The Milton Conservation Commission is moving forward with a legal challenge against the Department of Environmental Protection (DEP) after the Select Board voted to fund an appeal in Superior Court. The dispute centers on the controversial development at 648-652 Canton Avenue, where the commission had previously denied a permit due to the planned use of 53,000 cubic yards of fill. Chair John Kiernan reported that the Office of Alternative Dispute Resolution (OADR) recently recommended supporting the DEP’s superseding order of conditions, which effectively bypassed the commission’s denial.

Kiernan explained that the commission’s argument rests on the natural and probable consequences of such massive filling near jurisdictional wetlands. The OADR reasoning was that it was outside of our jurisdiction, notwithstanding 53,000 cubic yards of fill, Kiernan said, noting that the DEP expects the town to wait until an impact actually occurs rather than anticipating it. Member Hans van Lingen inquired where the town would seek further recourse, asking, Where would our appeal be filed? Kiernan confirmed the matter would head to Superior Court in Dedham, adding that the Select Board’s approval was critical because it is a dollar item requiring full litigation funding. The town further argues that the DEP received new data during the process that should have triggered a remand back to the local commission.

Local enforcement remains a high priority for the board as they pivoted to a more aggressive stance regarding 45 Riverside Avenue. Following a period where the commission attempted a soft approach invitation to the homeowner regarding unauthorized marshland cutting and unpermitted construction, the board received no response. Philip Driscoll, the Conservation Clerk, noted that a certified letter was sent but remained unacknowledged as of the meeting date. Chair Kiernan suggested that the time for patience had ended. My suggestion is that we issue an enforcement order... That will be a cloud on the title and will leverage the person to come in, Kiernan stated. Motion Made by J. Kiernan to issue an enforcement order to show cause as to why further action should not be implemented by the conservation commission; send it certified mail, wait 10 days, and then record it with the Registry of Deeds. Motion Passed (7-0). Member Arthur Doyle emphasized the dual nature of the violation, noting that construction had taken place within the jurisdiction without a permit, in addition to the vegetation removal.

The commission also reviewed a request for a Certificate of Compliance for 510 Holland Street. Representative Ned Corkran, appearing for applicant Roberto Williamson, noted that while the project was in substantial compliance, a few minor deviations occurred, including a retaining wall placed three feet closer to the house and a new 325-square-foot crushed stone walk. The work was completed in substantial compliance with the order and the plan, Corkran told the board. Conservation Agent Steve Ivas supported the request following a site visit. They've done a wonderful job, Ivas said, describing the new stone path as a nice little curvy walk that appeared safe and aesthetically pleasing. Motion Made by I. Beattie to issue the certificate of compliance as being in substantial compliance with the approved plans. Motion Passed (7-0).

Looking toward future fiscal planning, Member Arthur Doyle highlighted a potential grant opportunity for FY27 involving the Neponset River Watershed Association (NRWA). The study focuses on marsh restoration for 33 acres of town-owned land, which could involve reditching old mosquito channels to improve drainage and mitigate flooding near Riverside Avenue. When Member Wendy Garpow asked for clarification on the technique, asking, Did you say they're going to be reditching? Doyle and Kiernan explained that the practice is seeing a resurgence in professional circles. It's back in vogue for water flow and marsh health, rather than just insect control, Kiernan noted, adding that the silt in the area has been stagnant for two centuries due to the Baker Dam.

The meeting concluded with updates on rising water levels caused by beaver activity between Canton Avenue and Harland Street. Member Thomas Palmer shared observations of three dams and three lodges that are currently impacting local culverts. The beavers aren't predictable, Palmer said, noting that the water levels are high enough to submerge culverts even during dry periods, causing flooding toward the local rink. Palmer is currently coordinating a site visit with experts for the spring to evaluate natural resource solutions. Additionally, Palmer raised questions about potential lease renewals at Quarry Hills, noting that Quincy is considering a home rule petition to extend leases there to 90 years for hotel development. While Milton’s lease is currently in a 50-year term, the commission expressed interest in using any future negotiations to restore public trail access that had been previously restricted.