TIMELINE: Delineation and Survey

Within the first week of Carl Hale’s involvement with Lot 2, David Paulson of the Natural Heritage & Endangered Species Program requested that Carl produce a map showing intended development and drainage planning for the property. This request occurred shortly after new water flow appeared across Lot 2 following recent land disturbance on adjacent parcels.

At the time this map was prepared, Lot 2 had experienced only several days of newly introduced groundwater and surface flow. Recognizing that the aquifer-fed discharge could not simply be stopped, Carl’s initial intent map showed a controlled, gravity-fed flow path. The map directed water entering Lot 2 from Lot 3 to move easterly across the property and then toward the rear of the proposed home site, where it could reconnect with an existing intermittent drainage path leading toward Cooley Brook below the property.

The purpose of this proposed route was to maintain hydrologic continuity, prevent ponding, and avoid creating or expanding wetland conditions through artificial obstruction.

Despite this proposed drainage approach, enforcement action was directed at Lot 2, and activity on Lot 2 was halted from approximately 2009 through 2011. During this period, Carl repeatedly sought resolution and was prevented from implementing the proposed drainage plan.

During the same general period, the adjacent developer stated that he intended to run a ditch on his property and discharge the water over the side of the mountain. The water was later redirected away from the drainage route Carl had proposed, disconnecting it from the existing stream connection that Carl had attempted to preserve.

Carl produced numerous versions of the requested intent maps, as directed, while site conditions continued to change due to activity on neighboring parcels. Photographic documentation of these maps exists.

Photo Date: April 13, 2010
Location: Lot 2, Pitcher Street, Montgomery, MA

Photo D-2 — Groundwater discharge and altered surface flow on Lot 2.
This photo shows muddy surface flow and disturbed ground on Lot 2 following winter thaw. Water is visible moving through an altered drainage path, with exposed rock and graded areas nearby to be filled in - elevations raised more to divert flows from Lot-3. The photo is included to show that wetland delineation activity occurred while site hydrology was unstable and affected by recent upstream disturbance.

Following winter thaw, Carl Hale returned to Lot 2 and observed ongoing groundwater-fed discharge entering the property from the direction of exposed rock and upslope disturbance. The visible water movement appeared connected to prior alteration of an aquifer-fed area on adjacent land, where rock, soil, and grading had affected the natural flow path.

On or about this time, Joseph Petronino was present on the property and identified himself as performing wetland delineation work for the Massachusetts Fish and Game Department. When asked about the site, he reportedly stated that most of Lot 2 appeared acceptable, but that certain vegetation near the property boundary warranted flagging.

At the time of this delineation, the area shown in the photo had recently been disturbed and did not appear to reflect stable, long-term wetland conditions. The following conditions were observed:

• The area had been previously graded and disturbed. 
• Surface water was actively moving through the site following thaw and upstream alteration. 
• The visible water appeared to be the result of redirected groundwater flow rather than a naturally established wetland system originating on Lot 2. 
• Site conditions were still changing due to activity on neighboring parcels. 

The following day, wetland flags placed during the delineation were observed in a different position. According to a neighboring landowner who reported witnessing the activity, Kevin Walkowski was present in the area before the flags were found moved. The adjusted flag line appeared to extend farther onto Lot 2 than the conditions observed during the original delineation appeared to support.

This photo is included to show that the wetland boundary later applied to Lot 2 may have been influenced by temporary, altered, or redirected water conditions rather than stable pre-existing wetland conditions on Lot 2.

Survey / Planning Map – circa 2009–2010
Location: Lot-2 and Lot-3, Pitcher Street, Montgomery, MA

This survey map shows the physical layout of Lot-2 and Lot-3, including topography, the originally identified wetland area located in the upper left portion of the map bordering Lot-3, and the proximity of a known aquifer located downslope and within approximately 50 feet of that wetland.

The wetland shown in the upper left corner represents the only clearly established wetland area at the time. This wetland originated on Lot-3 and extended toward Lot-2 due to altered hydrology following upstream land disturbance. No naturally occurring wetland was present in the central or western portions of Lot-2 prior to the aquifer being obstructed and redirected.

This map also shows my proposed stream crossing and controlled drainage layout, intended to safely convey water across Lot-2 and reconnect it to the existing downstream stream system leading to Cooley Brook. These intentions were disclosed early and repeatedly during discussions with Natural Heritage and DEP personnel.

Despite this, I was later instructed by David Paulson of the Natural Heritage & Endangered Species Program to remove or “cut off” the wetland depiction from Lot-3 entirely, effectively eliminating any recorded wetland on Lot-3 while leaving Lot-2 subject to expanded wetland constraints. Email correspondence documenting these instructions exists.

