MassDEP Penalizes Amesbury Resident $12,000
for Wetlands and Waterways Violations

The Massachusetts Department of Environmental Protection (MassDEP) penalized John Grossi $12,000 for environmental violations where the construction project in a flood zone of his single-family home, driveway and pier was found to have exceeded the approved plans and permits.

MassDEP approved Grossi's construction plans in 2004. Typically, after construction is completed, a certificate of compliance is requested and a site inspection is held. On October 8, 2008, MassDEP inspected the property at 435 Main Street in Amesbury and found the following violations:

* The driveway in the inner riverfront area had exceeded the approved plans by 360 square feet and driveway construction within the outer riverfront area by 576 square feet. 

* The pier that was constructed in the riverfront area exceeded the approved plan by two-thirds - 500 square feet instead of 300 square feet.

* The home, which was to be constructed on pilings with an open foundation to allow flow underneath the structure, was found to have wooden paneling surrounding the foundation.

* There was to be no mowing, grading or alteration within 15 feet of the bordering vegetated wetlands, but MassDEP found that not only had these actions taken place, but this area had been utilized as a dumping ground for landscape debris.

"MassDEP recognizes that changes to a project may occur as it moves from the planning stage to the construction stage, but it's important that people follow proper procedures," said Richard Chalpin, director of MassDEP's Northeast Regional Office in Wilmington. "Given that this site is within a flood zone, the changes made to the project, if left unchecked, may have resulted in impacts to adjacent properties during flooding events."

Grossi has agreed to hire a wetlands consultant to properly delineate surrounding resource areas by May 1, 2009 and implement a restoration plan by June 1, 2009. Among the items in the restoration plan will be:

* Removal of the portions of the driveway that were not approved, or alternately a plan that provides for an in-kind replacement (or replication) of the riverfront area that was lost as compensation.

* Removal of the wooden paneling beneath the house, or alternately a plan that ensures flood waters can flow beneath the structure.

* Removal of the stockpile of debris in the bordering vegetated wetlands, restoration of impacted area followed by yearly monitoring for five years to ensure long-term viability.

Finally, Grossi, must submit an application to the Chapter 91 Waterways Program for a project modification relative to the pier. MassDEP has agreed to suspend $4,000 of the penalty provided all terms of the order are met.

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