Freetown Conservation Commission Issues Cease-and-Desist Order for Wetlands Violation
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Meeting Type:
Environmental Commission
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Meeting Date:
09/09/2024
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Recording Published:
09/17/2024
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Duration:
47 Minutes
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State:
Massachusetts
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County:
Bristol County
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Towns:
Freetown
- Meeting Overview:
In a recent meeting, the Freetown Conservation Commission addressed several issues, including issuing a cease-and-desist order for a property violating the Massachusetts Wetlands Act and reviewing various requests for determinations of applicability and certificates of compliance.
The most urgent topic discussed during the meeting was a complaint regarding a property alleged to be in violation of the Massachusetts Wetlands Act. The property owner, who expressed confusion about wetland regulations, recounted an interaction with a conservation agent. The agent clarified the regulations, emphasizing that any activity within wetlands or associated buffer zones requires prior approval from the Conservation Commission. The owner was found to have stock material and fill within the prohibited areas, leading the Commission to issue a cease-and-desist order for any ongoing activities. The property owner was advised to engage an engineer to assess the situation and develop a remediation plan. The agent stressed the need for a plans, stating, “You’re going to have to come before us and give us a plan of what you’re going to do.”
Next, the Commission tackled a request for certificates of compliance for two properties: 53 High Street and an unnumbered property on Nottingham Way. The work on High Street was acknowledged as completed, while the Nottingham Way property presented challenges due to the 25 years that had elapsed since the initial work. Despite the difficulties in verifying compliance, the Commission approved the issuance of certificates for both properties.
The Commission also reviewed a request for a determination of applicability for a property on Marie Way, where a shed had been constructed without proper permitting. The property owner was present, and it was revealed that the shed was within a buffer zone. The Commission advised the owner to install metal signs to mark the area accordingly and recommended a negative determination, which was unanimously approved.
Another topic involved a request for determination for a property on Central Avenue. The applicant, represented by an engineer from Zenith Consulting Engineers, sought permission to construct an addition to an existing home. Despite the property being in a flood zone, the engineer clarified that no other resource areas would be affected and that flood venting measures would be adhered to. The Commission supported the agent’s recommendation for a negative determination.
The Commission also addressed a request involving the construction of a septic system for G&G Realty Corporation at 30-32 Mill Street. The engineer explained the need for a shared septic system due to failures in existing systems, detailing various construction aspects including a dewatering basin. The project would remain outside the buffer zone, although some work would occur near the wetland area. The Commission endorsed the agent’s recommendation to limit mowing in designated wetland areas and approved the motion for a negative determination.
Additionally, the Commission examined a request for determination regarding a dilapidated building on South Main Street, owned by the town. The building was within a floodplain but would not disturb any wetlands. The Commission unanimously approved the motion to demolish the building.
A notice of intent for a solar field project on Middleboro Road was also discussed. The applicant, Robert Ner, was present to address preliminary questions. However, the Commission noted that discussions were not feasible until outstanding state stormwater regulation issues were resolved. The public hearing was continued to the next meeting on September 23, 2024.
The Commission also confirmed a vote regarding a property on Forge Road and Richmond Road, which had been taken by the town due to tax delinquency. The property was considered to be of minimal value, and the Commission agreed that retaining it as public property would allow ongoing maintenance by the highway department. The motion to reaffirm the previous vote was unanimously approved.
In administrative matters, the minutes from the July 15 meeting were reviewed and accepted without objections. A member proposed organizing a fundraising event focused on crab activities at Porter Shore, noting the success of a recent initiative. Progress on a five-year forestry plan established in 2019 was also reported, viewed as a positive development.
The Commission discussed communications with Zenith Engineering regarding the refurbishment of the beach area, with plans to enhance the beach and improve accessibility from the parking lot. Issues with erosion on access roads and potential stabilization solutions were also mentioned.
As the meeting concluded, the chair proposed moving into an executive session to discuss personnel matters. The motion to close the public portion of the meeting and proceed into executive session was passed with unanimous approval.
Deborah L. Pettey
Environmental Commission Officials:
Charles B. Sullivan, Christopher Mather, Margaret M. French, Steven Tripp, Victoria Alfaro Duran (Planning & Land Use Administrator), Mike McCue (Open Space Consultant)
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Meeting Type:
Environmental Commission
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Committee:
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Meeting Date:
09/09/2024
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Recording Published:
09/17/2024
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Duration:
47 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Freetown
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