Fat Cactus Wetlands Issue Put Off For Now

A heated discussion over the safety of a vernal pool and wetlands issues and another continuance for the Fat Cactus restaurant as their new lawyer prepares their arguments crested at an otherwise quiet night at the conservation commission this week.

The Fat Cactus issue goes back over two months and resulted in the commission sending the owners a Wetlands Protection Act form 9A, dated, May 17, 2011, that described the extent and type of violation caused by the Fat Cactus owner, Naked Real Estate.

The Fat Cactus restaurant representative, Matt Greer, who appeared before the conservation commission, Tuesday night, told them that the restaurant has retained a lawyer and asked for a continuance until the next meeting.

The conservation commission found that the Fat Cactus restaurant’s parking lot had been, “significantly increased in size by the placement of gravel along the outer boundaries of the existing pavement without the proper wetlands permits.”

With that finding, the commission issued a cease and desist order. The order said, “The property owner his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or  wetland resource areas on this property.”

The owners missed a May 31 appearance and had their hearing continued to Tuesday night’s meting, when they again asked for another continuance.

The commission agreed and moved the hearing to its next meeting, June 14 in the selectmen’s room at town hall.

During a brief discussion of other business, Conservation Agent Betty Adelson said that the Bostonville Grille restaurant had paid $2,200 of a $2,400 obligation to the town.

Following several approvals subject to site walks for other properties, Peter Ogren of Hayes Engineering in Wakefield and Peter Scantalides, vice chairperson, of the conservation commission exchanged opinions in a heated discussion about the vernal pool area at a building site at 334 Essex Street.

The property at 344 Essex Street was divided into three building lots after the owners completed a successful “approval not required”  process before the Planning Board.

The property has a large wilderness area of over 10 acres and part of it contains a vernal pool, in which were found salamander and wood frog egg masses. The property contains several other undescribed wetland resources whose protection have to meet conservation commission approval.

That condition, the wetlands issues place the property under the protection of the Lynnfield Environmental Bylaw, explained Lynnfield Conservation Agent, Betty Adelson.

Although Mr. Ogren provided a description of how his firm interpreted the location of the wetlands area and the vernal pool, Mr. Scantilades said that he wanted to walk the property before he could feel comfortable that a 100 foot buffer zone had been provided for the vernal pool.

Although Ogren successfully argued that they met the expectations of the commission, and said, “You’re asking my client to spend another $1,800 on new drawing,”  the applicant agreed to a continuance, a new set of plans and to meet, with the commission again on June 14.