The Carlisle Mosquito Online

Friday, November 27, 2009

Conservation Commission sees progress on enforcement

779 West Street Enforcement Order.

There was movement toward correction of 15 outstanding violations of Gregory Bruell’s wetlands permit for construction of a Japanese garden at 779 West Street. In response to the Conservation Commission (ConsCom) November 9 Enforcement Order, Bruell has engaged John Storer to oversee compliance.

Storer came before the commission at their meeting on November 19 and indicated he had been brought in to “fix things.” He said his experience includes septic system installation, that he has been a licensed installer for ten years, and is familiar with wetlands permitting requirements. He said he has contacted Stamski and McNary to re-flag the wetlands and Zen Associates to prepare the garden management plan. Wetland flags were missing, and the applicant had failed to provide the ConsCom with a plan – approval of which was required prior to the start of work in the spring of 2009. The ConsCom had also not been notified as required before the start of work.

On a recent site visit Conservation Administrator Sylvia Willard had observed and photographed a number of large rocks that had not previously been present, as well as an area that had been dug out, possibly for a pond. Storer said he would appreciate some guidance from the ConsCom regarding whether the excavated material should be placed back in the pond or otherwise handled. The board indicated it would address that when reviewing the expected plan.

The ConsCom also received a letter from Bruell’s attorney, Roy Cramer of Frieze, Cramer, Rosen and Huber of Wellesley assuring them that all work has stopped. Cramer asked that the commission “grant Mr. Bruell additional time to address the situation, and to not consider the imposition of fines at this time.” The Enforcement Order had set a deadline of November 18 for a detailed written plan to address each violation.

After considerable discussion the ConsCom decided that unless a plan is in hand by noon Wednesday, November 25, daily fines will be instituted for each violation retroactive to Thursday November 19. The fines will be $75 for the first day, $150 for the second day, and $300 for each subsequent day until the plan is received.

Police Station paving

In other business, Chief John Sullivan met with the ConsCom to describe proposed repaving of the driveway and parking areas at the Police Station. He indicated the original “hardtop” which is over 20 years old is crumbling and in some areas causing a safety issue. No grades would be changed. However, due to the proximity of wetland which is immediately beyond the paved area, and the fact that the septic tank is just below the asphalt, the ConsCom determined that a Request for Determination of whether the state and Carlisle wetlands laws apply should be filed. Chief Sullivan concurred.

Foss Farm

Willard reported that the two new wells have been installed for the community gardens at Foss Farm, and that a permit for an agricultural burn had been received from the state. A burn had been discussed earlier in order to destroy overwintering spores from the tomato blight that was a serious problem at the gardens this past summer. (See “Tomato late blight: What do we do now?,” Mosquito, September 11 2009.)

OS&R Plan extension

Willard reported that the ConsCom has received a letter from the state saying if the Town updates the Five-Year Action Plan in the current Open Space and Recreation Plan, the document will be valid for an additional two years. The ConsCom will further discuss this opportunity.

120 Pine Brook Road

The ConsCom issued a Certificate of Compliance (COC) to Anne Halvorsen. This indicates that a landscaping project under a 2005 permit was completed substantially according to plan.

62 Hart Farm Road

A COC was issued to Patricia and Thomas Brigiotta for a patio and swing set project completed under a 2008 permit.

491 Maple Street

The public hearing for a permit request relative to repair of a failed septic system was continued at the request of applicant William Hamilton to December 17 at 8:15 pm. ∆

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