EagleTribune.com, North Andover, MA

July 28, 2013

Commission issues fine over alleged wetland violation

By Paul Tennant

---- — NORTH ANDOVER — The condominium association for 85 Flagship Drive faces a fine of at least $300 due to an alleged wetland violation, Conservation Administrator Jennifer Hughes says.

A few weeks ago, an anonymous caller complained that sediment from a drainage ditch around the parking lot of the building was flowing into a nearby wetland, Hughes said. The Conservation Commission made it clear at its July 10 meeting that the problem needed to be fixed.

Conservation Commission member Albert Manzi Jr. said at that time the ditch flows into the wetland, which in turn feeds Mosquito Brook. The brook is part of the Ipswich River watershed, Manzi noted.

Hughes told the commission Wednesday night that a contractor had begun working on the ditch Monday — but the violation remained.

“So hundreds of gallons of sedimentation are still flowing into the wetlands,” said Manzi, who recommended at the July 10 meeting that a load of three-quarter-inch stone would be sufficient to filter out the sediment.

“We’ll check again tomorrow,” Hughes said. In the meantime, she has begun fining the condo association $100 per day, she said. Hughes and Conservation Commission members noted the situation at 85 Flagship Drive is complicated by the fact that the building does not have a single owner.

Each business there owns its space. Mark Scollard, the president of the condo group, told The Eagle-Tribune a couple of weeks ago the ditch needed to be fixed because of chronic flooding of the parking lot. He said he had every intention of correcting the wetland violation.

Scollard owns and operates Cal-Pak Inc., a firm that designs, sells and installs packaging equipment.

The commission was scheduled to review the stormwater management plan submitted by Angus Realty Corp., owner of Butcher Boy Plaza near Routes 125 and 133. Angus Realty intends to build an office building that will be rented by Pentucket Bank of Haverhill.

The commission granted the applicant a continuance until Aug. 28. Because the office would be within 400 feet of Lake Cochichewick, the town’s drinking water supply, stricter stormwater management standards apply, according to Planning Board and Conservation Commission members. They maintain the underground detention system proposed by the applicant does not satisfy state Department of Environmental Protection regulations.

The commission voted unanimously to release the remaining $18,500 of a bond posted by Aimco, the Denver corporation that owns the Royal Crest Apartments on Route 114. Kenneth Lania, engineer for the massive drainage project Aimco is undertaking, requested the release of the full $37,000 bond on July 10.

The commission, however, had not at that time received notice from Lisa Eggleston, an engineer who advises the town on drainage projects, that she had reviewed and approved Lania’s plan. The board ended up releasing $18,500 then and by last night, with Eggleston’s OK in hand, was willing to part with the second $18,500.