The Town of Burlington

Conservation Department

25 Center Street

Burlington, MA 01803

781-270-1655

Fax 781-238-4690

conservation@burlmass.org

 


“We do not inherit the earth from our ancestors, we borrow it from our children.”

- Native American Proverb


 

 

 

Meeting Agenda

(Refresh browser for latest agenda)

Meeting Schedule

 

ConCom Functions & Objectives

Why Protect Wetlands?

Description of Resource Areas

Regulated Activities

The Wetlands Protection Act

Burlington’s Wetland By-Law

Commission Policies

Which Application Do I Need?

Permit Applications

Fee Schedule

Conservation Areas

 

Commission Members

Contact Us

 

2005 Open Space & Recreation Plan (large PDF file)

2005 Stream Cleaning Report

 

Useful Links

 

 

Town Home Page

 

 

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Welcome

 

Welcome to the Town of Burlington Conservation Commission web page.  The purpose of this page is to provide users with information regarding the function of the Conservation Commission, the value of protecting wetlands, and the wetland permitting process.

 

This page also contains information about recent conservation news and events as well as the Town’s conservation areas.  The conservation areas provide citizens with an opportunity to enjoy passive recreational activities such as hiking, photography, and nature watching.  As Burlington continues to grow, these areas become increasingly important as the few places where residents can enjoy the natural environment, where wildlife can find critical habitat, and where the functions of nature can continue.

 

Sincerely,

Conservation Staff

 

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Functions and Objectives

 

In 1957 the Massachusetts legislature passed the Conservation Commission Act, which authorized municipalities to establish Conservation Commissions “for the promotion and development of natural resources and for the protection of watershed resources.”  The Burlington Conservation Commission was founded in 1966, and has been an active participant in wetland conservation in Burlington ever since.  In 1972 Conservation Commissions were afforded the authority to administer the Wetlands Protection Act (MGL Ch. 131, Sec 40).  In addition to the Wetlands Protection Act, Conservation Commissions are also charged with governing activities that fall under the local Wetland By-law (Article XIV of the General By-laws).

 

Through its experiences working on projects within the town, the Commission has adopted a number of findings and practices that it believes promotes the best interests of wetland protection and the regulations of the Wetlands Protection Act and the By-law.  While these policies do not have the weight nor legal standing of laws or regulations, the Commission will expect all applicants to make a good-faith effort to meet the following standards.

 

The Town of Burlington is a wonderfully diverse area in which to live, visit, work or play.  The area is also blessed with a lot of natural beauty in the form of its environmental resources, which include rivers and wetlands.  Over ten percent of the total acreage in Burlington is either wetland or land under water.  The development of industry and commerce in the southern half of the town has provided the community with a significant amount of opportunity and financial growth.  Yet, with this continued development of the town, it is imperative that we make an effort to protect our remaining natural resources.

 

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Why Protect Wetlands?

 

Once looked upon as wasteland, Massachusetts’ wetlands have historically been filled in, or used as dump sites.  Since the late 1700’s, nearly one third of Massachusetts’ wetlands have been completely destroyed, and the majority of the remaining wetlands have been damaged, polluted, or altered.

 

Eventually the state of Massachusetts become concerned about the loss of its resource areas, and passed the nation’s wetland first protection laws.  The “Jones Act” was passed in 1963 to protect coastal wetlands, and two years later the “Hatch Act” was passed to protect inland wetlands.  In 1972 the “Jones Act” and the “Hatch Act” were combined and revised to form the Massachusetts Wetlands Protection Act (M.G.L. ch. 131, s. 40).

 

The Massachusetts Wetlands Protection Act identifies eight public interests that wetlands serve.

 

1.      PROTECTION OF PUBLIC & PRIVATE DRINKING WATER SUPPLIES – Wetlands contribute to both the quality and quantity of public and private drinking water supplies by contributing to the ground water supply, protecting against storm damage, and prevention of pollution.

 

2.      POLLUTION PREVENTION – Wetland plants and soils slow down the flow of water, allowing suspended sediments to settle out.  The plants in a wetland also trap, remove, and/or dissolve pollutants in the water such as phosphates, nitrates, and heavy metals.

 

3.      GROUNDWATER SUPPLY – Not only does groundwater contribute to drinking water supplies, as mentioned above, it is also very important in maintaining water levels in many rivers, streams, lakes and ponds.  Finally, groundwater provides a vital source of water to plants between rainstorms.

