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Commission retroactively approves fill permit after contractor says work continued by mistake
Summary
After hearing from contractor Gary Weber and town staff, the Planning & Zoning Commission on May 21 voted to rectify a violation and approve a retroactive fill permit for 39 Old Edgewood Road; Weber estimated roughly 250–300 cubic yards of topsoil plus about 300 cubic yards of fill (about 40–45 truckloads) and said he stopped work when contacted by zoning staff.
The Planning and Zoning Commission voted May 21 to rectify a violation and approve a retroactive fill permit for work carried out at 39 Old Edgewood Road, a property associated with owners Stannislaw and Janina Shepka. The contractor, Gary Weber, told the commission he placed topsoil and fill while improving the yard of a recently rebuilt house to make the property safer for residents.
Weber testified that he did not initially realize a separate fill permit was required for the amounts involved. He said he used "about maybe 250 to 300 yards of top soil" and "probably brought in another 300 yards of fill," and estimated that the total material equated to roughly 40–45 truckloads. Weber told the commission he stopped work immediately after the zoning officer contacted him and that he came into town the following day to file for the permit.
Zoning enforcement officer Paul (Paulie) Deore told commissioners he had spoken with Weber and that he advised him he needed to come before the board; Deore described the interaction as cooperative and said staff emphasized surface‑protection measures such as silt fencing, hay bales or similar erosion controls.
Planner Moren Joyce clarified that town rules set a 100‑cubic‑yard permit threshold on a 12‑month rolling basis; staff said the volume here exceeded that limit and that the application was therefore processed to rectify the situation. The commission discussed whether to issue a formal notice of violation; staff said no written enforcement order had been issued and that the record reflected cooperative compliance.
Commissioner Millard moved to rectify the violation and approve the fill permit; the motion was seconded and carried. Commissioners and staff asked the contractor to ensure proper erosion controls remain in place and urged clearer awareness of the town’s permitting thresholds in future projects.
Next steps: the permit was approved to regularize the work and staff will monitor compliance with erosion‑control measures; the commission recommended follow‑up if staff observes problems.
