A 50-foot trench near Still River Road, dug by the Department of Public Works (DPW) in October as part of its ongoing work on drainage systems around town, will remain in place for the foreseeable future. Still River Road residents Jack Whelan and Denis Wagner had complained to the Conservation Commission about the new trench, which cut across a neighboring driveway and could potentially funnel more water and sediment into a pond in their own backyard. The commission decided that the DPW would monitor the drainage system and report back in the spring.
Last week, the commission met with DPW Director Rich Nota to determine whether the DPW had the authority to dig the trench and to discuss future actions.
Nota said that because the trench was part of an existing drainage system, it was “very clear” that the DPW was within its rights to perform maintenance on it. The system had been built in 1938, but had filled up with road sand and wasn’t functioning properly before the October excavation.
Nota cited Massachusetts General Law Chapter 83, sections four and nine, for the DPW’s authority to work on ditches and drains on private property.
The driveway in question, an unpaved road leading into an empty lot, was technically in violation because it was put in on top of the original trench, Nota said. Both the trench and the driveway were ancient history, and Nota did not know if there had ever been a permit for the driveway.
Conservation Agent Liz Allard added that she had notified the affected landowner about the trench issue, but had received no response. The current owner, a Mr. Hoch, does not live in town, and the land is managed by a Boston law firm.
Commissioners agreed that the trench, stabilized with matting and riprap, was working as intended and that in recent rainfalls soil had been prevented from washing into the stream that led to the neighbor’s pond.
Whelan and Wagner also attended the meeting and restated their position that increased runoff could ruin their pond and flood their house. Whelan said that the house, which was very close to the pond, was at water level on a sunny day.
Chairman Paul Willard commented that a pond that close to the house was by definition a hazard.
