I have read the discussion this morning on the infamous wall, and before things get out of hand I would like to update everyone with the facts as I understand them today.
Last Fall, the developer was ordered to cease and desist his construction and remove the wall due to the fact he had no building permit for the structure and a portion of it was within the setback. However, he was ordered to file a plan to remove the wall, because clearly we did not want him just chopping it down, as that would have caused more problems. He took no action to file a plan or remove the wall so the Town took him to court two weeks ago to force action. He was fined $1,000 which I understand seems minimal and in perspective it likely is, but it is still a large fine for the court to issue for such violations. In addition to the fine, he was ordered to file a plan within 30 days as to how he was going to address the wall. To date I do not believe that has been filed. It is possible, and in fact likely, that he will file a plan to keep the wall and make it conform. Cleary he would have to remove the portion from the setback to do so. In addition his plan would have to satisfy the following: The Engineering Department as to the structural security of the wall. The Building Department as to conforming with the building code and zoning regulations. Lastly he will need a Planning Board approval as to conforming with the subdivision regulations, which as I understand it would include such items as access and drainage. If he is able to get all these approvals, it is possible that he could keep obtain a permit and keep a majority of the wall in place. However, if he is unable to obtain all the listed approvals, the case will revert back to court, where we will continue to try and enforce our order. I know there is a lot of frustration with the issue, but please keep in mind there are processes in place that need to be followed. Please keep abreast of the developments, the most obvious time for public participation will be the Planning Board's consideration of the issue. I hope this clarifies the issue. George King
