Conservation Commission Ponders Next Step In Wetland Case

The Lynnfield conservation commission will wait for advice from town counsel on how to respond to a no-show property owner they plan to sue for illegal waste disposal in wetlands.

The commission had issued a $25,000 order to sue the owner of 500 Chestnut Street, the Pizzutti family, for allegedly illegally dumping landscape debris in wetlands adjacent to their property.

Legal counsel for the family, attorney Joseph Brodigan, who had spoken to with Lynnfield’s lawyer, Thomas Mullen of Wakefield, had been asked to meet with the conservation commission at their monthly meeting, last night, but mistakenly missed the appointment.

At a loss over what to do and because, "We want to do the right thing," said Conservation Commission Chairperson, Denise Young about the worsening situation, " but we don’t want to look weak on this issue, now. We should talk with attorney Mullen about what to do next," Young said.

At the last conservation committee meeting, when the commission asked town counsel, attorney Mullen, what recourse remained in this ongoing attempt to get the family at 500 Chestnut to comply with the commissions orders to clean up the area and remove the debris, he simply said, "Sue them."

At that time, attorney Mullen suggested that, for Lynnfield, legal action against the owners’ of 500 Chestnut Street, "…is the best remedy to the problem."

The day after that public meeting, the two attorneys met, Mullen and Brodigan, and agreed to settle the matter without public litigation. "It’s always better to settle it outside of the court," attorney Mullen said.

However, attorney Brodigan said that he did receive notice from the commission asking him to meet with them at their next meeting, but did not have a date and time for that meeting.

The commission had determined to ask attorney Mullen, the town counselor, what action they should take before pursuing any further action.

In the mean time, the commission agreed to an extension on restoration of work to begin at 2 Bridle Path. They will review a progress report on that site at their next meeting, May 10, 2011.

This past winter’s harsh weather and record setting snow depths made it impossible to complete preliminary work on the project, and their lot survey did not have a plan ready to present.

The commission determined that it needs information about the lot on which the Fat Cactus restaurant has extended its parking area. "We need to get delineated information about that area, to explain the problem," said conservation commission agent Betty Adelson.

They will ask for a plan of the property. "Then we can explain what has to be done and have them file a Notice of Intent," said Ms. Young.

High school student, Michael Welter spoke with the commission about a signage project he proposed as an Eagle Scout project and as a way for the town to enhance the boardwalk to Partridge Island.

Mr. Welter wants to begin work with other volunteers to sign the boardwalk with small text and graphic signs explaining the flora and fauna visitors see and hear as they walk the trail to and from the island.

"My project will benefit the Lynnfield Public Schools as well as the community. For all visitors, these signs will identify vegetation, directions and areas of interest," he wrote in his statement to the commission.

The commission moved to allow Mr. Welter to begin researching the project and present his findings to them for their help, guidance and approval.