[Massplanners] Earth Removal

[Harry LaCortiglia]

If the released lots were sold would the new owners be prohibited from 
activities in their privately owned backyards?

Was there a deed restriction on the lots?

(I only ask because it's getting closer to Friday...)

H. LaCortiglia
Georgetown P.B.



On 4/5/2022 11:14 AM, Michael Mena via MassPlanners wrote:
> 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 <http://www.douglas-ma.gov>
>
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>
> -- 
> Mike Mena, Partner
> *Community Matters Consultants, LP*
> www.communitymattersma.com <http://www.communitymattersma.com>
> communitymattersma at gmail.com <mailto:communitymattersma at gmail.com>
> 530-518-0449
>
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