Conservation commission issues second enforcement order for 71 Southworth Street, sets Feb. 15 deadline for restoration plan

The Town of Lakeville Conservation Commission voted to issue a second enforcement order to the owner of 71 Southworth Street, requiring a restoration plan and timetable and setting a deadline of Feb. 15 for submission.

Background: Commission staff said the original enforcement order was issued in August after unpermitted site activity, including construction of a pond hydraulically connected to surrounding wetlands. Staff reported little subsequent progress: an engineer had been hired and placed stakes, and a botanist had been retained, but the commission received only an email saying the botanist would "keep you in the loop." Commission members said five months had passed with no substantive restoration plan or schedule.

Motion and outcome: A commission member moved to issue a second enforcement order and to require a restoration plan and a timetable by Feb. 15; the motion was seconded and carried on a voice vote. Members directed staff to deliver the order and give the owner 30 days from delivery to respond; commissioners said a lack of adequate response would justify referral to the Massachusetts Department of Environmental Protection (DEP) for further action.

Why it matters: Staff said the original violation involved more than 10,000 square feet of disturbance, which staff indicated DEP considers a significant violation. Commissioners said issuing a second order documents the town's efforts and provides the administrative trail needed should DEP be asked to step in.

Next steps: Staff will draft the second enforcement order with the deadline and deliver it to the property owner. Commissioners discussed inviting DEP to participate in a site walk if compliance is not achieved and noted that the second enforcement order will also be forwarded to DEP.

Ending: The commission voted the motion and staff said they would draft and deliver the order.