 

4.      FLOOD CONTROL – Wetlands help control flooding by slowing down and storing floodwaters.  The plants and soils in the wetland absorb much of the water.  The remainder is released at a slower, steadier rate.

 

5.      STORM DAMAGE PREVENTION – During a storm, wetland vegetation stabilizes the soil and prevents erosion from wind, ice, and fast-moving water.  Friction from the plants found in wetlands also slows down the velocity of potentially damaging storm waters.

 

6.      PROTECTION OF FISHERIES – In addition to preventing contamination, wetlands provide a valuable food source and habitat to many fish species.

 

7.      WILDLIFE HABITAT – Wetlands don’t only provide habitat for animals in the water.  Birds, mammals, reptiles, and amphibians also use wetlands for food, shelter, and migratory and breading areas.

 

8.      PROTECTION OF LAND CONTAINING SHELLFISH – In coastal areas, wetlands provide habitat and protection against pollution for shellfish such as mussels, clams, and oysters.

 

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Description of Resource Areas

 

The Massachusetts Wetland Protection Act identifies and protects the following resource areas found in the Town of Burlington:

 

1.      Water Bodies:

a.      River – A natural flowing body of water that flows through out the year, and empties into any ocean, lake, pond, or other river.

 

b.      Stream – A body of running water, including brooks and creeks, which moves in a definite channel in the ground due to a hydraulic gradient, and which flows within, into or out of a wetland plant community or an area subject to protections under the Act.  A portion of the stream may flow through a culvert or beneath a bridge.  Such a body of running water that does not flow throughout the year is a stream except for that portion upgradient of all bogs, swamps, wet meadows, and marshes.

 

c.       Pond – any open body of fresh water with a surface area observed or recorded within the last ten years of at least 10,000 square feet.  Ponds may be either naturally occurring or man-made by impoundment, excavation, or otherwise.

 

2.      Land Under Water

The landward boundary of Land Under Water is the mean annual low-flow elevation for streams and the mean annual low-water level for lakes and ponds.

 

3.      Resource Areas Bordering Water Bodies:

a.      Bordering Vegetated Wetlands – Freshwater wetlands which border on creeks, rivers, streams, ponds, or lakes.  These types of wetlands are wet meadows, marshes, swamps, and bogs.  Bordering Vegetated Wetlands are areas where the soils are saturated and/or inundated such that they support a predominance of wetland plants.

 

b.      Bank – A bank is the portion of the land surface which normally abuts and confines a water body.  It occurs between a water body and a vegetated bordering wetland and adjacent flood plain, or, in the absence of these, it occurs between a water body and an upland.  A bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel, or stone.  The upper boundary of a bank is the first observable break in the slope or the mean annual flood level, which ever is lower.  The lower boundary of a bank is the mean annual low flow level.

 

4.      Land Subject to Flooding:

a.      Bordering Land Subject to Flooding – An area with low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds or lakes.  The boundary of Bordering Land Subject to Flooding is the 100-year floodplain.

 

b.      Isolated Land Subject to Flooding – Any isolated depression without an inlet or outlet, which at least once a year confines standing water to a volume of at least one acre-foot of water, with an average depth of at least six inches.  The boundary is the perimeter of the largest observed or recorded volume of water confined in the basin.

**Under Burlington By-Law Article XIV, all Isolated Land Subject to Flooding 500 square feet and larger is a protected resource area.

 

5.      Buffer Zone:

a.      100-Foot Buffer Zone – In addition to the resource areas identified above, the Conservation Commission has jurisdiction over land extending one hundred feet horizontally outward from the boundary of any…

Bank                                                                           any creek

Freshwater Wetland             bordering on              any river

Marsh, or                                                                   any stream, or

Swamp                                                                       any pond

 

The 100-foot buffer zone is not protected in the same way as the land and water bodies identified above.  However, activities within the buffer zone are subject to the Conservation Commission’s jurisdiction.  Any proposed activities within the 100-foot buffer zone must be reviewed by the Commission.

 

6.   Riverfront Area – The Riverfront Area extends two hundred feet horizontally from the mean annual high water line of a river or perennial stream.  No new construction or disturbance is permitted within the first 100 feet of the Riverfront Area, and all work proposed in the second 100 feet of the Riverfront Area must have no significant adverse impact on the interests protected by the Act.

 

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Regulated Activities

 

When any of the following activities occur within the resource areas mentioned above, the proponent of the activity must file an application with the Conservation Commission and a permit must be obtained before any work can be started at the site.

