Friday, May 19, 2006
ConsCom orders paperwork on road paving — post-haste, post fact
Receipt of a bill from Nashoba Paving Company to each of the five owners of privately held Berry Corner Lane brought one of them to the Conservation Commission office two weeks ago to ask if a permit had been issued for roadwork completed in early December of 2005. A brief search of commission files confirmed co-landowner David Valchuis's suspicion that no Notice of Intent to work on the unpaved roadway traversing the buffer zone of a large wetland had been filed prior to the start of work.
Since failure to obtain an NOI for construction in a jurisdictional area is a clear violation of the Massachusetts Wetland Protection Act, the commission voted unanimously to issue an enforcement order to the five owners with copies to Nashoba Paving and to the real estate agent who is marketing the property for Sami Nuwayser, the householder listed as ordering the materials. The other legally responsible property owners are Thierry Copie, Charles Bennett and Michael Vale.
The enforcement order calls on the owners to file a Notice of Intent by July 10 and to fulfill the requirements of the resulting ConsCom Order of Conditions. Commissioner/Attorney Roy Watson confirmed that the board can burden all five owners, leaving it up to them to deal with the party that contacted the contractor. Conservation Administrator Sylvia Willard had not had a chance to evaluate the quality of the work done, so the possible "conditions" are not yet known.
When chairman Tom Schultz invited comments from the audience, Valchuis told him, "I fear this will lead to a lawsuit, or potentially to five lawsuits. You're not going to get those people together. We [he and his brother Michael Vale] have tried for years." He did not specify who would be suing whom.
© 2006 The