On May 20, Selectmen said they didn’t know who cut trees near a Washburn Park pond. Now, board members have accepted responsibility for a Wetlands Protection Act violation at the same site.

“The town is just as responsible as any other entity that undertakes work in a wetland, and we’re ready to do that in spite of this one time lapse,” Select Chair Jon Henry said. “This work exceeded the permissible conditions. We are ready, willing and able to accept the enforcement order.”

The Conservation Commission told town officials to stop all work within a 100-foot buffer zone of the Duck Pond, located in a wooded area behind Washburn Park ballfields.

Three weeks ago, Town Administrator Paul Dawson presented Selectmen with photographs of the cleared land. Dawson called the cutting a “mystery” and an act of “vandalism.” Board members pondered how the work could have been done. It was suggested that police patrols be stepped up in the area.

The matter was brought to the board following an anonymous tip called into the state’s Department of Environmental Protection (MassDEP).

According to MassDEP employee Joseph Ferson his department notifies a town’s Conservation Commission when  violations are reported.

“Enforcement is decided on a case-by-case basis,” he said.

Local commissions may levy enforcement actions.

“If the Conservation Commission determines it can proceed with local enforcement action it will. If they feel the Wetlands Protection Act has been violated then they could contact [MassDEP] who will then investigate.”

In addition to stopping all work in the area, town officials are required to file a comprehensive restoration plan and remove soil added to the wetland, per the commission’s order.

“We’ve done our best to make sure all activity has ceased and will begin the process of complying with the Conservation Commission,” Dawson said.

Should the town appeal the commission’s decision it must do so in state superior court. Dawson said the town would follow the commission’s orders.

“I think the enforcement order is pretty reasonable all things considered,” he said. “We’ll do our best to comply.”

Two years ago, Conservation Commission members worked with Recreation Department Director and Selectman Jody Dickerson to determine the buffer zone in the area where the work was done.

The spot had been a popular, well-kept picnic area with a small beach in the 1950s and 1960s. It has since been overgrown. A Marion native, Dickerson has long championed returning the park to its former grandeur. Clearing the land was part of a process to revamp the park.

Former Conservation Commission member Sherman Briggs also has ties to the park. A Marion native, his relatives mowed, maintained and kept an eye on area. Together, Briggs and Dickerson worked to mark the buffer zone near the Duck Pond so tree clearing could be done legally.

After the board’s May 20 meeting, Briggs disagreed with the board as Dawson said officials were unaware of the work. Briggs released photographs of Department of Public Works crews clearing the land to Sippican Week.

“They had permission to be down there,” he said. “But we put parameters on where the work could be done and those were not met.”

For Briggs, the work isn’t the problem. Dickerson was aware of the cutting and should have spoken up, Briggs said.

“It makes you wonder what else they are keeping a mystery. Why did they cover this up?” Briggs said. “Why would they jeopardize their integrity over this?”

Dickerson said it’s time to look at the bigger picture. Under his tenure, the Recreation Department now offers more than 40 programs, employs more than 30 youth in the summer and has added one more ball field.

“If Mr. Briggs is out for a witch hunt, great,” Dickerson said. “I’m ready to move on.”

After Tuesday’s meeting, Dickerson was asked why Selectmen did not mention that work was permitted near the Duck Pond. Dickerson said the work was lawful. However, he was unaware of the Wetland Protections Act violation.

“I did not know about that,” Dickerson said.

He added that photographs submitted by Briggs do not prove that the buffer zone was violated. Briggs then abruptly entered the Town House meeting space.

Briggs told Selectmen he was not told the Washburn Park issue would not be on the agenda. He scolded Dickerson for labeling his actions as a “witch hunt.”

“It’s time to move on,” Dickerson told Briggs.