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Conservation commission moves on two enforcement cases; pauses one after resident testimony
Summary
The commission voted to issue an enforcement order for 96 Audubon Road and to ask MassDEP to review the matter, paused and rescinded action on an enforcement order for 0 Preston Street after the resident appealed, and discussed next steps on an enforcement order for town land adjacent to 10 4th Street.
The Wakefield Conservation Commission took several enforcement-related actions in its July 7 meeting. For 96 Audubon Road the commission voted to issue an enforcement order for recent clearing and placement of gravel fill in the floodplain and to request that Massachusetts Department of Environmental Protection review and, if appropriate, take the matter for further enforcement.
Ethan, the conservation agent, described observable clearing and gravel placement that, in his assessment, warranted issuing an enforcement order. The commission voted in favor of issuing the order and then voted to request DEP review and possible deferral to state enforcement resources.
On a separate town-parcel matter at 10 4th Street staff presented a draft enforcement order documenting unauthorized clearing and filling of what the commission described as bordering land subject to flooding. Commissioners discussed sequencing (wetland survey, restoration plan and possible town-counsel review) and suggested a 90-day timeline to complete a wetlands survey and report. The group ultimately decided that staff should prepare a revised enforcement order and supporting materials for the next meeting rather than issue it immediately.
The commission also considered issuing an enforcement order to the owner/user associated with 0 Preston Street after neighbors submitted complaints and an anonymous letter. The property user, David (Davie) Benedetto, addressed the commission at length and said he had removed a series of sheds, rubbish and a burned boat from the site at his own expense and denied having filled wetlands intentionally. Commissioners requested additional background (ownership history, dated aerial imagery, street-view photos and documented chronology of site activity) before taking action. A prior motion to issue an enforcement order for that site was rescinded and the item continued for further evidence-gathering.
Commissioners said the next steps include obtaining aerial histories and street-view archives, determining whether fill is contaminated, completing a wetlands delineation to quantify fill depth and extent, and preparing an amended enforcement order for later review or referral to DEP as appropriate.
