Riverside Avenue Owner Faces $300 Fine and Deed Notice After Repeated No-Shows

Key Points

  • Commission imposed a $300 fine and recorded an enforcement order against 45 Riverside Avenue following repeated owner absences
  • Randolph Avenue single-family home project delayed until spring thaw for soil testing and vernal pool inspection
  • Pope’s Pond pedestrian bridge project advances to the bidding stage for fabrication
  • Proposed rain garden workshops and marsh restoration initiatives highlighted for future climate adaptation

The Milton Conservation Commission moved to penalize a local property owner Tuesday night following a third consecutive failure to appear regarding unauthorized wetland alterations. The commission took aim at 45 Riverside Avenue, where owner Hong Nuan has allegedly ignored an enforcement order related to building rehabilitation and brush cutting within protected resource areas. Chair John Kiernan noted that the owner had been contacted via certified mail but remained absent from the proceedings. We've already issued the enforcement order, Kiernan explained, adding that the session was intended to show cause why we should not implement the enforcement order and impose a fine.

The commission expressed frustration over the lack of communication from the property owner. Member Arthur Doyle supported moving forward with financial penalties, stating, It seems like, you know, we've we've made several attempts and I think a $300 dollar one-time fine implementation... seems appropriate to me. Member Thomas Palmer also requested that future agendas more explicitly label such cases to highlight potential alterations within the commission's jurisdiction. Motion Made by I. Beattie to record the enforcement order at the Registry of Deeds, impose a $300 fine, and send a certified letter requesting attendance at the March 10th meeting. Motion Passed (5-0-0).

A significant portion of the meeting focused on a proposed single-family home at 10 Randolph Avenue, situated on a 2.28-acre site featuring isolated vegetated wetlands and an offsite certified vernal pool. Nate Gosharian of LEC Environmental Consultants presented the plans, noting that the project we are presenting is a notice of intent for the construction of a single family dwelling and driveway located within the 100 foot buffer zone. Gosharian detailed plans to use a slab foundation and boulder retaining walls to minimize impact, but board members and neighbors remained cautious.

Member Thomas Palmer insisted on a site visit before any approval, citing concerns about the accuracy of wetland flagging and the status of the vernal pool. I'm just not comfortable until I see it for myself, Palmer said. I think the ground has to be thawed for us to do the site visit because soils will be important. Member Charles Bosworth observed that while the physical grading appeared consistent with natural water flow, the presence of ledge required more specific data. I'd just be interested to know where the drywells are going to go before we sign off on anything, Bosworth noted.

Abutter Dave Michael, of 7 Kathleen Lane, voiced fears that the new construction would exacerbate existing flooding issues on his property. Our property has a lot of issues with underwater underground water, Michael told the commission, asking if the proposed boulder wall might act as a subsurface dam that diverts water toward his basement. While project representatives argued the boulder wall would allow water to pass, the commission opted to continue the hearing until March 10, with a tentative site walk scheduled for early April once the snow melts.

At 42 Central Avenue, the commission reviewed a request for a second-story addition and a small balcony located within the 200-foot Riverfront Area and a flood plain. Presenter Karen Skin Catron clarified that the work would largely expand upward rather than outward, stating, The owners are requesting only to build up... the proposed is an additional 59 square feet added to the impervious... that's the balcony. Chair Kiernan emphasized strict environmental protections for the nearby Pine Tree Brook, warning that the commission does not allow overnight storage or refueling of equipment within its jurisdiction. Motion Made by A. Doyle to issue a Negative Determination of Applicability with special conditions regarding equipment storage and refueling. Motion Passed (6-0-0).

The commission also cleared a decades-old clerical hurdle for Mr. and Mrs. Walsh at 702 Blue Hill Avenue. The couple sought a Certificate of Compliance for a septic system installed in 1999 to facilitate the sale of their home. We are trying to get the certificate of compliance... so we can move on to our new residence, Mr. Walsh explained. Chair Kiernan, recognizing his own signature on the original 1999 order, confirmed the validity of the request. Motion Made by A. Doyle to issue the Certificate of Compliance. Motion Passed (6-0-0).

In new business, the board looked toward future community initiatives. Member Wendy Garpow proposed town workshops on rain gardens as a climate adaptation tool, stating, I personally feel like there's not an issue in this world that a plant can't resolve. Chair Kiernan also updated the board on the Pope’s Pond bridge project, which is moving to the bidding stage for fabrication. Finally, Arthur Doyle highlighted the urgent need for marsh restoration between I-93 and Harriet Street, citing the documentary Inundation District to illustrate the risks of sea-level rise. The marsh could conceivably drown, Doyle warned, noting that both residences and infrastructure remain at risk.