Wareham conservation panel approves shoreline repairs, fines two owners and continues large wastewater NOI

The Wareham Conservation Commission on May 6 approved a series of shoreline and yard repairs, assessed fines for work begun without permits, and continued a large wastewater facility notice of intent (NOI) to allow a coordinated site visit and technical review.

The Commission approved an RDA to allow John McCaffrey to repair a damaged stone wall at 45 Oak Street "by hand," concluding the work qualified for a standard order of conditions after McCaffrey described the historic erosion problem and said he would rebuild the wall in place. The Commission closed the hearing and advised McCaffrey not to start work until he has formal paperwork from the conservation agent (Christine).

The Commission also reviewed a small-homeyard RDA for Dennis Flynn at 10 Blissful Lane, where Flynn acknowledged construction of a partially completed storage structure begun without a permit. Commissioners recommended the structure be placed on a more durable base (concrete or gravel rather than untreated wood). The Commission closed the hearing, issued a negative determination with standard conditions and assessed a $200 fine for starting work without a permit (enforcement code referenced as "negative 3"/"negative 6" in the hearing record; $200 fine assessed).

For 47 Cleveland Way, GAF Engineering presented plans to remove a failing pressure-treated timber wall and replace it with a concrete ready-rock wall and to replace aging concrete stairs with an elevated composite landing and stairs. Commissioners discussed staging and coordination with adjacent property owner Joan Johnson; the hearing was closed and a standard order of conditions was issued.

At 20 Long Neck Road, GAF's representative reported several impervious features and perforated roof-drain pipes installed in 2010 that were not on approved plans. The Commission required that the roofing pipes be capped at the discharge ends to prevent direct outfalls, accepted a standard order of conditions contingent on those corrections, and voted to assess three violations for prior unpermitted work (concrete driveway, concrete walk, and another impervious element) at $200 per violation for a total fine of $600. The applicant will cap pipes and then request a certificate of compliance.

A large NOI related to on-site stockpiling of excavated material at the town's wastewater pollution control facility was presented by GHD. Engineers said a contractor inadvertently pushed excavated material beyond the limit of work and into a resource area and the NOI proposes to pull that fill back out of the 100-year floodplain and install permanent stormwater controls. Commissioners asked to schedule a site visit with GHD and third-party reviewers; the matter was continued to June 3 to allow field inspection and further review.

On enforcement, commissioners expressed frustration with a long-running enforcement case (Riverhawk) and asked staff to notify property representatives that the Commission may pursue daily fines or other enforcement actions if timely progress is not made before the next meeting.

The Commission also authorized staff to issue written permission to install two osprey nesting platforms on conservation-restricted town land (one at a Brierwood power-line parcel and one on Buzzards Bay Coalition land at Burgess Point Shores) after the Wareham Land Trust and Buzzards Bay Coalition requested permission and agreed to minimal invasive clearing for vehicle access and platform installation.

"Don't do any work until you get your paperwork from Christine," the Chair reminded applicants after several approvals, reinforcing the need to complete formal conditions and permitting before construction starts (Chair/Commission direction).

Next procedural steps: large NOIs will be revisited after scheduled site visits; applicants receiving orders must complete paperwork with staff before starting on-the-ground work; staff will follow up on enforcement options for long-pending sites.