Littleton Conservation Commission Ratifies Enforcement Order at Zero Fort Pond After Backhoe Violation

LITTLETON -- July 8, 2025, Littleton Conservation Commission unanimously ratified an enforcement order against a contractor who used a backhoe to excavate a trench up to 18 inches deep and 10 to 12 feet wide within the 50-foot buffer of Fort Pond, more than double the five-foot wood chip path permitted under DEP order 204-0988. Contractor Steve Marsh, hired by applicant David Harrington for a dock and boathouse project, told the commission he used the backhoe to remove boulders and create a safe walking surface, saying he had not read the no-vehicle language as applying to excavation equipment: "I apologize, but I didn't read through it." The commission directed Marsh to reinforce erosion controls immediately, engage wetland scientist firm Goddard, and follow an arborist's root-trimming protocol before backfilling, with a site walk scheduled for July 14. In a separate 4-0 vote, the commission approved an amended order of conditions for the MassDOT-funded Foster Street reconstruction, substituting a 100-foot crushed stone diaphragm for four leaching catch basins that could not be installed due to groundwater depths as shallow as 34 inches along most of the 0.7-mile corridor.