Commission raises easement enforcement questions after swing set, fire pit found on Windibrook easement

Conservation commissioners reported multiple encroachments on a conservation easement adjacent to the Windibrook (Wendy Brook) subdivision, including a children’s swing set, a fire pit and persistent mowing into the easement.

A commission member who walked the easement described meeting a homeowner and finding a swing set and mowed turf over the easement. The commission noted that in many parts of the development boundaries are not clearly marked, which has contributed to repeated encroachments.

Commissioners reviewed the easement deed language cited during the meeting, which requires that if the town becomes aware of a violation, the party causing the violation be notified in writing, delivered in hand or by return receipt. Commissioners agreed that a friendly but formal written notice should be sent to the owners or the homeowners association when appropriate.

Members discussed practical enforcement limits: several easements date from 2001 and ownership, homeowners association records or contact information can be out of date. Commissioners noted that enforcement would likely require follow‑up and, in the most serious cases, legal action — a step the town may reserve for repeated or deliberate violations.

The commission agreed to assemble a packet containing the easement deed, survey maps and photographs of the encroachments and to draft a notice letter for review. The commission also said it would invite property owners to join monitoring walks when possible to clear up boundary uncertainties.

There was no vote on enforcement; commissioners directed staff and volunteers to gather documentation and prepare draft letters for review.