Selectmen approve consent agreement for driveway near pond, contingent on seeding

The Town of Cushing Selectmen voted 4-0 on June 27 to approve a consent agreement in a wetlands setback dispute involving property identified as Map 2, Lot 6.

CEO Scott Bickford told the board the Meklins had installed a driveway too close to an existing pond across from Prior. The agreement requires the couple to have an engineer design the driveway to meet setback requirements; Bickford said he would not sign off on electrical service to the driveway until those conditions were satisfied.

Selectman Martha Marchut moved approval of the document contingent on completion of seeding; Selectman Daniel Staples seconded. Marchut said she was concerned about setting a precedent by signing before final work was done, and Staples said waiting two weeks did not seem excessive. The motion carried 4-0-0.

Bickford told the board the consent agreement specifically addresses setbacks from the pond rather than the pond itself and that, if the Meklins failed to complete the work, the town notice would continue. Audience member Bob Ellis asked whether a permit existed for the pond when it was dug 12 to 15 years ago; Bickford said he had no proof of a permit and that an engineer now indicated the pond met setback criteria.

Bickford also said he had recommended a different approach in a separate matter because “it smelled of estoppel,” explaining earlier legal concerns in a separate enforcement question. The board did not reverse its approval of the Meklins' consent agreement and directed staff to confirm completion of seeding before final sign-off on power or closure of the notice.

The matter will return only if the terms of the consent agreement are not met, or if additional evidence about the pond’s prior permitting emerges.