Commission orders after‑the‑fact notice of intent for 29 Country Club Lane after finding unpermitted wetland impacts

The Brockton Conservation Commission on Wednesday voted to issue a new enforcement order for 29 Country Club Lane requiring the property owner to file an after‑the‑fact notice of intent to document and, where necessary, restore additional unpermitted wetland impacts.

Staff explained the lot was built under an older order of conditions and that the contractor did not return to the commission for a certificate of compliance after construction. When the current owner, Raul Alfonso, purchased the property in 2019 he had a concrete patio and retaining walls already in place. Commission agent Kyle Holden said a subsequent review of plans and site conditions showed additional wetland encroachment beyond the permitted limit of work: a hooked area of wetland and a triangular patch indicated on the approved plan appear to have been filled or otherwise altered.

Holden recommended issuing a single enforcement order to the property owner requiring an after‑the‑fact notice of intent rather than issuing a second enforcement order to the original contractor. Legal staff and MassDEP guidance advised that a single order to the owner is the more practical enforcement route and allows the commission to require restoration where necessary while coordinating any potential claims the owner may have against the contractor.

The commission voted to issue the enforcement order with the added requirement of filing an after‑the‑fact NOI; Holden said the NOI will allow staff and the commission to determine which parts of the porch and patio can remain and which must be removed or modified to meet the Wetlands Protection Act’s compensatory‑restoration requirements.