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Owner of Kilburn Street property told to hire wetland consultant after clearing near Cook Pond; commission urges compliance

5937421 · October 7, 2025
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Summary

After staff found recent clearing and storage trailers near Cook Pond, the commission reiterated an enforcement order requiring the landowner to hire a consultant to map wetlands and submit required plans; the matter was tabled pending consultant engagement.

Conservation staff reported clearing and placement of storage trailers near Cook Pond behind the Kilburn Mill, prompting an enforcement follow-up. The owner’s representative, identified in the meeting as a managing partner (Marks), said some clearing occurred after contractors removed a vehicle from the pond and that existing material and millings had long been present on the property. The commission observed that the current level of clearing and placement of trailers exceeded historical conditions and falls within the wetland buffer.

Staff explained that the commission had issued an enforcement order and requested the landowner hire a consultant to prepare a wetlands delineation and a plan showing current conditions and any proposed work. The commission warned that failure to comply would require referral to the Massachusetts Department of Environmental Protection and could create deed encumbrances that would affect refinancing or sale.

The owner said he would work to hire a consultant; the commission agreed to table the matter and monitor progress. Staff advised the owner to submit the requested consultant contact and timeline by email if the consultant cannot be in place before the next meeting.

The commission emphasized that permitted clearing prior to work must follow the commission’s process and that neighbors and prior permittees that followed the proper process had different outcomes. The matter was tabled while the owner secures a consultant and submits the requested materials.