had received
a letter from Robert Shepard (Photo, left, standing with white hair,
mustard jacket), a neighbor of Brian Morrison (Photo, center, blue
shirt), Chairman of the Conservation Commission, complaining that
Mr. Morrison did grading and filling of
The issue became less clear this evening, as Mr. McAdam was not called upon to answer questions, and Ms. Chagnon said that when she spoke with Mr. Morrison, "I thought the work had already been done." "That's not true," Mr. Morrison replied. The road in question, Piazza Lane, is a private road, owned mostly by the State Department of Conservation and Recreation where it runs near the shoreline of Lake Whitehall. Mr. Morrison claims the right of a deeded access to his home on that road, which once went the full length of the peninsula where Mr. Morrison and Mr. Shepard own homes, and land that abuts each other. Mr. Morrison has often said that one day he would like to give his land to a conservation group. Ron Nation (Photo), a local developer known for a strong commitment to building quality homes in Hopkinton, such as Ravenwood and Valleywood, has purchased Mr. Shepard's land, likely on a contingency basis, and has been approved for nine single family homes by the Planning Board. Mr. Morrison has sued to appeal that Decision; Superior Court is the usual venue. Mr. Nation has also purchased outright, through Wood Street Realty Trust, an antique brick colonial style home on Wood Street at the entrance to the property, which has come under consideration as part of the plans he has presented. "Mr. Nation and Mr. Shepard are parties to a lawsuit with me and this is retribution," Mr. Morrison said, looking straight at this reporter as he took the Chair back from Robert Murphy, the Vice-Chairman who had been conducting the meeting. Mr. Murphy had said from the start that the public would not be allowed to comment, and he maintained that rule until pressure from the public in attendance, and reasoned arguments from members Steve Radel and Jack Speranza, convinced him to open a limited discussion to people in attendance. The discussion resumed after scheduled public hearings were held on other matters. Two of the major issues discussed by the Commission concerned whether a filing should have been made, and how to define the word, "activity" referred to under the State regulations. Neither of those questions, posed to the Commission by Mr. Murphy at the beginning of the meeting, were answered by the close. Mr. Morrison, presenting his case, argued at one point that if he had to get a permit, then the Commission would have to require the State to get a permit for salting roadways. He claims he filled potholes, but Mr. Nation presented photos of a gaping, contoured roadway that was filled in and graded. Commission member Jack Speranza said, "It puts the Commission in a bad light. We'd all be more comfortable if this had come before us." During a break in this discussion, Mr. Nation said, "People are trying to sweep things under the rug and it's not going to work. You put down 100 yards of gravel and that's not a cause for a filing? Of course it is," he said. "The big guy got caught throwing dirt down when he shouldn't have, and he got caught," said Mr. Shepard. Mr. Morrison has stated that others have been doing the very work for years. "I've lived there 18 years and the town has never done any work," said Mr. Shepard. "I don't think this rises to the level of enforcement," said Mr. Murphy. Mr. Shepard, in a letter, has asked that a Stop Work Order be issued. "If anyone else would do this, would we have bounced it around?" said member Steve Radel. "The presumption is that this was ongoing for years," said Mr. Murphy, referring to other parties presumably having done the same work in the past. Mr. Morrison said, "What has changed here is who is paying John Larter to do the work," meaning that he pays Mr. Larter, rather than the town. "Is it your property?" asked Mr. Radel. "It is a deeded right-of-way," replied Mr. Morrison. "If someone else would come in, would we do it differently?" asked Mr. Radel. "If we have received a request from a resident that someone did work under the Wetlands Protection Act, Ellen would have gone out and some sort of notice would be issued," said Mr. Speranza. "We would have sent a letter saying you need to file an intent," said Ms. Chagnon. "When Brian first spoke to me, I understood the work was done," she said, explaining that she later learned it had not been done. One of the members speculated, "It looked okay," referring to her reading of the applicable rules. "Not in so many words. I said I had to look at the State regs. Then, apparently the work was done," she said, meaning that the work had been done before she had gotten back to Mr. Morrison on the meaning of the State regulations. "There was nothing issued in writing," she added. "Ellen has been to the site and determined it's not a significant impact to a resource area," said Mr. Morrison. Ms. Chagnon said it was "today" that she first visited the site. "My opinion was that under the bylaw, it [the work done] was exempt. But under the State, I would need to inquire as to what constituted an 'activity.'" "He's put in 100 yards of material on a road he doesn't own," said Mr. Shepard at one point. "Talk to my attorney," answered Mr. Morrison. Ms. Chagnon said that after speaking with Mr. Morrison about his plans, "I said that I had to look at the State regs. Then, apparently the work was done. There was nothing issued in writing by the ConCom," she said. Mr. Nation presented photos in which he claimed was silt in the lake from runoff from the private driveway. "Do what anyone else would do in a resource area," said Mr. Nation. "File a Notice of Intent." The Commission plans to visit the site before deciding whether or not to take any action. After that, it is presumed they will also report to the Selectmen.
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a roadway without filing
proper permits. The Selectmen read the letter in their last open
session, and questioned Brian Morrison, who said he had spoken with
Conservation Administrator Don McAdam and Scientist, Ellen Chagnon
from his office before the work was done, and according to Mr.
Morrison, they said he did not need to file.