Council reviews easement encroachment and unpermitted fire pit ahead of a pending property closing

Councilors reviewed a request tied to a pending property closing in the Sturbridge/Broomfield area where a backyard patio with a fire pit and a retaining wall were constructed without a zoning or building permit and at least some improvements lie over an existing stormwater easement.

A closing agent contacted borough staff about the issue late in the week; staff told council that the patio, fire pit and a fence were built without permits and that the built elements overlapped a stormwater-management easement that conveys runoff to a detention facility. Borough staff said the fence encroachment has been handled previously through a license or encroachment agreement that allows fence posts to remain but makes them removable at the borough's request. The council discussed whether the fire pit and other features should be removed and whether the closing should proceed.

What staff told the council: Staff said there is an existing, standard form for easement encroachment agreements used previously for fences or other minor improvements in easements; the borough would adapt that form to include the current property's drawing and specific conditions. The solicitor and public-works staff inspected the site; one staff member said the unpermitted work does not appear to have caused a major impact on the utility but that the gas line and stormwater pipe locations require caution. Staff recommended moving forward with an encroachment agreement for a fence and further review or removal of the fire-pit structure, which may be more significant because of gas-line proximity and retaining-wall excavation.

Closure and enforcement options: Council discussed enforcement options, including seeking removal of illegal improvements, use of escrow in a closing to guarantee remediation, and possible fines through the magistrate process if voluntary compliance is not achieved. Staff said the borough has handled similar situations before and that permit and encroachment fees should generally be paid by the property owner rather than the borough. Council asked staff to prepare the draft encroachment agreement and to bring the item back for formal action at a future meeting; no formal vote or agreement was finalized at this meeting.

Next steps: Staff will draft an encroachment/licensing agreement for council consideration, confer with the solicitor and public-works staff about the safety and utility impacts (including precise locations of the gas and stormwater lines), and advise the buyer or seller on permitting and potential remediation ahead of closing. The council instructed staff to move the matter onto a future agenda so a formal resolution or agreement can be considered.