The Middleborough Conservation Commission discussed possible unauthorized work at 101 Tall Oak Drive on Jan. 2 after a member reported a recently installed dock and clearing along the Totten River in the property’s restricted area. The commission sent a certified letter to the property owner; staff received the green card back indicating delivery and the owner attended the meeting.

The owner told the commission he had removed several pine trees because they were dead or unsafe and installed a dock where an older dock once stood. He said multiple tree contractors advised that the trees were likely to fall near his house and that he was not aware of the conservation restriction document when he bought the property in 2021. The owner said he is willing to work with the commission and requested guidance.

Staff said docks require both local commission permitting and Massachusetts Department of Environmental Protection (MassDEP) approval; they also recommended a site visit so staff and commissioners could confirm the extent of clearing and its location relative to the recorded restriction. Commissioners and staff suggested the owner might erect a fence to mark property boundaries and help clarify the conservation land line. The commission agreed to arrange a site visit, likely on a weekend, and to follow up with the owner about permitting steps and potential remediation or mitigation measures.

Why it matters: The property adjoins wetlands, natural heritage mapping and floodplain areas along the Totten River. Work within a recorded conservation restriction can trigger enforcement or restoration requirements and, at minimum, requires coordination between the owner and municipal staff to determine whether permitting or corrective action is necessary.

What comes next: The commission will schedule a site visit with staff and the owner to inspect the dock, clearing, and where trees were taken down; staff will provide the owner with information on the permitting process for docks and follow up on options for resolving any confirmed encroachment.