Fine levied on home with yard called cluttered

Aug 30, 2022

MIDDLEBORO _ A fine of $50 per day will be levied against owners of property at 178 Center Ave. until the area is cleared of debris, the select board voted Monday, Aug. 29.

Concerns were raised about clutter at the site. Property resident John Batchelder acknowledged there were 67 bicycles on the property that he is working on.

Issues on the property have been ongoing since at least November 2021, Health Agent Kayla Smith said, when a letter was sent to the property owners citing concerns with the condition of the property.

Four specific issues were noted, she said. The property owners were asked to clear all eggresses of debris; overturn barrels and bins to prevent animals from entering; organize items around a new structure being built and clean debris from the land.

The first three items were dealt with, she said, which she said was a good start.

But the land still needs to be cleared, she said.

In previous communication with the property owners, the Board of Heath had cited large amounts of debris that were blocking entrances to the home as well as portions of the road and pedestrian walkway.

The select board praised Batchelder for his efforts. 

“I absolutely see a difference,’’ select board member Brian Giovanoni said, including a clear path to the front door. 

But work remains to be done, he said. “We haven’t got there yet,’’ he said. “We have to do something to fix this problem.’’

Some board members expressed frustration with the longevity of the issue.

“This isn’t a one-month issue,’’ select board member Nate Demers said. “We have photos dating back eight months.’’ 

He described the situation as a “public health’’ and “public safety’’ concern.

Batchelder balked at the comments, noting he has “done a lot’’ to alleviate the situation. 

“I’ve done three of the four things you asked of me and I’m still being told it’s not enough,’’ he said.

He described the fines as “bullying’’ and told select board that he will “see what my legal rights are.’’

Giovanoni said he would be willing to consider waiving the fine if Batchelder returned by the next meeting, Sept. 12, and showed the work was done to the town’s satisfaction.

Questions were also raised about a structure the select board said was being built on the property. Batchelder admitted he has not spoken to the building department about the work, which he said involved a tarp to keep items dry.

Select board member Arthur Battistini voted against the fine, but urged Batchelder to communicate with the building department about any structure being built at the site.

Giovanoni, Demers and Mark Germain voted to levy the fine. Select board member Neil Rosenthal was not present.