On Thursday, January 27, 2022, the Zoning Board of Appeals (ZBA) voted to issue a Cease and Desist order to the developers of Kendall Lane, a 40B project under construction off Worcester Court and Alma Road (formerly Helmis Circle Little Pond Village) and to notify the State EPA of such.
Ongoing problems concerning soil erosion and sediment control led to this Cease and Desist order. The request was precipitated by the Town engineer’s concern over the delay of the applicant to correct the problems which may or may not have been exacerbated by storm events.
Other pertinent problems include the developers repairing a water main overnight without Town permission to do so, half of the site being flooded with knee height water, and digging where they weren’t supposed to possibly without a Dig Safe review. Other compliance issues include working on holidays, a tree falling on another property’s shed, and no engineering peer review since October.
Every current permit has a problem which has not been addressed including violation of the Federal Storm Water permit.
The EPA’s comprehensive permit is no longer in place. The peer engineer notes all of the problems but has no power to enforce compliance.
Therefore the ZBA voted unanimously to approve a motion to request a Cease and Desist on Kendall Lane until the project is under compliance with the conditions of the comprehensive permit.
They also agreed:
1) to notify the EPA about current violations and any violations in the future, and
2) to notify the developer that there will be no further sign-offs for future permits until there is compliance of the violations of the basic comprehensive permit.
You can watch this meeting on YouTube. Scroll to 2:31:32.