Recently, social media posts by two Somerset Selectmen boasted the clearing of a large portion of the Somerset marsh known as the Dublin Street Marsh to bring back ice skating there as it once was. Town residents commented joyfully about the happy memories of skating there in their youth, and the general consensus was one of happy nostalgia.

 

The former President of Somerset's environmental group Save Our Bay Brayton Point, Allen Smith, (who is now Chairman of the Somerset Selectboard) in his capacity as Selectman, apparently directed his town's Highway Department Director to go ahead and clear the marsh, enabling it to be flooded once again for ice skating this winter.

However, not everyone in town (and beyond) was happy to see the cleared marsh. Almost immediately after the photos were posted to Smith's social media, complaints began arriving on the desks of MA DEP agents, and other state environmental agencies, triggering a visit by state environmental personnel to the marsh. The visit resulted in a formal written notification from MA DEP.

 

WSAR has received a copy of the letter from MA DEP, dated November 1, 2022 and addressed to Town of Somerset Select Board, as well as Town Administrator Mark Ullucci, which states in part; "The Massachusetts Department of Environmental Protection has conducted an on-site inspection of the above referenced property in response to a complaint of alleged violations of the Wetlands Protection Act." The letter goes on to cite the law chapter and verse, and then states; "This activity was conducted without a valid Order of Conditions. Therefore, in accordance with the Act, MA DEP has issued the enclosed Enforcement Order. The Order requires that you cease and desist from any unauthorized activities within the boundaries of any wetland resource area and / or its associated 100-foot buffer zone." The letter closes with a list of potential punitive actions which may be taken, should the cease and desist order not be adhered to.

 

The cease and desist order was Cc'd to the Somerset Conservation Commission, attention Robert Camara, Chair, and Health Agent Timothy Turner.

 

The background on ice skating on the Marsh goes all the way back to 2007 when the state agreed to expend approximately $300,000.00 to install a new box culvert designed to better enhance tidal flushing along the Taunton River and Labor In Vain Brook, (which is downstream of the project) and the town agreed to phase out public skating on the marsh over the following two years. Skating has been defunct at the Marsh since 2010.

 

WSAR reached out to all three Somerset Selectmen for comment. Select Board Chairman Allen Smith did not return our call. Selectman Lorne Smith did take our call but refused to comment on the situation, only stating, "We are working on something and we'll get back to you on it." Selectman Jacob Vaught had this to say, "Although I did not have the pleasure of enjoying skating on the Marsh, I agree with the idea that it would be wonderful to have outdoor ice skating for the children and families in Somerset. My only concern is that actions were taken in this matter without following the proper town government procedures. I feel had the proper procedures been followed to re-open the Marsh to ice skating, we could have all achieved our common goal much sooner, and much easier. As it stands now, we are probably looking at a minimum 18 month delay, and that's IF the state approves the town's Notice of Intent."