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Conservation commission denies request to keep unauthorized car path at 2450 Indiantown Road

January 08, 2025 | Fall River City, Bristol County, Massachusetts


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Conservation commission denies request to keep unauthorized car path at 2450 Indiantown Road
The Forward Conservation Commission on Jan. 6 denied a request to grant an order of conditions for an unauthorized vehicle access route at 2450 Indiantown Road, citing a lack of required information from the applicant.

Dan Aguilar, conservation agent for the commission, told members the restoration plan filed by Ecosystem Solutions Inc. on behalf of owner Jeff Sylvia was incomplete and that the agent had received an email saying the applicant “have no intention in submitting the requested information.” He recommended denial of the order of conditions on that basis.

The commission’s denial was procedural: members were asked to make findings that the requested information had not been provided and that the applicant had indicated no intent to supply it. The motion to deny carried on a roll-call vote (ayes recorded; tally not specified in the transcript). The denial applies only to the request for an order of conditions; it does not foreclose later enforcement steps.

Why it matters: The commission said the unauthorized path altered wetland areas under a prior enforcement action dating to the late 1990s (file referenced in staff materials). Dan Aguilar noted the original 1997 order had not been recorded at the registry of deeds, which limited enforcement leverage; staff have now recorded that order so the restriction will appear on future title searches and can impede an unremedied sale.

What happens next: Aguilar told the commission it can either keep the matter on its agenda indefinitely or take additional enforcement action. He said options include issuing an additional enforcement order or referring the matter to the state Department of Environmental Protection for enforcement. The commission directed staff to revisit outstanding enforcement orders at next month’s meeting and compile a list for an annual enforcement plan.

Context and details: The notice of intent (SE-24-831) was a restoration plan tied to an enforcement matter (staff referenced a prior file, SE-24-289). Commission members and staff described multiple consultants and parties that had been involved in earlier attempts to resolve the issue, including negotiation between the city water department, the landowner, and consultants such as Brandon Fanning and NEC Northeast Consultants. According to staff, the unauthorized path dates to about 2017 and cuts through wetland jurisdictional area.

The commission’s action applies strictly to the permit request; any future restoration or enforcement steps will be separate proceedings.

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