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Code enforcement recommends second NOV and fine for shoreland violations at Beechridge Road property
Summary
Director of Code Enforcement Harry Dornan told the Select Board that 57 Beechridge Road appears to have multiple shoreland violations — large-scale tree clearing within the 100-foot setback, fill within the setback and an uninspected pool — and recommended issuing a second notice of violation with a proposed fine structure.
Town code enforcement presented a notice of violation for 57 Beechridge Road on July 13 citing alleged shoreland violations that include large-scale clearing within the 100-foot river setback, placement of fill inside the setback and construction/occupation of a pool without required inspections or fencing.
Harry Dornan, director of code enforcement, gave the board a chronology of inspections and repeated requests for a survey and a replanting plan. "They cut a significant amount of trees along the riverbank... they basically almost cleared the entire area to the river," Dornan said, and described the town's authority to hire a surveyor to confirm setback distances if the owner does not provide required documentation.
Dornan recommended issuing a second notice of violation with a proposed fine calculation (he described six possible violations at $100 per day each as the baseline and proposed a possible total of approximately $43,800) and said if violations are not corrected or fine not paid within 30 days the town should refer the matter to the town attorney for prosecution under land-use enforcement provisions.
Board members raised procedural questions about interim compliance dates and legal defensibility of issuing a second NOV before a September 30 compliance deadline listed in the original notice; Dornan and the town attorney agreed to draft a revised NOV and appeals language and return with a defensible motion at the next meeting.
Ending: The board asked staff to work with the town attorney to draft the second NOV and supporting file materials and to circulate correspondence to board members before the next meeting.
