Mahoney refuses to pay EM fine for construction without permit

Mahoney refuses to pay EM fine for construction without permit

John Mahoney’s bobcat working at the Chopmist Hill Estates site in mid-July.

SCITUATE – Former Town Council President John Mahoney, a contractor by trade, said he will not pay a $3,000 fine issued by the Department of Environmental Management for beginning construction on a driveway at Chopmist Hill Estates on Chopmist Hill Road without a permit.

Patrick Hogan, of the DEM Office of Compliance and Inspection, signed off on the July 22 expedited citation notice finding that Mahoney violated a RIDEM-issued permit. The citation also said Mahoney did not have a stormwater discharge system in place.

The RIDEM assessed an administrative penalty of $3,000, which is $2,000 less than the maximum penalty. It must be paid within 30 days of receipt of the citation.

“I’d never, ever, ever pay that,” Mahoney said.

On June 27, 2018, the DEM issued a “general permit for stormwater discharge associated with construction activity,” requiring him to notify the RIDEM of the anticipated starting construction date and installing soil and sediment control site.

The RIDEM inspected the property on July 8, revealing Mahoney began construction on an access road, and that he did not meet permit requirements.

Following the inspection, Hogan found that Mahoney violated the Rhode Island general law requiring that the discharge of any pollutants into state water comply with permits or regulations.

Further, Mahoney violated the Rhode Island Code of Regulations requiring him to minimize or prevent discharge, in violation of the permit, and requiring him to maintain good working order for water pollution control and abatement.

The citation gave Mahoney five days after receipt of the citation to bring his property into compliance. Mahoney must also regularly participate in inspections and repairs until the site is fully stabilized by vegetation.

Mahoney said the violation was planned, alleging that neighbors took down his permit sign and removed his soil erosion control system. He described that system as a large sock filled with straw.

“The whole thing is bogus,” Mahoney said.

Mahoney said he intends to write a narrative of events stating that he had his permit displayed and erosion system in place and put up surveillance cameras on site.

He said he requested that police add a no trespassing order to the property.

Mahoney received approval for Chopmist Hill Estates plans, an 18-unit project on a 6.7-acre site off Chopmist Hill Road, in November 2018, despite protest from neighbors that the site will dry out nearby wells.

The plan was approved under the town’s low-income and moderate-income housing needs to allow for six buildings.

Mahoney purchased the property in 2016 with the promise to build two single-family homes. In October of last year, he upped his plans to a six-story apartment building with 350 units, only to go back to the 18-unit plan.

In March, Mahoney sold the property to his shell company, Macintosh Realty, and again sold to MJ Investments in May. He remains the project’s developer.

Mahoney and former running mate Nicholas Izzi, both independents, pulled out of a planned third run for office this year, claiming Democrats have a better chance of defeating incumbent Republicans in a two-party race.

Neighbors reported Mahoney’s unauthorized construction on June 14. On June 22, the state issued a cease-and-desist order to Mahoney to halt construction on the driveway.


The Scituate Building Offical who serves a dual capacity as the town’s zoning officer also needs to step up to the plate and do his job. Scituate host one of the largest reservoirs in the Northeast. Many of the Scituate Town Ordnance’s were created to protect RI premier water source.. The taxpayers of Scituate should not have to relie on “State Agency’s” to do the town’s job. The Town Building Offical should enforce the town ordnance’s regardless of who appointed him.