Fitchburg Developers Pay $10,000 Penalty for Violating Wetlands Protection Requirements

Conrad J. Donell, Robert J. Donell and the DB Realty Trust have entered into an agreement with the Massachusetts Department of Environmental Protection (MassDEP) to resolve violations to the Wetlands Protection Act that took place at a residential subdivision they are developing in Fitchburg, known as Kopley Place. The agreement includes payment of a $10,000 penalty.

MassDEP personnel conducted an inspection of the area in May of 2007 at the request of the local Conservation Commission and area legislators, and observed that storm water drainage structures for the subdivision had not been installed as required in the Superseding Order of Conditions issued for this location. Also, a wetlands replication area had not been constructed as required, and work on the house lots was underway without first having obtained written approval from MassDEP as required in the Superseding Order of Conditions.

The developers agreed to enter into an Administrative Consent Order with MassDEP that requires the submission of a revised drainage plan to MassDEP for review and approval, placement of proper erosion and sedimentation controls at the site, and a schedule for the construction of the replicated wetland area.

"Construction of proper drainage control structures and replicated wetlands both provide important flood control functions," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "These factors are especially important in developed areas and when developing in the hilly environments common throughout northern Worcester County."

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