This map demonstrates:

• The original and limited location of the true wetland
   
• The close relationship between the aquifer and the wetland boundary
   
• That proposed drainage and stream crossings were known to regulators
   
• That wetland boundaries and representations were altered administratively rather than based on stable site conditions
   

Photo Caption

Photo D-6 — Fill and grading activity near Lot 2 / Lot 3 boundary after wetland survey work.
This photograph shows the Lot 2 / Lot 3 boundary area later in the 2010 season, after wetland survey work had already occurred and shortly before wetland documentation was finalized for recording. The photo documents graded lawn area, fill placement, and altered ground conditions near the area where drainage patterns later changed.

During this period, fill material, including loam, was observed being placed on adjacent Lot 3 by developer Kevin Walkowski. Carl Hale personally observed this activity, including multiple truckloads of material being deposited and spread in the area.

Following this fill and grading activity, surface water and groundwater flow appeared to shift northward toward Lot 2. Water began concentrating downslope from the fill area, contributing to sustained saturation in areas that had not previously shown the same wet conditions.

The white birch tree visible in the photograph is located upslope from the lower saturated area and helps identify the location of the fill and grading activity relative to the drier portion of the site. Tree lines and rock features to the right side of the photograph indicate the nearby drainage / stream area on Lot 3, where water continued moving eastward and then downslope over the mountain.

This activity occurred shortly before wetland documentation affecting Lot 2 was finalized and recorded. At the time of the original wetland survey, these post-fill drainage conditions did not yet exist.

Carl Hale reported concerns regarding continued filling and altered hydrology to Natural Heritage personnel, including David Paulson, at the time these changes were observed. Email correspondence exists regarding later instructions to remove or “cut off” the wetland depiction from Lot 3.

Looking Northwest 

This photograph was taken on October 22, 2009, looking generally north/northwest across the Lot 2 / Lot 3 area. The image shows recently disturbed and graded land, with the ground sloping down toward the lower area near the Lot 2 boundary.

The large rock visible near the lower right portion of the image is near the Lot 2 boundary area. A trench or drainage cut was later observed near this area, directing water eastward toward the mountainside rather than through the controlled drainage route Carl Hale had proposed.

This photo is included to document early site conditions shortly after land disturbance began. At this time, there was no established driveway or completed house construction visible in this area. The image helps show the pre-development slope, disturbed soil conditions, and the location where later drainage changes affected water movement toward Lot 2.

This photo supports the conclusion that drainage conditions on and near Lot 2 were being altered during the early development period, before final wetland boundaries were recorded or relied upon.

 D-5 — Levesque Associates Wetland Delineation and Expanded Wetland Mapping / Third Wetland

Purpose

This exhibit documents later wetland delineation work performed by Levesque Associates after the Town of Montgomery advised that Lot 2 could not proceed toward permitting until wetland issues were addressed by a professional familiar with the property.

Summary

Carl Hale was advised by the Town of Montgomery that Lot 2 had unresolved wetland issues and that building permits would not move forward until wetland conditions were professionally defined. Carl was directed to Levesque Associates, which was described as familiar with the land and appropriate for the work.

Carl then contacted Levesque Associates and provided a deposit for the work. At that time, Carl instructed Levesque Associates that no field work should be performed until a site walk could be completed, because Carl had important background information regarding prior wetland disturbance, drainage changes, existing site conditions, and a previously recorded wetland document at the Hampden County Registry of Deeds.

Before that walk-through occurred, Carl received a call to come to the property. Upon arrival, he observed that the land had already been staked and flagged. Carl was then informed that the property was under Cease and Desist restrictions and that no alterations were allowed. Carl was also told that he had violated a wetland.

During this interaction, Carl was questioned about whether he had moved rocks, dug trenches, or altered stone walls. Carl maintains that the drainage and wetland conditions being observed were related to prior disturbance and altered hydrology from adjacent parcels, not new work performed by him.

Levesque Associates later prepared plans and instructions, and Carl was charged more than $8,000 for the work. When the work was being prepared for recording at the Hampden County Registry of Deeds, it became apparent that an earlier wetland record already existed. This raised a concern regarding the relationship between the prior recorded wetland documentation and the later Levesque delineation.

The significance of this exhibit is that Lot 2 was required to undergo additional wetland delineation even though prior wetland documentation already existed, and even though the observed water conditions appeared connected to prior disturbance and drainage changes involving adjacent parcels.

Map Caption

Map D-5 — Levesque Associates Wetland Delineation and Expanded Wetland Mapping for Lot 2

This map is included to show the later wetland delineation prepared for Lot 2 after the Town of Montgomery required additional professional wetland review. The map should be compared with earlier site photographs, prior wetland records, and drainage evidence showing that water conditions changed over time due to activity on adjacent parcels.