The Conservation Commission on Jan. 9 heard public objections to a proposed pool and cabana at 31 Dukes Road, where Brian Madden of LEC Environmental represented the applicant and described a 15-by-30-foot pool, a 240-square-foot cabana, dry-laid patio work and a short sewer-pump connection using the existing force main.

Karen McClellan, an abutter who said she owns 37 Dukes Road, read a letter into the record alleging that a previous order of conditions on the property was not fulfilled and said neighbors had "seen effluent in the wetland, and it was obviously leaking." McClellan asked the commission to revisit the older order of conditions; she said an inspection letter had not been received in years and that the issue had persisted for decades.

Chair Seth Engelbart responded that a prior certificate of compliance was issued to the earlier owner and that the commission has limited authority to overturn a closed order unless a condition was explicitly carried forward. "That condition is no longer active because a certificate of compliance has been issued," Engelbart said, noting staff would review records to confirm whether any conditions had been carried forward.

Madden, the applicant’s consultant, said the proposed force-main connection would be a short segment within the driveway and would not traverse the easement area; he said the design maintains a two-foot separation to seasonal high groundwater and that no waivers were being requested for the pool and cabana.

After public comment, the commission voted by roll call to close the hearing on the Barrett application. The vote carried with Commissioner Linda Williams recused. Engelbart and staff advised McClellan that documented current violations (visible effluent or proof of discharge) could be addressed through an enforcement route or referred to the Board of Health, but that tonight’s hearing would not reopen past settled orders. Madden said he would pass McClellan’s letter and concerns to the new property owners and project engineer.

What happened next: the commission closed the public hearing on Barrett (31 Dukes Road) by roll call; the applicant and staff will address any outstanding technical questions offline and the record will include McClellan's letter as submitted.