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Commission hears easement enforcement updates and moves to pursue feasibility on 80 Congress Street
Summary
Staff updated the commission on ongoing enforcement matters (42 Anvil Road; 361 Cross Highway) and confirmed a temporary injunction has been filed in court for 361. The commission voted to allow staff to pursue early feasibility work and due diligence for 80 Congress Street, noting the need for environmental site assessment and appraisal.
The Conservation Commission received multiple legal and acquisition updates on Feb. 25. Attorney Chris Russo, representing a property owner in the 42 Anvil Road matter, told the commission that resolving an alleged easement encroachment requires an updated site plan and survey showing improvements (driveway extension, stairs, shed and a small batting area) in relation to the conservation easement and the regulated wetland boundary. "I think the first step in my opinion in trying to resolve this is to have an updated site plan," Russo said.
Staff said the commission previously found a violation in the Anvil Road case but needs a new survey to determine whether recent improvements fall inside the easement or wetlands regulated area. If the survey shows the work was outside the easement, staff said the violation could be dismissed; if not, corrective action or permit review may be required.
On 361 Cross Highway, staff reported that town counsel has filed a temporary injunction and a court status conference is scheduled for March 3 at 10:00 a.m.; the commission was told 373 Cross Highway appears to be a wetlands matter beyond this commission’s easement jurisdiction.
The commission also discussed a potential conveyance at 80 Congress Street, a roughly 1.75‑acre parcel next to the Mill River that a church had offered to convey. Staff warned of a structure on the property that looks like an old electrical substation and said Phase‑I environmental due diligence and an appraisal will be needed to assess costs and feasibility. After discussion the commission voted to allow the director to continue early feasibility work and due‑diligence inquiries (appraisal and environmental review) for 80 Congress Street.
Next steps: staff will request updated surveys from property owners in enforcement cases, coordinate with town counsel on the injunction/court schedule for 361 Cross Highway, and proceed with early due diligence on 80 Congress Street to scope any environmental testing needs and funding options.
