Mr. McDonald is a write-in candidate for first selectman in the November 3 municipal election. Mr. Dirienzo is running for reelection to the Board of Selectmen.

Mr. McDonald said that would not be necessary.

Reviewing the purpose of a show cause hearing and what is expected from the commission, Mr. Dirienzo said, "We need to review evidence, decide if there has been a violation, what is the violation and what mitigation is necessary."

The cease and desist order was executed June 19 for unpermitted, regulated activities at 6 Baker Road, after a site investigation by Wetlands Enforcement Officer Mary Barton on June 18.

WEO Barton's investigation began after the Land Use Office received a complaint forwarded from the first selectman's office concerning activities in a watercourse and wetlands area at 6 Baker Road and 1 Judds Bridge Road.

Ms Barton found that during a significant rainstorm, an excavator hired by the owner of 6 Baker Road reportedly was removing an existing lawn and creating a berm near the property line of 1 Judds Bridge.

The site work reportedly created a path in a delineated wetlands and watercourse.

Upon further investigation, Ms. Barton, assisted by the resident state trooper, walked through the woods from 1 Judds Bridge Road to 6 Baker Road.

Her investigation revealed that a path appeared to have been created earlier to cross the watercourse and delineated wetlands area at 6 Baker Road.

Ms. Barton reported that logs were placed across a delineated wetlands soil boundary and buffer area that access the property at 1 Judds Bridge Road.

At its June 23 meeting, the Inland Wetland Commission upheld Ms. Barton's cease and desist order and required: A temporary stabilization erosion plan with silt fencing and hay bales be in place by July 1; the mitigation plan be reviewed by the Northwest Conservation District; a mitigation plan be presented at the Inland Wetland Commission meeting on Tuesday, July 28.

At the July 28 IWC meeting, soil scientist Henry Moeller, representing the McDonalds, told commissioners he recommended that perennial rye be planted in the disturbed 392-foot area and that the logs remain so the owner can access that portion of the property.

Mr. Dirienzo said he would prefer that wetlands seed be used.

Mr. Moeller reported he sketched the total area of exposed soil and found no evidence of soil erosion or sedimentation from that area to the brook.

Mr. Dirienzo said the commission needed a date when the logs would be removed and when the wetlands would be flagged.

The wetlands needed to be flagged to determine the berm's distance to the buffer.

Mr. Moeller clarified that he had not been told to send the plan to the Northwest Conservation District.

The commission noted the absence of the requested July 1 erosion control, the failure to send the plan for review to the Northwest Conservation District and pointed out that the plan presented on July 28 was not a mitigation plan.

The commission approved a motion to refer the complaint /enforcement of McDonald/6 Baker Road to the town attorney.

At the IWC's August 25 meeting, commissioners and Mr. and Mrs. McDonald agreed to send the mitigation plan to Sean Hayden of the Northwest Conservation District for his opinion.

At the commission's September 22 meeting, Vice Chair Jan Napier, who ran the meeting in the absence of Mr. Dirienzo, reported, "Sean Hayden [soil scientist, Northwest District] informed Chairman Dirienzo he was unable to get his report to us in time for this meeting.

"I spoke with Russ today on this. We can continue this hearing tonight; we can review any new information that we have; or you may want to present and then decide whether to continue tonight or go to next month."

Mr. and Mrs. McDonald agreed.

"We have the ESM [Environmental Science Management Consultants] letter from Dr. [Gene]McNamara [Environmental Science Management]," Mr. McDonald said.

"The ESM letter is informative. We also want to hear what Mr. Hayden has to say," Ms. Napier said.

The commission and Mr. and Mrs. McDonald all agreed to continue the hearing to the October meeting.

And so to last Tuesday. Mr. Dirienzo reviewed correspondence from the commission, Sean Hayden, Northwest Conservation District; and Dr. McNamara, Environmental Science Management, on the mitigation plan.

Mr. Hayden recommended "the removal of the logs, the stabilization of the stream bank and to seed with native material."

Dr. McNamara recommended that a time frame should be determined for the McDonalds to resolve the encroachment and remove the log bridge or submit an application for a bridge.

Mr. Dirienzo said he believes it is too late in the season to seed.

Commissioner Rob Horrigan said he viewed the site last month and concurred it is too late to seed.

