We successfully overturned the Chatham Conservation Commission’s denial of a pond management plan proposed by our client, the Fox Run Property Owners, Inc. whose homes abut the privately owned pond suffering from advanced aquatic weed growth.
We prevailed in two separate appeals, winning approval from the DEP under the state Wetlands Protection Act, and settling litigation in Superior Court calling for the Commission’s approval of the project, as had been initially proposed, under Chatham’s Wetlands Protection Bylaw.
Our evidence included state of the art studies and documentation of the pond’s condition, prior management attempts, alternative management techniques, and the chosen combination of mechanical removal, chemical treatment, and conditions for pond restoration. The pond restoration plan is now being implemented successfully.
