TIMELINE: Land Purchased for Derrick Hale – 2009 to Present

D-1 Initial Intent Map Requested by Natural Heritage (2009)

Within the first week of my purchase of Lot-2, I was instructed by David Paulson of the Natural Heritage & Endangered Species Program to produce a map showing my development intentions. This request occurred immediately after new water began flowing across Lot-2 due to recent land disturbances on adjacent properties.

At the time the map was requested, Lot-2 had experienced approximately three days of newly introduced groundwater flow. Recognizing that the aquifer discharge could not be stopped, my initial map depicted a controlled, gravity-fed flow path whereby water entering Lot-2 from Lot-3 would move easterly across the property and exit behind the proposed home site in a northly direction. The discharge point was designed to reconnect with an already existing intermittent stream from Lot-1 across our Lot-2 that ultimately flows into Cooley Brook, located below the property.

This approach was intended to maintain hydrologic continuity, prevent ponding, and avoid wetland creation caused by artificial obstruction.

Despite this, a Cease and Desist Order was issued, halting all activity on Lot-2 from 2009 through 2011. During this period, I repeatedly requested resolution or reimbursement and was prevented from implementing the proposed drainage plan.

During this same timeframe, developer Kevin Walkowski stated to me, “I have connections with the DEP — don’t worry about the water. I will run a ditch on my property and get rid of it over the side of the mountain.” He subsequently did so. This action permanently diverted the water away from its historic downstream connection and disconnected it from the existing stream network — a result that I had been expressly prohibited from addressing on my own property.

I produced numerous variations of the requested intent maps (approximately fifteen), as repeatedly directed, while site conditions continued to change due to actions taken on neighboring parcels. Photographic documentation of these maps exists.

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

Following winter thaw, I returned to Lot-2 and observed ongoing groundwater discharge emerging from exposed rock. This discharge resulted from a previously plugged aquifer located upslope, with soil repeatedly added to redirect flow toward Lot-2.

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

At the time of delineation:

• The area shown had been previously graded
   
• No established wetland soils or hydrophytic vegetation were present
   
• Surface water was actively flowing due to artificial obstruction of groundwater, not natural wetland conditions
   

The delineation occurred while site conditions were unstable and actively altered by upstream activity.

The following day, wetland flags placed during the delineation were observed to have been repositioned. According to a neighboring landowner who witnessed the activity, Kevin Walkowski was the only individual present and moved the flags so that they extended significantly onto Lot-2. The adjusted flag line extended nearly to the Lot-3 driveway, despite that driveway being well removed from the recorded property boundary.

This relocation materially altered the apparent wetland boundary and placed regulatory constraints onto Lot-2 that were not supported by site conditions observed at the time of delineation.

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 Date: August 19, 2010
Location: Lot-2 / Lot-3 boundary, Pitcher Street, Montgomery, MA

This photograph was taken later in the 2010 season, following completion of the wetland survey work and during the period immediately preceding the planned recording of wetland boundaries at the Hampden County Registry of Deeds.

At this time, fill material (loam) was actively being placed on Lot-3 by developer Kevin Walkowski. Multiple truckloads were observed being deposited to raise and extend the graded lawn area. This fill activity redirected surface and subsurface water northward toward Lot-2.

 Groundwater and surface flow instead began concentrating approximately 20 feet downslope from the area where loam fill was placed. Following the placement of fill, this lower area experienced sustained saturation and later became the zone identified as a proposed wetland by the property owner, Derrick Hale.

Prior to the placement of fill material, this area did not exhibit persistent wet conditions or characteristics consistent with a naturally occurring wetland.

The white birch tree visible in the photograph is located approximately 100–150 feet upslope from the fill area and represents a dry, well-drained portion of the site. This area does not exhibit persistent saturation.

To the right side of the photograph, tree lines and rock features indicate the location of the existing stream channel on Lot-3. That stream carries water eastward and then exits the area over the mountain. The property boundary lies immediately adjacent to this feature.

These fill activities occurred shortly before the wetland documentation for Lot-2 was finalized and recorded. The result was a significant alteration of drainage patterns, causing water to back up and spread into areas of Lot-2 that had not previously functioned as wetlands.

All observed changes and concerns regarding continued filling and altered hydrology were reported to Natural Heritage personnel, David Paulson, at the time they occurred.

 At the time of the original wetland survey, these post-fill drainage conditions did not yet exist. 

Looking north 

I'm now told by the Town of Montgomery that "our land has issues" no permits to build will occur until you hire Levesque Associates, preferred because he knows the land. OK, I told Page Liberty and drove to Lévesque Associates. There, he accepted my check as deposit for work. I gave them instructions that I want no work done until we do a walk around. I have things to tell you. I received a call, went up there, the land was all steaked out, I was accused of violating a Wetland, all our good land was now wetland and he was very rude, didn't allow me to talk. He said this land is in a Cease and Desist state, you are not to alter anything. I was asked if I moved any rocks, dug any trenches or moved stone walls. I was charged over $8,000 and was given full prints and instructions. The day he went to record the work in Hampton County Deeds, he found I already have a wetland and was very angry and threated to call the State Police on me if I call his office again. The Town of Montgomery refused to let me build because I can't define my wetland.