Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Wetlands Enforcement topic
No spam. Unsubscribe anytime.
Commission continues cease-and-desist and imposes fines in wetlands enforcement case at 24 Pratt Street
Summary
After hearing public complaints that material and equipment were pushed into a wetlands area, the commission continued the cease-and-desist order for 24 Pratt Street, assessed a one-time $1,000 fine and approved $200 per day in continuing fines, and directed the respondent to submit a corrective-action plan and a permit to address wetlands impacts.
The Open Space and Conservation Commission continued a show-cause hearing and imposed fines over alleged unauthorized activity in the upland review area at 24 Pratt Street (parcel ID 10-176). Town staff reported no substantive response from the property owner after certified letters; the property owner did not appear.
Neighbors presented evidence and sworn comments. A neighbor identifying himself as Keno of 606 Cedar Hollow Drive said the respondent had pushed material into the wetlands, stored trailers and equipment on adjoining property and was ‘‘running a business in a residential area’’ that had pushed fill into the wetland. "He's still pushing into the wetlands even after all the letters," Julie Raider, another neighbor, said, noting she observed activity at 6:00 a.m. and said the altered wetlands cause runoff onto lower properties.
Staff (Mr. Palberg) told the commission that zoning enforcement also sent a second violation notice and that the deadline for corrective action in zoning would fall later in the week; the wetlands enforcement citation was effective as of today, staff said. Commissioners debated whether to classify the activity as residential or commercial for citation purposes and discussed statutory authority under chapter 160 of the town code, including the section addressing failure to respond to a second notice of violation.
Commissioners voted to continue the cease-and-desist order. The commission then moved, seconded and unanimously approved a one-time $1,000 fine for the ongoing violation and daily fines of $200 per day thereafter, and directed staff to require a wetlands delineation, a plan of corrective action, a survey and any corrective permit application from the respondent. Staff said the daily fines would begin upon issuance of a written citation; staff also said fines can be adjusted or fees waived if a permit application and mitigation plan are promptly filed and the commission later determines compliance.
Minutes and the motion language recorded in the transcript do not list the mover and seconder for the fines motion, but the motion passed unanimously on voice vote. The commission emphasized its enforcement goal is compliance rather than revenue; staff also noted that issuance of fines can be paused if the respondent promptly demonstrates intent to comply by filing the required plans and applications.
