Madison Property Owner Faces Hefty Fine

Town Planner David Anderson gave a report on the current enforcement issue with the sandpit on Horsepond Road at a Nov. 5 Planning and Zoning Commission meeting, according to public meeting minutes.

The Planning and Zoning Commission allowed the property owner to excavate 12,500 cubic yards and restore the site with topsoil and seed no later than Oct. 1, 2015.

Monthly reports from excavators indicated 15,000 cubic yards of material—3,000 more than what had been allotted—was removed from the site, according to Mr. Anderson; in addition, as of Nov. 5, 2015, the site still has not been restored with topsoil and seed.

Mr. Anderson questioned whether it would be reasonable, realistic, or beneficial to have the sand brought back to the site, but both he and Zoning Enforcement Officer John De Laura think it would not be, according to meeting minutes.

Therefore, the zoning enforcement officer would like to begin fining the property owner $150 per day, which could be appealed, through a hearing officer, according to Mr. Anderson. It is too late to plant grass, stated Commissioner John K. Mathers.

Mr. Anderson stated that the property owner is going to have to propose something for remediation, and if he says he cannot do anything until the spring, then it will be a $150 a day fine until then.

Chairman Clark stated that this owner has willfully ignored any conditions imposed by the Planning and Zoning Commission; this 3,000 cubic yards is over 200, 10-wheel dump truck loads.

This is blatant, in-your-face disregard for what this commission has done, Chairman Clark stated, meeting minutes state. Commissioner Thomas Burland suggested the Planning and Zoning Commission fine the property owner the market value of what he has removed.

Mr. Anderson stated that if each individual truckload is considered, it would be $150 a truck, which would give the market value of what has been removed; that is a more aggressive approach.

Vice Chairman Francine Larson indicated she was in favor of whatever would be the heaviest penalty.

The Planning and Zoning Commission needs to be firm, legally speaking, stated Commissioner James Matteson, adding that he believes the property owner should be fined fairly heavily; he has just ignored the permits he’s had. The market value of the sand removed for 3,000 cubic yards was stated to be $45,000.

Mr. Anderson stated that the zoning enforcement officer would go to the site on Friday and impose the fine, which he summarized to be $150 per violation a truckload that left the site with the excess cubic yards, and $150 per day, from Oct. 1, until the site is remediated.