NewburyportNews.com, Newburyport, MA

Local News

July 9, 2013

Ex-selectmen files complaint against town board

(Continued)

the pipe, but the project remains incomplete.

A few minutes after his initial encounter with Smith, Atwood reports that Mizner and Reed arrived.

“Evidently this was a planned meeting without proper verbal or written notice to my wife or me as property owners,” he wrote. He noted that Smith “became more cooperative and balanced” when the commissioners arrived. According to Atwood the meeting concluded with Mizner agreeing to research the issues regarding the Woodcrest Drive subdivision and the way drainage coming from it was impacting Atwood’s property.

Following the encounter, Atwood sent Smith a notice of No Trespassing via registered mail on June 24. Similar letters were issued to each member of the Conservation Commission.

The presence of any of them on his property constitutes a trespass, Atwood’s letter states. “You are further on notice that a violation of this notice may result in your immediate arrest and a complaint issuing again you in court,” he wrote. He filed a copy of the letters -- along with the certified registered mail receipts -- with the police department.

On June 26, the Conservation Commission issued Atwood a letter stating it would discuss the letter and issues raised – along with “your apparent work in the buffer zone and/or wetland resource areas without an Order of Conditions or Determination of Applicability” -- at its July 1 meeting.

But when Mizner was asked about the discussion over the weekend, Mizner responded that the discussion had been continued until the next board meeting at the request of Atwood and his attorney. Smith could not be reached for comment last week.

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