[Massplanners] Earth Removal

[Gary Ayrassian]

Hello Mathew,

The earth removal limits set in tandem with the approval of the subdivision
prevail until if ever an MGL 41 §81W application/plan is filed and approved
to modify the previously approved subdivision. The builder is being cute.
Assuming the earth removal operation is an activity governed by special
permit in Douglas, then you ZEA ought to be able to issue a cease and desist
as well as require restoration.

Gary

 

_____________________________________

Gary G. Ayrassian, Director

Department of Planning & Development 

City of Attleboro | City Hall - Government Center | 

77 Park Street | Attleboro, MA  02703 |

p: 508.223.2222 x 3143 | f: 508.222.3046 |

 <mailto:cityplanner at cityofattleboro.us> cityplanner at cityofattleboro.us |

 <http://www.cityofattleboro.us/> www.cityofattleboro.us |

 

           

 

 

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Matthew
Benoit via MassPlanners (massplanners at masscptc.org)
Sent: Tuesday, April 5, 2022 9:34 AM
To: massplanners at masscptc.org
Cc: Kenneth Frasier <kfrasier at douglas-ma.gov>
Subject: [Massplanners] Earth Removal

 

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

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220405/b0c432b0/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2733 bytes
Desc: not available
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220405/b0c432b0/attachment.jpg>