Wetlands Dispute

TEWKSBURY – When are wetlands, wetlands? It’s not as easy a determination as one might think. Are there wetlands on the property at 60 Chivas Circle or not? Charles Pastorello and his neighbor Manuel Alves have been seeking the answer to that question for a few years now. In June of 2002 Tewksbury conservation officials told them that there are wetlands on the property, but by November of the same year they were told that there were no wetlands.

The trouble began in the spring of 2002 when Alves went to put in an above ground swimming pool in the back yard of his Maplewood Road home, which backs up to the back yard of his Chivas Circle neighbor. His neighbors alerted Town officials that it was too close to wetlands and that trees in the buffer zone had been cut down. Conservation Administrator Walter Polchlopek visited the site and sent a letter in June of 2002 stating that Alves needed to file a Request for Determination with the Tewksbury Conservation Commission because the proposed pool location was located within the buffer zone that is less than 100 feet from the wetland.

On July 1st 2002 Polchlopek approved the application for the pool with the handwritten condition that Alves plant trees in the left rear corner of the lot as discussed, and a building permit was issued the next day. Trees were planted in the northwest corner and the project continued.

When the Massachusetts Department of Environmental Protection contacted the Town, Polchlopek visited the site once again. This time he tested the soil. He reported in a November 2002 memo that his on-site inspection revealed no wetland area that would impact the Alves project. Polchlopek explained (in a 2005 deposition for a lawsuit between the two neighbors), “In using the three parameter method for wetland delineation, my findings indicate that this area has soils that are not hydric and in addition the area lacks hydrology characteristic of a hydric soil, therefore, it is not a wetland.”

So how do Town officials explain the discrepancy in the two reports that were completed only five months apart? The spring visit was a cursory site visit, an observation of the land in question. The second visit, in the fall, included the soil testing and a more in depth review of the land. Community Development Director Steve Sadwick said that the two different types of visits could account for different results. He expressed his confidence in Polchlopek’s experience and ability to make wetland determinations.

Polchlopek explained that soil, vegetation and water must all be scientifically evaluated. There are types of vegetation and soil that are typical of wetlands and a water evaluation requires that a water table be high with a certain percentage of days when the water comes to the surface during the growing season.

“It takes more than one season to evaluate the wetland relative to hydrology. Technically it is supposed to be a year to ten years,” explained Polchlopek in the deposition.

In spite of knowing that a good portion of their back yard is a wetland, the Pastorello’s have now submitted a proposal for the construction of a patio with new drainage, stone wall, shed and grading, some of which is within the 100 foot buffer zone, but outside of the 25 foot no disturbance and additional 25 foot no build zones. Pastorello said that they bought the property knowing that the back yard was wetland and it would severely limit what they could do with the yard. He and his wife want the wetland area declared on their property and the buffer zone enforced and protected. They also want their project, which they believe conforms to wetland regulations, to be approved as soon as possible.

The Public hearing for the proposed project at 60 Chivas Circle was brought to a recent meeting of the Conservation Commission and after some discussion and with several questions unanswered, it was postponed until the September 5th meeting. The reasons for the postponement were that it is still unclear if there are wetlands on the property, and that a full topography map of the site was requested. A final decision on the status of the land is set for the September 5th Conservation Committee meeting.

The final determination of whether or not there are wetlands, and where, will have a direct impact on the project for the Pastorello’s. If wetlands are found to be too close to the area they intend to work on, then the improvement project could be denied, and if there are no conservation issues the project could go forward.

The outcome of the wetland issue now has no bearing upon the Alves backyard pool. According to Polchlopek’s deposition, if the Chivas property is determined to have wetlands, it will not affect Alves because “It’s an exempt activity. Even if the area ended up being a wetland, it’s in excess of the 50 feet that’s indicated in the exemptions.” The fence that has been installed would not have to come down either, as it does not interfere with wildlife because there are openings underneath it.

Copyright 2007 CBLEGVOLD. All Rights Reserved.

Lia's Field of Dreams

Tewksbury second-grader Lia DiFronzo fulfilled a dream on Monday August 12th that few adults ever get to experience. As the Boston Red Sox prepared to take on the Tampa Bay Devil Rays, Lia threw out the first pitch during opening ceremonies!

“It was fun and exciting,” said Lia the next day in a phone interview.

Lia’s adventure at Fenway Park was courtesy of the Jimmy Fund. Lia is battling against a rare form of Leukemia and while in for treatments one day someone from the Jimmy Fund asked if she would like to go to a game, throw the first pitch and meet Tim Wakefield.

Lia’s mother, Laura DiFronzo, said Lia was so excited, and the timing was perfect and it was something that lifted the spirits of the entire family.

DiFronzo, described a whirlwind of activities that started with their arrival at Fenway Park at 4:30 in the afternoon. A Red Sox representative met them and escorted them during their visit.

First they went to the field to see some batting practice. Unfortunately it rained and there was no batting practice, but they visited with Ball Girl Stephanie Maneikis, who is also a Fenway Ambassador, for a few minutes until it was time to go to the clubhouse to meet Tim Wakefield.

DiFronzo said that Wakefield was wonderful with Lia and her brother Rico. He talked to them and allowed them to ask any questions they wanted. When the kids wanted to know how to hold a ball for a knuckle ball pitch Wakefield took the time to show them and explain it to them. He also offered to autograph things for them, posed for some photos, and had hugs for Lia.

As the whirlwind continued the DiFronzos found themselves being interviewed for a Sunday night sports program on NESN. DiFronzo said that while she was a little nervous, the kids did a great job with their interviews.

They had just enough time to go up to the Green Monster seats to take a look around the park before they had to be back on the field for the 6:30 pre-game activities. Soon it was time for Lia’s first pitch. She went out the mound alone, independent, as she wanted it, and threw that first pitch. Her mom said that “Being there [Fenway] is always exciting, but this was just…” …and there just weren’t words to describe her emotion!

After the opening ceremonies, Lia and her family went up to their seats in the grandstand where Lia was able to stay for the entire game to see her Red Sox beat the Devil Rays by a score of 3 – 0.

Lia is battling a rare form of Leukemia that was first diagnosed in spring of 2006 during a routine physical exam. She endured heavy doses of chemotherapy that put her into remission and allowed her to receive a bone marrow transplant from her brother, Rico, last August. Lia relapsed again in November. Doctors are now trying to get her back into remission so she is eligible for another bone marrow transplant.

In her CarePages.com online journal, Laura DiFronzo writes about the family’s medical ups and downs and experiences in daily life. Family and friends follow along through the entries and the community support has been overwhelming and wonderful.

In anticipation of Lia’s big day at Fenway, DiFronzo wrote [quoted with her permission], “She [Lia] still continues to be positive and full of life. After she was asked about the Red Sox game she looks at me and says" see mom, its not all that bad being sick! I get to do all this fun stuff." She really needed this right now and so did we all, a good pick me up for all of us.”

Copyright 2007 CBLEGVOLD. All Rights Reserved.