EagleTribune.com, North Andover, MA

September 13, 2013

Conservation Commission meets in executive session to discuss enforcement action

By Paul Tennant

---- — NORTH ANDOVER — The Conservation Commission met in executive session Wednesday night to talk about an enforcement action at 80 Saile Way.

Joseph Lynch, presiding in place of Chairman Louis Napoli, who did not attend the meeting, said the closed session was necessary because talking about the enforcement action in public would be “detrimental to litigation strategy.” Also meeting with the commission were Conservation Administrator Jennifer Hughes and attorney Carol McGravey, who has been working on the case with Town Counsel Thomas Urbelis.

The owner of 80 Saile Way is the Russell Realty Trust, according to town assessing records. Hughes referred all questions about the enforcement action to Urbelis.

The town counsel did not return a reporter’s telephone inquiry yesterday.

When a reporter went to the large, red brick house at 80 Saile Way and inquired about the reason for the enforcement action, a woman there said, “I would appreciate it if you would leave because I have no idea.”

While town officials so far have not given the reason for the enforcement action, the Conservation Commission, whose primary responsibility is to protect wetlands, will take this step if it believes a wetlands violation has occurred. The property at 80 Saile Way is about 500 feet from Lake Cochichewick, the town’s drinking water supply.

Typically, the commission will impose daily fines of as much as $100 until the alleged violation is corrected.

Before going into executive session, the commission approved:

Thomas Zahoruiko’s request to install a fence at 80 Great Pond Road;

Gregory Hughes’ plan to build an addition with a kitchen and dining area at 224 Carlton Lane;

Eva Mackay’s application to erect a fence at 181 Berkeley Road.

The board reviewed Aimco’s plans to improve drainage and build a bioretention facility at the Royal Crest apartments on Route 114. Kenneth Lania, the engineer who is designing the project, said Aimco intends to install a gravel-lined swale to improve drainage and eliminate flooding at the apartment complex.

Michael Smolak, owner of Smolak Farms at Dale and South Bradford streets, presented plans to build restrooms for the function area on his property. The board postponed rendering decisions on Aimco’s and Smolak’s projects until Sept. 25.

Lynch said he was pleased that Aimco, a large corporation based in Denver that owns thousands of apartments throughout the country, has taken the time and effort to correct the water problems at Royal Crest.