Conservation commission orders engineer verification of elevations at 173 Sunset Drive after neighbor complaints

The Town of Charlton Conservation Commission voted on a motion to require the property owner at 173 Sunset Drive to submit engineer-certified existing elevations and a plan to mitigate stormwater runoff within two weeks, after neighbors said construction has raised grades and diverted water onto adjacent lots.

Neighbors described what they said was substantial fill and gravel placed along the waterfront and across the front of the property, and alleged the changes have sent runoff onto adjoining yards, clogged or diverted a town drainage pipe and exposed new material on what several speakers described as the bed of Lake Glen Echo. A commission member said the panel had received photographs and a complaint alleging the current site elevations do not match the elevations on the approved April 2018 plan.

The commission’s action directs the owner to retain a licensed engineer to verify that the currently exposed and finished elevations match the approved plan; if they do not, the commission said it will require a proposed remedy or an amended plan. Commissioners also discussed interim measures to prevent runoff while work continues, including temporary walls or other diversion measures, and noted the commission traditionally requires an as-built (certificate of compliance) before final sign-off.

Commission staff told the room that the usual process is for the project to request a certificate of compliance when construction is finished and then submit an as-built showing any deviations. Because neighbors reported stormwater impacts during construction, the commission voted to require verification now rather than wait until the project is complete.

During the public discussion, abutters described observed changes in elevation, placement of gravel and silt fences, and asserted that fill extended several feet beyond prior shoreline and property features. The commission and staff noted they are not qualified to independently certify elevations and therefore need a licensed engineer to compare current grades with the approved plan.

The motion to request the engineer certification and mitigation plan passed after a second; the chair called for the vote and the commission approved the motion. Commissioners set a two-week target for the owner to provide the information and agreed that, in the interim, the owner should take reasonable steps to prevent additional runoff onto neighboring properties.

Background: the commission said the plan on file dates to April 2018. Complainants said portions of the waterfront show changed contours compared with prior photos and asserted the town’s easement and drainage had been affected. The commission asked staff to send a written request documenting the material the commission voted to require and to note that the commission will review the engineer’s submission and any proposed remedial measures before final approval.

The commission did not issue penalties at the meeting and did not order a stop-work condition; the recorded action was a request for documentation and a direction to address interim runoff concerns.