A set of related notices of intent for properties in and near the Tom Nevers area — including applications tied to 86, 88 and 90 Mycoma Avenue — provoked extended public comment and close questioning by commissioners on Jan. 9.
Commissioner Linda Williams described the installed fence as "an 8 foot deer fence with very large posts with post caps" and said it was accompanied by substantial brush-cutting that exposed the structure to public view. Abutters and property managers told the commission the fence created visibility, screening and wildlife-passage concerns. John Walker, a northerly abutter at 112 Walwyneth, said the fence was illegally installed in May 2023 and "was not removed until over a year later," and he asked the commission to deny a waiver for an extension into the 50-foot buffer zone.
Applicant representatives, including Brian Madden and counsel Natalie Kaufman, said portions of the project would be relocated outside the 50-foot buffer and described the requested extension as a limited screening measure in response to neighbor activity. Madden said a short force-main and pump-pit connection would be located in the driveway footprint and not within the easement; Kaufman argued the extension was a reasonable response to on-site noise, a removable patio and other neighbor activities.
Commissioners pressed for specifics: they asked for fence schematics, the owner’s HDC filings, and clear delineations of wetland lines on abutting properties. Commissioners also emphasized the procedural update that the commission will not close hearings until related local permits (HDC, Board of Health, etc.) are applied for or obtained. Several commissioners requested a site visit; RJ Turcotte volunteered to perform a site visit before the next hearing.
Outcome: The applicants consented to continue the hearings to January 23, 2025. The commission scheduled a site visit on Jan. 21 (non-public and not for taking substantive testimony); staff said it would request property access or staging arrangements and reminded citizens that the commission cannot enter a private abutter’s property without permission.
The dispute highlighted overlapping jurisdictions: the Conservation Commission can require mitigation where off-site activity causes direct impacts to wetlands or buffer zones, but aesthetics and some neighbor disputes may fall to Historic District or other town boards. Commissioners said they would require a clearer record (plans, schematics, HDC filings) before considering any waiver.