Littleton Conservation Commission approves two wetland denial orders in roll-call votes

LITTLETON — June 23, 2023 — Littleton Conservation Commission formally approved written denial orders for two properties Friday, closing out contested wetland cases at 166 Mill Road and 107 Mattawanakee Road. The commission voted unanimously to approve the denial order for 166 Mill Road (MassDEP 204-0981), citing encroachment within 40 feet of a bordering vegetated wetland, prior wetland impacts from an existing driveway, and a stormwater management threshold exceedance; commissioners also noted on the record that the applicant declined to submit a formal alternatives plan, saying the sun did not reach the other side of the house. The 107 Mattawanakee Road denial (MassDEP 204-0921) passed 5-0 with two abstentions following a line-by-line review of a multi-section written decision covering nearly three years of hearing history since the notice of intent was filed November 3, 2020; commissioners directed counsel to add a standalone section noting that the applicant repeatedly failed to provide requested technical information, including soil erodibility data and a formal alternatives analysis. Both orders were approved subject to final review by Town Counsel before issuance, and commissioners acknowledged that if the Mattawanakee applicant appeals, the case would go to bylaw review before reaching MassDEP.