Town Commission Fines WESX Subdivision Builder

The Conservation Commission fined Symes Associates $600 Thursday night for two violations of the special permits it granted to the builder of seven new homes and a new street in a subdivision on the old WESX radio station land at the north end of town. 

By noon on Friday, the commission's major violations appeared to have been corrected at the site where the six homes, priced from $600,000 to $900,000, are being built.

Symes business development manager Jeff Rhuda conceded that the builder had failed to install a sign on the construction site displaying the project's Department of Environment Protection number. But he disagreed with the commission and the town planner that it had violated other provisions of the special permit.

Rhuda used a football analogy to voice his concern about the town's action, accusing the commission "of piling on" the violations.

"We are good at what we do," Rhuda told the commission. Symes is a major homebuilder in the state.

The commission considered fining the builder $900 because the project is divided into two, making the second violation subject to a double fine. Rhuda objected to paying the additional $300, saying the town had insisted that the project be divided in two parts.

Symes was awarded a special permit to build the multi-million dollar housing subdivision on Naugus Head with 44 special conditions. Many of the conditions are routine and administrative. But the town served notice with its enforcement action against the project that it will take even the smallest conditions seriously.

In addition to not having the two-square-foot sign in place, the commission said Symes had not erected a silt fence to protect the adjacent wetlands. It had also failed to register several documents involving the project with the Essex South District Registry of Deeds, it said. And Symes failed to notify the commission that it was starting the construction, the commission added.

The notice of violation was issued after commission Chairman Walter Haug and Town Planner William Lanphear toured the construction site.

Symes has now filed the documents with the Registry of Deeds. And it has installed a silt fence in addition to a silt sock around the property that it had previously installed. The commission wanted the fence installed to keep trash from blowing into the wetlands.

After languishing for months before several town commissions and boards, the construction company has moved quickly to take down the old WESX radio tower and building on the site. The project had to be approved not only by the Conservation Commission, but the town's Planning Commission and the Zoning Board of Appeals.

Besides Symes, the commission fined six other individuals and companies for not having certificates of compliance for projects that involve intrusion on wetlands and beach lands. The largest fine was $1,500 assessed against the Marblehead Harbor Condominium Trust for several violations at its property at 147 Front St.

Also fined were Eugene Record at 19 Crowninshield Road, Gregg Thibodeau at 14 Nonantum Road, Claire Chalifour at 28 Nonantum Road and Daniel Doughty at 100 Harbor Road. Most of the fines were for $300.

"I hate to fine anyone," Haug said. But the fines are necessary to enforce the commission's oversight of construction projects that impact wetlands and beaches he said.

He assured the board that Lanphear is not systemically looking for violations, but rather is only reviewing previous permits when they apply for new work permits.

Other business

In other business, the commission approved the repairs and improvements to several seawalls, including a new concrete cap on a sea wall at Eugene Record's home on Davis Road, new boulders for the rip-rap at the home of Douglas and Paige Hamilton at 236 Ocean Ave., and at the home of Barbara Moore at 137R Front St.

The commission continued until next month approval of extensive work to a seawall at 100 Harbor Ave.

It also approved a small addition to the home of Howard and Sharon Rich at 289 Ocean Ave.