 

Removing

To take away any type of material, thereby changing an elevation, whether temporarily or permanently.

 

 

Filling 

To deposit any material so as to raise an elevation, either temporarily or permanently.

 

 

Dredging 

To deepen, widen, or excavate, either temporarily or permanently.

 

 

Altering 

Changing drainage characteristics; changing flow patterns; changing sedimentation patterns; changing flood detention areas; lowering the water level; lowering the water table; destroying vegetation; changing water temperature; changing biochemical oxygen demand; or changing physical, chemical, or biological characteristics of the receiving water.

 

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The Wetlands Protection Act

 

To read, or obtain a copy of the Massachusetts Wetlands Protection Act and its Regulations please click here.

 

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Burlington’s Wetland By-Law

 

To read, or obtain a copy of Burlington’s Wetland By-Law (Article XIV, section 1.0) please click here.

 

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Commission Policies

 

 

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Which Application Do I Need?

In general, smaller projects (such as additions, pools and minor grading) can be permitted through the Request for Determination of Applicability.  Larger projects, or those involving altering wetland resource areas, generally require a Notice of Intent.  Feel free to contact the Conservation office when in doubt.

 

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Permit Applications and Procedures

 

Request for Determination of Applicability (RDA)

 

Instructions & Forms:     Instructions:              Forms:

WPAForm1.pdf               WPA1Inst.doc           WPAForm1.doc

150 KB                                    143 KB                           148 KB

 

Notice of Intent (NOI)

 

Instructions & Forms:     Instructions:              Forms:

WPAForm3.pdf               WPA3Inst.doc           WPAForm3.doc

189 KB                                            201 KB                                    296 KB

 

Abbreviated Notice of Resource Area Delineation (ANRAD)

 

Instructions & Forms:     Instructions:              Forms:

WPAForm4a.pdf             WPA4aInst.doc         WPAForm4a.doc

158 KB                                            148 KB                                    229 KB

 

Amendment to an Order of Conditions

 

To obtain an Amendment to an Order of Conditions, the applicant must submit a written request for the amendment to the Conservation Commission at least two weeks prior to the next meeting date.

 

                        Extension Permit for an Order of Conditions

                                                        

An Order of Conditions is valid for three years from the date of issuance.  If an extension is needed, the applicant must submit a written request for the extension to the Conservation Commission at least 30 days prior to the expiration date of the Order of Conditions.

 

Request for Certificate of Compliance

 

Forms:                               Forms:

WPAForm8a.pdf             WPAForm8a.doc

342 KB                                            99 KB

 

Burlington Wetland By-Law Application

 

Abutter Notification Form

 

 

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Fee Schedule

 

State Fees – Directions for calculating the state wetland application fees are outlined at the end of the individual state application forms.

 

Local Fees – Click fees to go to the local fee schedule.

 

* The fee schedule is available in Adobe pdf format.  If you do not have Adobe click here to download a free copy.

 

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Meeting Schedule

 

The Conservation Commission normally holds regularly scheduled meetings beginning at 7:00 p.m. on the second and fourth Thursdays of each month.

 

To be included on an agenda, you must submit the appropriate application or written request at least two weeks prior to the desired meeting date.

 

The Conservation Commission’s next scheduled meeting will be on June 22.

Note: the June 8 meeting has been cancelled.

 

 

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Meeting Agenda

 

 Please click here to view the next meeting agenda. (Click refresh for latest agenda).

 

The Conservation Commissions next meeting agenda will be posted approximately one week prior to the next scheduled meeting. 

 

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Conservation Commission Members

Picture coming soon!

Seated (left to right): Kerry Melanson, Larry Cohen – Chair, Marylee Everett– Vice Chair

Standing rear: Christopher LoRusso, James Nash, Indra Deb, Gail Lima       

 

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Contact Us

 

Conservation Staff

 

If you should have any questions or need assistance, Burlington's Conservation staff is available every weekday, excluding holidays, between the hours of 8:30 a.m. and 4:30 p.m.

 

Phone:            (781) 270-1655

 

Fax:                 (781) 238-4690

 

Email:             John Keeley, Conservation Administrator – jkeeley@burlmass.org

 

Randy Newell, Conservation Assistant – rnewell@burlmass.org

 

                        Ellen Longo, Principal Clerk – elongo@burlmass.org

 

 

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Conservation Areas         

 

Would you like to be a Land Steward for a Conservation Area?  Click here!

