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Commission flags unpermitted fill on Courtville Road; owner denied staff access, legal review likely

May 02, 2025 | Town of Southborough, Worcester County, Massachusetts


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Commission flags unpermitted fill on Courtville Road; owner denied staff access, legal review likely
Members of the Southborough Conservation Commission reported May 1 that a parcel near the intersection of Corteville Road and Woodland Road has received substantial trucked-in fill, including asphalt, brick and construction debris, and that the property owner has denied staff permission to inspect the site.

What the commission heard: Conservation staff said a recent drive-by showed multiple truckloads of material pushed into mounds by a small tractor; visible material included asphalt and brick. The property parcel is roughly 1.86 acres, and the fill appears to extend back toward an area where mapping shows a watercourse and wetlands that may be several hundred feet away. Because of the flat topography and uncertainty about how far the fill extends, staff recommended legal guidance on inspection and enforcement steps.

Why it matters: The commission noted potential triggers for wetlands or stormwater jurisdiction, including the Rivers Act if the watercourse qualifies as perennial and the town's stormwater bylaw thresholds for ground disturbance. With the property owner refusing site access, commissioners said they may need town counsel advice on how to proceed and whether an enforcement order or other legal tools are appropriate.

Next steps: Staff will prepare an inquiry to town counsel to clarify whether commission staff or a designee may enter the property for inspection and what legal steps the town can take if the fill is in or near regulated resource areas. Commission members suggested obtaining a drone view or scheduling a coordinated site visit with police for safety if counsel advises enforcement action.

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Scribe from Workplace AI
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