Commission agrees to close enforcement at Kellen Farms if owner files NOI to formalize path maintenance

The commission discussed a long-running enforcement matter at Kellen Farms (Indian Pond Road) and signaled it will close the current enforcement order conditional on the owner filing a Notice of Intent (NOI) to formalize maintenance of an existing pathway.

Staff reported recent site visits and improvements and presented two options: approve an ongoing maintenance regime under an order of conditions with defined parameters, or limit maintenance to mosquito control use only. The property representative said the path has existed since 1948 and objected to the idea of an "after-the-fact" filing that would carry higher fees. "The pathway was there in 1948, and it's been there since that time and used since that time," the representative said, asking for a path to remain available for farm education and produce transport.

Staff and commissioners discussed a compromise: allow continued pedestrian use while requiring the owner to file an NOI (or similar filing) that sets parameters for maintenance, vertical clearance and width and includes an order of conditions to ensure any work protects resource areas. Commissioners indicated they would close the enforcement order on the condition the NOI is filed and that any future work within the buffer will require normal review and could be subject to enforcement if done without approvals.

The board voted in favor of the motion to resolve the enforcement contingent on filing and to have staff send a closing letter that documents the current as-built conditions and the requirement for future filings. The commission noted staff may ask that the resulting order of conditions be recorded at the registry of deeds to advise future buyers of restrictions.