The next step in the process will be for Joe Diaz to appear before the Board of Appeals.
LIVERMORE – Code Enforcement Officer Richard Marble has suggested that the town’s attorney deal with the Joe Diaz situation on Long Pond.
Diaz is seeking an administrative appeal claiming the Board of Selectpersons ruled incorrectly in their decision to fine him $2,500 for alleged violations of the shoreland zoning ordinance.
Marble told board members his work schedule would not allow him to spend the time needed on the case and that he is not qualified to represent the town should the matter go to Superior Court.
The next step in the process, which has been going on for several months, will be for Diaz to appear before the Board of Appeals at 7 p.m. on Nov. 18.
If the Appeals Board should rule against Diaz, his next step will be to go to Superior Court.
Diaz had vowed at the Sept. 29 meeting that he would not accept the terms of a proposed consent agreement drawn up by Marble, which included the $2,500 fine.
At issue is work Diaz allegedly did on his lot, work Marble described as cutting vegetation and removing vegetation within the lake shore 100-foot buffer strip, digging out a small stream making it into a drainage ditch.
According to Marble, Diaz was found guilty of the same violation on July 17, 2002, for which he was ordered to replant trees and pay the town $500 for expenses associated with the action. Part of that decision forbade the cutting of any woody vegetation in the area already cleared or in any area subject to the town’s ordinance. Any cutting in the area had to be approved by the town in writing, according to the judgment.
In other code business, Marble reported to the board that a Route 4 resident has indicated he will continue to haul material in compliance with a junkyard complaint.
He will make contact again with another Route 4 resident about a junkyard complaint and has contacted a River Road landowner about a junkyard. That person said he would be interested in having a junkyard permit.
Marble is also looking into a mining operation off River Road which, apparently, does not have a Planning Board permit.
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