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Planning Board gives Old Marsh operator one week to finish buffer plantings or refer license matter to Selectmen

Town of Wells Planning Board · September 24, 2024
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Summary

After the Old Marsh operator said vendor scheduling prevented completing required buffer plantings, the Planning Board set a firm short deadline and voted to forward the matter to the Board of Selectmen for possible action on the facility’s operating license if work is not done.

The Planning Board told Old Marsh operators that required buffer plantings and fence work must be completed promptly and approved a motion to escalate the matter to the Board of Selectmen if the work is not finished by the board’s deadline.

Staff reported the Old Marsh buffer work was in violation of approvals (missed deadline since Aug. 31). Sean McCarthy, the operator named by staff, said he had scheduled a landscaper for the week of Oct. 7 and explained the removal and hauling of pavement across site bridges had been more difficult than expected; he apologized and asked for additional time.

Board members expressed frustration at repeated delays. One member said they were "at the end of the rope" given a history of postponements. After discussion the board moved that if Old Marsh had not completed the agreed work by the end of the week (the date discussed in the meeting), the matter would be forwarded to the Board of Selectmen for them to consider action on the facility’s operating license. The motion passed unanimously.

Staff noted that a violation notice and freezing of building permits are available enforcement options and that, because the buffer is located on another parcel (Fairway Village), the code office could elect whether to withhold permits for that adjacent project.

Next steps: staff will monitor completion of the buffer plantings and, if work is not finished by the board’s deadline, will forward the matter to the Board of Selectmen for further action on licensing.