Commissioner Sue Fitch worried that a wet spring season would impact the mitigation time frame.

Commissioner Pat O'Conner noted that the illegal crossing would be in place for 11 months.

Mr. Horrigan questioned the purpose for the bridge.

Mr. McDonald explained its purpose is to patrol that area of his property.

Mr. Dirienzo explained this could be done on foot, noting that the regulations require a purpose for the bridge and asked if there is a feasible and prudent alternative.

Mr. McDonald said he might submit a plan for a culvert and rip rap in order to have a permanent bridge to access the rear portion of his property.

Commissioners agreed that the mitigation plan need to be completed by May 1, 2010; requested that an update on the project be included in the April 2010 IWC meeting agenda; required that the wetlands enforcement officer be informed five days prior to the removal of the bridge; and stipulated that the commission be permitted to perform inspections, with permission from the owner, of the site from now until that time of completion and re-inspection.

Commissioners then approved a motion to close the show cause hearing.

Mr. Dirienzo read the cease and desist order-approved motion for the record. It keeps the cease and desist order for McDonald/6 Baker Road in effect until the temporary bridge is removed and the WEO approves that the area has been stabilized.

The bridge must be removed and the area seeded before May 1, 2010. The WEO must be notified five days before and must be able to schedule to be on site when the bridge is removed.

The WEO must inspect the site one month after the bridge is removed and inspect that seed put down has stabilized the area.

Once the area is stabilized the commission will agree to release the cease and desist order with no fines under the order.

The commission will put the issue on the April 2010 meeting agenda and ask that Mr. or Mrs. McDonald or their agent attend that meeting to provide an update.

Ms. O'Conner asked for clarification regarding the fine. Mr. Dirienzo explained that there will be no fine if the conditions of the mitigation under the cease and desist order are followed.

He clarified that the fine that was imposed under the municipal order is a separate action.

Mr. Horrigan asked for confirmation that no other activity is to take place other than the approved mitigation plan.

Mr. Dirienzo explained that the cease and desist order will not be lifted until all work is done and the commission is satisfied; no other work can be done on the property until then.

Mr. Dirienzo suggested that Mr. McDonald sign and return the letter he received from the town attorney regarding this matter.

"I've submitted a written appeal and will allow the law to run its course," Mr. McDonald said.

Mr. Dirienzo suggested that the contractor should not ignore the fine.

"They intend to appeal and allow the law to run its course," Mr. McDonald said.

In other business, commissioners heard from Engineer Brian Neff representing the Laufers' application for driveway improvements at 360 Southbury Road.

Mr. Neff explained the applicants have a freezing and drainage issue. He has recommended a swale on both sides of the driveway and widening the driveway area apron to correct a difficult turn into the driveway.

Commissioners will visit the property next week.

Engineer Doug DiVesta, representing the town for maintenance and repair of three culverts, showed the commission photographs of the areas that needed the work.

The first photo showed the first culvert off Jacks Brook. This culvert will be re-pointed by hand.

The second photo showed a culvert just before Squire Road. Mr. DiVesta recommended reforming the concrete and the use of a net to prevent concrete from entering the brook.

The third photo was of a culvert north of Flag Swamp. This culvert will require a sand bag edge, hand digging and reforming the concrete.

Mr. DiVesta explained he would like to get the project underway as soon as possible, before the repaving project slated for South Street.

The commission approved the motion for the Town of Roxbury application/South Street-Maintenance and repair of culverts.

Mr. DiVesta then took up the second town application for a culvert repair at Judds Bridge.

Mr. DiVesta showed a map and photo of an eroded culvert. He recommended the creation of a slop with large and small rocks and rip rap placed to prevent further erosion.

First Selectman Barbara Henry confirmed that the town crew would do the work.

The commission approved the motion to approve the application of the Town of Roxbury/ Judds Bridge-Culvert repair.

Mr. Dirienzo read a letter from Conservation Commission member Erika Ketchum that shares data and sightings of eastern box turtles over the past ten years in the area of the proposed AT&T cell tower at Transylvania Road.

The data is being sent to the state Department of Environmental Protection.

The next Inland Wetlands Commission meeting is at 7:30 p.m.Tuesday, November 24, at Town Hall.