WILMINGTON, MA — Town Manager Jeff Hull announced at Monday’s Board of Selectmen Meeting that work on the Wilmington Town Dog Park, located at Town Park at 823 Main Street, has temporarily ceased in order for the Middlesex Canal Commission to review the town’s plans.
Middlesex Canal Commissioner Betty Bigwood wrote a scathing letter to the editor in last week’s Wilmington Town Crier, stressing that the Commission was not given the required written notice of at least 7 days before work on the Dog Park, which abuts the Middlesex Canal, began. Failure to notify the Commission violated state law.
The law requires that “at least 7 days before the appropriate board of a member city or town permits or approves an activity or action on land abutting the route of the Middlesex Canal, notice shall be given in writing to the commissioner.”
At its closest point, the park’s fence is just 120 feet away from the outside edge of the canal prism.
In a memo to the Board of Selectmen, Town Manager explained that the Town was unaware it needed to provide the Commission with formal notification. The Town was familiar with the original Act establishing the Middlesex Canal Commission — Acts of 1977, Chapter 403 — but was unaware of a 1982 amendment to the Act, which outlines the notification requirement. Hull noted the amendment could not be found on the Middlesex Canal Commission’s website.
After being notified of the oversight, the Town sent a formal written notification to the Middlesex Canal Commissioner on Friday, March 11 to satisfy the requirements of the current act and begin the 7-day countdown.
“From the onset of the design process, it was a primary goal to AVOID impact to the canal, trail and kiosk,” assured Hull, who noted that the town’s Engineering Division conducted a site walk last week and found no disturbance within the Middlesex Canal limits. The trail was found in the same condition as before work on the park began. Work has been limited to tree and brush removal so far.
“We anticipate construction to resume after the seven-day notification period expires,” Hull told Selectmen on Monday night. “If any portion of the trail, or the kiosk, is unintentionally impacted by this project, it will be restored to its original condition.”
“It was not the town’s intent to hide anything here,” stressed Hull, noting the Dog Park and its location was highlighted in his February 1 budget presentation. “We will take no action this week and wait to hear from the Commission and consider their comments.”
In her letter last week, Bigwood had plenty to say about the plan.
“We strongly oppose a Dog Park being placed in the Town Park at the entrance of the Middlesex Canal,” she wrote. “Under no circumstances should a Dog Park be put there… That the Town would choose that site is unacceptable. All work should cease until we discuss this.”
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