 

Sawmill Brook Conservation Area                         Mill Pond Conservation Area

Littles Brook Conservation Area                            Pine Glen Conservation Area

Vine Brook Conservation Area                               Fairfax Conservation Area

Sandy Brook Conservation Area                             Longmeadow Brook Conservation Area

Ipswich Conservation Area                                     Lubber Brook Conservation Area

Chadwick Conservation Area                                 Rock Pond Brook Conservation Area

Forest Field Conservation Area                              Muller Road Conservation Area

Marion Road Conservation Area

 

 


Rules and Regulations for Conservation Areas

 

 

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Sawmill Brook Conservation Area

This conservation area is comprised of 27 acres of mostly dry woodland, wetlands and meadows.  There are several trails through the property, with the main north/south trail blazed blue and the dead-ended side-trail blazed yellow.  Sawmill Brook forms the southern border for most of the parcel.  Birds and other wildlife give visitors an opportunity to enjoy nature.  The property is accessible from a gate on Mill Street, from the gas line easement at Erin Lane, and from a trail starting behind the Fox Hill Elementary School.

 

Be sure to check out Burlington’s historic Clapp’s Mill Site!  The Clapp’s Mill Site consists of almost 4 acres directly adjacent to the Sawmill Brook Conservation Area, and contains the remnants of an historic dam and mill.  A small parking area is located at the end of Sawmill Road off of Mill Street.

 

 

 

Mill Pond Conservation Area

The largest conservation area in Burlington, the Mill Pond Conservation Area includes over 140 acres of rolling and steep terrain.  Numerous marked and unmarked trails cross through the conservation area.  These trails allow for long enjoyable hiking or biking experiences.  The land has numerous access points, including the corner of Winter and Chestnut Streets, through a gate at the end of Hansen Avenue, and through a gate at the end of the offshoot from Town Line Road.

Right click and save map. Does not load quickly on web. You need Adobe Reader to view.  It’s free here.

 

 

Littles Brook Conservation Area

With 36 acres, this is the second largest conservation area in Burlington.  Much of the area is steep, with low-lying wetlands in the western portion.  Many marked and unmarked trails cross the area and provide a place to stroll and watch nature at work.  Access is available at the ends of Creston and Hillside Avenues, and at Mountain Road, where a gate marks the entrance to the land.  The Littles Brook Conservation Area can also be accessed from Overlook Park.

 

Right click and save map. Does not load quickly on web. You need Adobe Reader to view.  It’s free here.

 

 

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Pine Glen Conservation Area

A small, 6-acre parcel of land traversed by several brooks, the Pine Glen Conservation Area serves mainly to provide wildlife habitat and protect water quality.  The Conservation Commission blazed a loop trail with stream crossings.  This project was sponsored by the Department of Environmental Management Greenways Grant Program and allows for the Pine Glen School to use the land for educational purposes.  All access is from the Pine Glen School.

 

Vine Brook Conservation Area

The Vine Brook Conservation Area is 22 acres.  The parcel includes wetlands, woodlands, and Vine Brook.  Trails have not yet been blazed or marked through this parcel.  The marking of trails in the Vine Brook Conservation Area is a goal for the Conservation Commission in the near future.  Access may be gained at the end of Fowler Terrace Avenue.

 

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Fairfax Conservation Area

The Fairfax Conservation Area is a little less than an eighth of an acre.  Although it is small, the contribution it makes as a protected habitat corridor for wildlife is immeasurable.  This habitat corridor allows organisms to travel safely between habitats and reduces the number of animals killed by cars.

 

Sandy Brook Conservation Area

This 5-acre conservation area is primarily wooded swamp along Sandy Brook.  Because of its thick underbrush and wet ground, passive recreation is difficult.  Sandy Brook’s main functions are to protect water quality and provide flood storage.  Access to the land is available at the end of Saint Mark’s Road and Bedford Street.

 

Longmeadow Brook Conservation Area

The primary purpose of this land is flood control and water quality protection.  Its two acres include a variety of vegetation growing along a steep valley and the brook.  Access may be gained from a conservation restriction between South Bedford Street and the Longmeandow Assisted Living Facility on Mall Road.  There is also a 30-foot oil easement off of South Bedford Street through which the Longmeadow Brook Conservation Area may be reached.

 

Ipswich Conservation Area

 Consisting of boggy wooded swamp, this 3-acre parcel also includes a rock peak.  A large conservation area in Wilmington abuts this property.  Access in Burlington will eventually be made available through a trail easement leading from the end of Kingsdale Street.

