BOSTON MA (2/12/2021) – The Massachusetts Department of Environmental Protection (MassDEP) today announced it has penalized 63 Great Road Partners, LLC, $5,500 for violating the terms of a recorded Notice of Activity and Use Limitation under the Massachusetts waste site cleanup regulations, which occurred at their condominium property in Maynard.
As the result of a MassDEP audit inspection of the condo property located at 63 Great Road in Maynard, MassDEP found that the company had failed to maintain the parking lot pavement in order to limit exposure to underlying contaminated soils and had failed to incorporate a reference to the Notice of Activity and Use Limitation in its deed to the property.
Investigations conducted by prior owners had found petroleum contamination of soil and groundwater at the site. A Notice of Activity and Use Limitation was required to prevent exposure to contaminated soil and groundwater, which was first recorded at the Middlesex South Registry of Deeds in June 2002. The Notice allows commercial use of the property but requires that the pavement be maintained. During an inspection in October 2019, MassDEP observed that the pavement was cracked and broken. The audit also found that requirements to reference the Notice in deeds had not been followed in later condominium sales.
“Owners of disposal sites subject to a recorded Notice of Activity and Use Limitation must adhere to the terms of the Notice to maintain a condition of no significant risk,” said Mary Jude Pigsley, director of the MassDEP’s Central Region Office in Worcester. “In this case, this includes incorporation of the Notice into instruments of property transfer, as well as maintaining the parking lot pavement.”
Since MassDEP’s audit, 63 Great Road Partners, LLC has corrected the deed references and repaired the site pavement.
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.
CONTACT: Ed Coletta 617-292-5737