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Somerset council conditionally approves Mid Atlantic Builders’ fence and retaining-wall changes after neighbor complaints
Summary
After neighbors complained of sidewalk damage, illegal parking and repeated code problems, Somerset Town Council approved a permanent amendment for 4712 Falstone to add a six-foot fence and replace a retaining wall, but stayed permit issuance until Jan. 10 and ordered additional outreach to nearby residents.
Somerset Town Council voted to conditionally approve a permanent amendment submitted by Mid Atlantic Builders to alter plans for 4712 Falstone, adding a six-foot fence and replacing an existing stone retaining wall, but delayed permit issuance to allow additional neighbor outreach.
The decision followed public testimony from neighbors who said the construction site had repeatedly violated town rules. "Mid Atlantic has had a record from the beginning of ignoring the rules and codes of our town," Lucy Freeman, who lives opposite the property at 4719 Falstone, told the council, citing a damaged sidewalk, improperly parked trucks and ongoing parking violations. The applicant acknowledged problems and said his team has tried to respond promptly. "We have been very responsive ... and we try to take care of things immediately," the builder said.
Council members debated whether to table the matter or proceed. Several councilors said the fence portion complies with the code, while others emphasized the retaining-wall work is more intrusive and could affect neighboring yards. Town staff and the town attorney told the council that permit-notice rules require first-class mail and email and confirmed the town’s ability to issue fines for code violations.
The council approved the amendment with specific conditions: the permit will not be issued until Jan. 10; within five days the town manager will contact owners of 4710 Falstone and 5528 Trent to ask whether they object and whether they request a hearing; if either neighbor requests a hearing the council will rehear the matter at the Jan. 20 work session and the permit issuance will be stayed pending that rehearing.
The council discussed enforcement tools if the project continues to create problems. The town attorney said fines are possible for code violations tied to a building permit; the town manager indicated administrative fines could be assessed and the council could add conditions to approvals. Council members urged clearer communications and better construction-site oversight to reduce daily disruptions for adjacent homeowners.
The council’s conditional approval leaves the fence and wall project authorized in principle but puts a short, defined pause on construction until neighbors receive direct outreach and have a limited opportunity to seek further review.
