[Massplanners] Earth Removal

[Barbara Carboni]

"incidental to home construction" = oldest trick in the book. Agree with Mike on the cease and desist; I think work with your building commissioner on how to address (individual permits or not) as enforcement will likely fall to them.

Barbara
________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Michael Mena via MassPlanners <massplanners at masscptc.org>
Sent: Tuesday, April 5, 2022 11:14 AM
To: Matthew Benoit <mbenoit at douglas-ma.gov>
Cc: Kenneth Frasier <kfrasier at douglas-ma.gov>; massplanners at masscptc.org <massplanners at masscptc.org>
Subject: Re: [Massplanners] Earth Removal

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<mailto: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<http://www.douglas-ma.gov>



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