 

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Lubber Brook Conservation Area

In addition to Lubber Brook, which passes through this parcel, a number of small brooks and wetlands are present.  Although this makes walking difficult, this land provides important wildlife habitat, flood storage and protects water quality.  Access is available from Cook Road.

 

Chadwick Conservation Area

This parcel of 3.78 acres of land contains a brook, wetlands, and woodlands.  Currently there are no marked trails in the Chadwick Conservation Area.  The access point for this area is at the end of Chadwick Road.

 

Rock Pond Brook Conservation Area

Most of this 3-acre parcel consists of steep uplands, although a brook traverses the back portion of it.  Access to the land is through an unmarked Right of Way off of Locust Street, which includes part of a dirt road and a steep slope.

 

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Forest Field Conservation Area

This parcel of mixed uplands and wetlands is located along the Boston Edison power lines between Mill and Locust Streets.  The combination of field and forest plus wetlands makes this a good area for nature study, especially birding.  While there are few paths in the area, the power line makes it easy for walking.  Currently, however, there is no legal access to the parcel.

 

Muller Road Conservation Area

This area comprises over 3 acres of dry land that was donated to the Town for conservation purposes.  Much of the land is under high-tension lines and due to the proximity of the Middlesex Mall this parcel is used primarily by urban wildlife.  Access is available from Muller Road.

 

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Marion Road Conservation Area

 

 

The Marion Road Conservation Area is the most recent addition to the Town’s Open Space holdings.  Containing over 15 acres, it contains several acres of uplands, and an extensive wetland system that provides significant flood storage and water quality enhancement.  There is an excellent diversity of native vegetation throughout the parcel (including about a dozen very large shagbark hickory trees – a rare species in Burlington) that provide valuable wildlife habitat.  Hawks, owls, pheasants, foxes, woodchucks, and deer have all been spotted in the Marion Road Conservation Area.  The Marion Road trail map* shows that the area’s well-used trail system can be accessed from Evergreen Avenue, Marion Road, and through a gate located off of Bedford Street adjacent to the Pine Haven Cemetery.

 

* NOTE: right click and save map. Does not load quickly on web. You need Adobe Reader to view.  It’s free here.

 

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Rules and Regulations for Conservation Areas

 

You may:

1.      Hike, ski, and snowshoe on trail prepared for these activities.

2.      Observe a variety of songbirds, birds of prey, and other wildlife.

3.      Discover unusual wetlands, meadows, and plant species.

4.      Picnic on a carry-in, carry-out basis.

5.      Use radios with earphones only.

6.      Walk dogs on a leash only.

7.      Camp overnight with special permission from the Conservation Commission.

8.      Have group picnics or cookouts with special permission from the Conservation Commission.

9.      Ride horses with permission from the Conservation Commission and under dry land conditions only.

 

You may NOT:

1.      Litter.

2.      Deface or vandalize.

3.      Hunt or trap.

4.      Remove plants or wildlife.

5.      Cut firewood.

6.      Swim.

7.      Carry firearms.

8.      Play paintball games.

9.      Have campfires.

10.  Possess alcoholic beverages.

11.  Drive or ride motorized vehicles, including automobiles, trucks, motorcycles, trail bikes, snowmobiles, all terrain vehicles (ATV’s) or any other vehicles driven by motors.

 

Return to Conservation Areas                                                                     Return to Index

 

 

                       


 

Useful Links

 

Site Inspection Reports

Town of Burlington Home Page

 

WATERSHEDS

Shawsheen River Watershed Association

Ipswich River Watershed Association

Mystic River Watershed Association

 

NATURE & WILDLIFE

Massachusetts Audubon Society

Natural Heritage & Endangered Species Program (NHESP)

MA Dept. of Fish & Game

Massachusetts Snake Page

Beavers: State regulations

MassWildlife - Beavers in Massachusetts

MA Law on beavers

Solving Human - Beaver Conflicts

Eastern Coyotes in Massachusetts

MSPCA Living with Wildlife program

Massachusetts Birding List

Invasive Plant Species

 

GOVERNMENT

MA Dept. of Environmental Protection (DEP)

EPA NPDES - Office of Wastewater Management

EPA New England

Army Corps of Engineers New England District

Federal Emergency Management Agency (FEMA) – Flood Insurance Information

USGS Water Resources of Massachusetts and Rhode Island

MassGIS - Online Mapping

 

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