Estate attorney schedules site review after Commission’s cease-and-desist at 33 Smith’s Point Road

The commission reviewed an ongoing enforcement matter at 33 Smith’s Point Road where a cease-and-desist was issued for basement and roof discharge that is eroding the coastal bank. Attorney Carl Fumeola, representing the estate that owns the property, said an engineer from the retained firm will meet with commission staff the following morning to review the site and recommend mitigations. "We have an engineer involved ... he also has a meeting set up for tomorrow with someone from your office to go over the site and see what else can be done," Fumeola said.

Neighbors said the problem has persisted for years and complained that hoses and pumping continue to send water across property lines and onto the bank. One neighbor told the commission that previous, limited mitigation efforts did not stop ongoing discharge. Commission staff will inspect during the scheduled visit and seek the engineer’s recommendations for permanent measures such as French drains, diversion, or bank stabilization.

The commission asked whether the site visit would be open to neighbors; counsel for the estate declined to allow neighbors to accompany the team on the private-property inspection but said the engineer and staff would report findings to the commission. The commission will review the engineer’s report and determine any further enforcement or permit requirements.

Next steps: on-site inspection with commission staff and the owner’s engineer scheduled for 10:30 the next day; staff to report back to the commission with the engineer’s recommendations and proposed remediation schedule.