Dover Conservation Commission Reaffirms Backyard Pond Jurisdiction at 29 Saddle Ridge Road

DOVER -- August 28, 2024, Dover Conservation Commission reaffirms jurisdiction over a contested backyard pond and sets a three-week compliance deadline. The commission voted unanimously twice at its August 28 meeting to reaffirm a May 2024 finding that a pond at 29 Saddle Ridge Road meets the town bylaw's definition of isolated land subject to flooding, and to confirm an enforcement order requiring the property owner to submit a formal wetland delineation and disturbance assessment by approximately September 11. Consultant Mark Arno of Goddard Consulting had argued that 60 years of USGS groundwater data showed the documented flooding coincided with abnormal precipitation rather than average annual conditions, but Commission Chair John Sullivan called the groundwater analysis "a red herring," noting two on-site observations already met the bylaw's one-quarter-acre-foot threshold. The property owner, who said he sought only to reduce the pond's depth from roughly five feet to two feet for child safety, was told no hearing on proposed changes would be scheduled until the enforcement order is satisfied and an outstanding consultant bill is paid. The commission also approved a certificate of compliance for 120 Center Street, a one-year order-of-conditions extension for 159 Claybrook Road, and a 90-day emergency monitoring extension for the Chest Street Bridge, all unanimously.