Commission delays 9 Cross Street deed‑restriction sign‑off amid concerns over legal review and peer‑review funding
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Summary
At 9 Cross Street the commission said the owner must record a deed restriction limiting additional fill; commissioners halted further work and asked that the proposed deed restriction be reviewed by town counsel before it is finalized. The matter was continued to Jan. 28.
The Lakeville Conservation Commission on Jan. 14 handled enforcement and permitting follow‑up for 9 Cross Street, where work proceeded without a required recorded deed restriction. Staff reported that contractors stopped work after the commission’s enforcement contact visited the site and that the owner provided funds ($500) to continue a peer review process of the deed restriction language.
Commissioners emphasized that an instrument limiting future fill on the property should be drafted and reviewed by legal counsel. The commission’s peer reviewer (engineer) may review the technical compliance items, but commissioners said the final deed restriction should be examined by the town attorney before the commission signs any document that will be recorded against the property. The commission voted to continue the matter to the Jan. 28 meeting to allow the applicant and counsel to provide a revised instrument and for the town attorney to review the document as needed.
In the meantime, staff maintained a stop‑work directive on the site; a small amount of fill was allowed to stabilize a trench so machinery could be removed but further fill is prohibited until the deed restriction is recorded and the commission’s conditions are satisfied.