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Enforcement case at 52 Clevepawn Road continued; commission requires formal wetland delineation and restoration plan

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Summary

Owner presented a survey overlay showing roughly 13,000 square feet of disturbed material; the commission ordered a certified wetland scientist to complete a formal delineation, a restoration plan, and continued the matter to July 22.

The Lakeville Conservation Commission reviewed an enforcement order for a property identified in the record as 52 Clevepawn Road on July 8 and continued the matter to its July 22 meeting, directing the property owner to provide a formal wetland delineation and a restoration plan prepared by a certified wetland scientist.

The property owner (who identified himself in the record as Derek Faxi) attended the hearing and supplied a survey overlay created by Dave Madigan’s surveyor to show the location and extent of the disturbed area. Mr. Faxi told the commission he had intended to rely on a contractor (named in the record as Steve Schmi[e]l / Shamil — the transcript contains variant spellings) to perform soils sampling and a full delineation, but that person had been unavailable. To provide something for the commission to review, Faxi had a surveyor overlay the MassMapper data to mark the disturbed area.

Commission members and the owner discussed the likely scale of disturbance. The owner and the commission estimated the disturbed area at roughly 13,000 square feet (about just under a quarter of an acre). The commission emphasized the enforcement order’s requirements: (1) a complete delineation of resource areas by a certified wetland scientist, (2) a restoration plan to be presented at a regular conservation meeting, and (3) any and all work to be supervised by the conservation agent or a commissioner. The commission also reiterated that no debris removal should occur until the restoration plan and delineation are approved.

The owner said he would have the wetland scientist conduct strip testing (described in the record as “strips across to find the beginning and the end”) and provide a written plan with mapped locations and photographs showing where material would be relocated. Commissioners asked that the conservation agent witness soil probes or sampling in selected locations. The owner agreed to submit a written plan.

The commission formally continued the enforcement hearing to July 22, 2025, at 6:30 p.m. at the Lakeville Police Station and asked for the delineation report and restoration plan before any restoration or material removal began.