Charlton commission delays enforcement action on Old Spencer Road trench complaint

The Town of Charlton conservation commission on Tuesday reviewed a persistent complaint about an open trench at 62 Old Spencer Road and voted to delay further enforcement until staff can observe stormwater discharge from the trench.

At the meeting the commission heard from staff that multiple written notices had been sent and that the property owner had not carried out the instructed repairs. Staff described the trench as roughly 60 feet long and about 3–4 feet wide and said earlier attempts to get the trench filled have failed.

Commissioners discussed options: sending additional warning letters, ordering the owner to fill the trench, assessing escalating noncriminal fines, or beginning civil enforcement (daily fines) if the owner continued to ignore orders. Staff said the town typically issues a letter, performs an inspection and then assesses fines if the violation continues; daily fines can accrue for ongoing noncompliance under the bylaw enforcement scheme.

Some commissioners urged immediate action given repeated complaints and the volume of calls to the office; others cautioned that, under current practice, an observable discharge onto the roadway or into the town drainage system is generally what triggers more aggressive enforcement. The commission agreed to wait for observable runoff — effectively tabling active enforcement — and asked staff to send another violation notice attaching prior correspondence and to monitor the site during forthcoming rain events.

The commission passed a motion to continue monitoring and defer further enforcement while the town documents whether runoff reaches the road. If observable discharge occurs, staff said they will proceed under the bylaw and pursue fines or further enforcement as allowed.