[Massplanners] Earth Removal

[Matthew Benoit]

A 14-lot residential subdivision is approved and the limits of earth removal include a 100' perimeter buffer of "no earth removal" up to abutting property lines.  Over time, the roadway is built, a bond established, the earth removal permit is closed out, and all lots are released.  Now, the builder seems to be removing earth all the way to the back lot lines, completely disregarding the 100' buffer previously established for the roadway construction.  The claim is, the new earth removal is incidental to home construction which, is consistent with building code.  However, it's an ENORMOUS amount of earth removal, maybe 20,000-30,000 cy per lot.  I would love to have individual earth removal permits for each house lot, but is that a stretch?  Curious if other communities have run into this and how it was handled.  Thank you in advance for your responses.

Matthew C. Benoit, Notary Public
Director of Community Development
Town of Douglas
29 Depot Street
Douglas, MA 01516
508-476-4000  x206
www.douglas-ma.gov

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