Willow Road Development Trustee Pays $9,000 Fine, Corrects Violation of Wetlands Protection Act Regulations at Ayer Site

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $9,000 penalty to Willow Road Development, LLC of North Reading, Trustee of the Willows Condominium Trust, to correct violations of the Wetlands Protection Act that occurred during construction of The Willows Condominiums, located off Willow Road in Ayer.

In September 2011, MassDEP was called to the site by the Ayer Conservation Commission. MassDEP inspectors observed the discharge of silt-laden runoff from the project flowing to adjacent bordering vegetated wetlands, an on-site pond, and eventually to Bennetts Brook.   These activities occurred in violation of the Order of Conditions issued by the Ayer ConsCom.

MassDEP issued an order in November 2011 that required the placement of appropriate erosion controls to stop the discharge and prevent additional violations; required the owners to hire an erosion control specialist to develop an erosion control plan for the project; and to hire a wetlands specialist to assess the damage and submit a plan to restore the altered wetlands. The requirements of the order have since been completed.  

The recent settlement requires the owners to implement the approved erosion control plans and maintenance protocols for the site, and to conduct periodic inspections of the controls.  An approved Wetlands Restoration Plan will also be carried out in accordance with the requirements of the order.  

“One of MassDEP’s important roles is to back-up local conservation commissions as they implement the Wetlands Protection Act, by using enforcement actions and administrative penalties when required,” said Lee Dillard Adams, acting director of MassDEP’s Central Regional Office in Worcester. “By entering into this order with MassDEP, the company has agreed to provide the controls and oversight needed to protect the wetland resources adjacent to this construction project." 

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.