[Massplanners] Earth Removal

[Michael Mena]

Seems to me the permit clearly prohibited the new activity and the builder
is in violation.  As a former zoning enforcement officer I think we would
have had them cease activity and have them amend their original permit
rather than require individual permits for each lot (regarding the earth
removal only).

Mike Mena
Community Matters Consultants, LP.

On Tue, Apr 5, 2022 at 9:36 AM Matthew Benoit via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
> <https://www.google.com/maps/search/29+Depot+Street+%0D%0A+Douglas,+MA+01516?entry=gmail&source=g>
> 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
> <https://www.google.com/maps/search/29+Depot+Street+%0D%0A+Douglas,+MA+01516?entry=gmail&source=g>
>
> Douglas, MA 01516
> <https://www.google.com/maps/search/29+Depot+Street+%0D%0A+Douglas,+MA+01516?entry=gmail&source=g>
>
> 508-476-4000  x206
>
> www.douglas-ma.gov
>
>
> --
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> MassPlanners at masscptc.org
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>
-- 
Mike Mena, Partner
*Community Matters Consultants, LP*
www.communitymattersma.com
communitymattersma at gmail.com
530-518-0449
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