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no munitions in the area. She felt it should be up to the Commissioners discretion. The Agent <br /> read the email from town counsel. There was a discussion on warning signs and whether this <br /> could be a liable situation. The Agent would check with town counsel and get an opinion. Town <br /> counsel is recommending long term management and annual magnetometer survey. <br /> Discussion: 43 Little Neck Lane-Agent recommends fine for added structure with no <br /> permitting/written authorization <br /> The Agent noted there have been many issues on three properties on Little Neck Lane and <br /> stated he has given some administrative approvals on some of the projects. He stated a fine is <br /> appropriate for this situation. There have been a lot of projects, hardscape changes, <br /> septic system work, administratively approved retaining wall and forthcoming revised mitigation <br /> and some improvements to the driveway. Most recently it was discovered is the installation of <br /> a fence on top of the retaining wall that took place after a discussion with Mr. Caruso that any <br /> further work should be covered under this amended order of request. The issue is that the fence <br /> was put in without any communication with the Conservation Commission which is within 100% <br /> of jurisdiction of the wetlands. The issue isn't the impact but that the fence was put in without <br /> permission. The original plan called for a much smaller footprint and he was contacted by the <br /> engineer to construct a must larger one. He gave administrative approval to change the retaining <br /> wall but engineer had not sent the plan prior to the construction taking place. The grading wiped <br /> out all the vegetation with the exception of some trees close to the lot line but the ground cover <br /> is gone. He noted this has taken up a tremendous amount of time for his department. It is a <br /> situation between neighbors and want to put it to rest <br /> Leo and Maria Caruso, 43 Little Neck Lane, were present. Mr. Caruso gave the background of <br /> the issues with his neighbor. He noted there have been one issue after another. He spoke <br /> about the septic project, the moving of the shed, the issues with the police calling them for <br /> several issues. He talked about the retaining wall and the fence. He said he applied for a <br /> building permit to do the railings and he was worried about the safety of his children, their friends <br /> and the renters with the lack of railings. He said they were not able to get the permit because <br /> of the plans that are required. He said the wall was permitted which now requires a railing. Mrs. <br /> Caruso stated she is concerned for her children'and her friends' children on her property. <br /> There was much discussion. The Agent stated he is recommending the maximum fine of$300 <br /> because of the knowledge of jurisdiction. The Chair suggested Mr. Caruso contact the Agent <br /> and have a discussion on the process to take regarding the safety concerns. <br /> The Commissioners discussed the fine. <br /> Motion: Mr. Smith moved to levy a fine of $300 regarding the construction of the fence <br /> as discussed at 43 Little Neck, seconded by Mr. Dalton. Vote unanimous 5-0 <br /> Mr. Caruso stated they will pay the fine and are looking forward to coming back after the plans <br /> are finalized and to do everything that is required. <br />