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Staff reports administrative permits and several wetlands violations; encroachment dispute in litigation

3534877 · March 20, 2025
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Summary

Commission staff summarized two administrative permits and multiple enforcement updates, including requests for retroactive permits and an encroachment now tied up in litigation. Staff said property owners are cooperating and mitigation is expected after legal matters conclude.

Kevin (town staff) presented the commission’s enforcement and administrative-permit report during the March 19 meeting. He listed two recent administrative permits – 2025-2a for tree/plantings and 2025-3a for removal and replacement of an in-ground pool at a property – and provided updates on multiple violations and follow-ups.

Kevin said he had emailed Elm Street property owners to request a retroactive permit application and mitigation plantings and had asked owners at 82 Circle Drive to file a retroactive application related to imported fill. He reported on an encroachment between two properties (referenced in the transcript as 702 Drive / 951 Beaver Dam Road) and said he had met separately with both property owners; both are in litigation and expected to be sorting their boundary issues in May. “The property owner that committed the encroachment is fully on board to remedy the situation,” Kevin said, and he described the office as being in a holding pattern while legal matters are resolved.

Kevin said he met with another property owner at 162 Disbrow and provided a list of shrubs and trees for mitigation plantings; the owner has not yet filed an application. He also noted two additional locations on North Avenue and Britt Disbrow where follow-up will be required; one of those is likely to require a retroactive permit, Kevin said.

Commissioners Kim and James were asked if they had additions; the transcript records no substantive changes to Kevin’s report. Staff comments in the meeting reiterated that applications and mitigation plans would be requested of property owners and that compliance work is proceeding alongside any legal actions.