ConCom orders removal of Ramsdell Way soccer field

 

By DAN TOMASELLO

LYNNFIELD — An infuriated Conservation Commission on August 16 ordered a Ramsdell Way couple to remove an artificial turf soccer field and retaining wall built on conservation land.

Planning and Conservation Director Emilie Cademartori explained that Steven and Sondra Smyrnios of 11 Ramsdell Way built a turf soccer field and a retaining wall on abutting conservation land owned by the Lynn Water & Sewer Commission. She said most of the field was built on Lynn Water & Sewer property, which is located in the 100-foot buffer zone of a resource area.

“This violation was discovered a few months ago by accident,” said Cademartori. “We were looking at another property with our high-resolution aerial imagery. We contacted Lynn Water & Sewer first to see if they knew about the encroachment. They then contacted the homeowners and we also contacted the homeowners.”

Cademartori recalled that the Planning Board approved the Ramsdell Way subdivision in 2004, and the homes were built between 2013 and 2015. While she said the town’s Wetland Protection Bylaw does not pertain to the homes built along Ramsdell Way, Cademartori said the property owned by the Lynn Water & Sewer Commission is covered by the bylaw.

“There is a wetland in the woods owned by Lynn Water & Sewer,” said Cademartori. “It’s a large parcel that is by Hawkes Pond, which is a water supply. Therefore, it is all protected land. There are a series of properties on Ramsdell Way whose backyards abut this property that is in Lynnfield, but is owned by Lynn Water & Sewer.”

Cademartori said there is a certified vernal pool around the wetland. Vernal pools are seasonal bodies of water that are inhabited by animals and plants.

“Under the bylaw, the habitat associated within the pool itself is a resource area,” said Cademartori. “Therefore, the actual resource area is extended 100-feet out from the pool itself.”

Lynn Water & Sewer Commission atty. Stephen Kiley was infuriated that both structures were built on the commission’s property.

“This is an egregious encroachment on Lynn Water & Sewer property,” said Kiley. “Most of the field is on property that the homeowner does not own. In addition to the soccer field, there is a large retaining wall that borders two sides of the soccer field, including the rear side.”

Conservation Commission member Erin Hohmann asked the Smyrnios family how they ended up building an artificial soccer field and retaining wall on conservation land owned by Lynn Water & Sewer.

Steven Smyrnios said the couple was “shocked” to learn they built the field and retaining wall on conversation land.

“When we brought the property, it was graded all the way back as far as you could see,” said Steven. “There was about a 25-foot retaining wall at the back of the property that was built of large stone and boulders. When we bought the property, we were maintaining it all along. We thought it was ours. We originally graded the land with grass, and we decided to build the turf field for our children a few years later. The contractor suggested we build a small wall for the turf field. We thought it was a reasonable assumption that was our property considering the retaining wall already existed.”

In response to a question from Conservation Commission Vice Chair Kirk Mansfield, Cademartori said the original stone wall was built before the subdivision was constructed. She said the Smyrnios family built the retaining wall for the soccer field.

Conservation Commission member Janice Solomon was livid that the Smyrnios family built the field and retaining wall on conservation land.

“You are not on your property,” said Solomon. “It’s not even close to your property. There is no way it can stay. You as a homeowner are responsible for what happens on your property and, unfortunately, the due diligence wasn’t done.”

Kiley agreed.

“It is fundamental in property law and construction that you get a plot plan so you know where your lot lines are before you build a soccer field on someone else’s property,” said Kiley. “There is no excuse for this type of encroachment.”

Kiley advised the ConCom to issue an enforcement order to the Smyrnios family and the Lynn Water & Sewer Commission because they are the two property owners involved in the case.

“It’s going to get messy before it gets better,” said Kiley. “We are not going to pay money to restore it to it’s original condition and if the homeowner doesn’t do it voluntarily, it is going to end up in Superior Court with the Lynn Water & Sewer Commission seeking an injunction to force the homeowner to do it. I just don’t understand how or why it happened.”

Hohmann said homeowners have to learn about different town, state and federal regulations before they construct something.

“If they don’t take that step, these types of things happen,” said Hohmann. “It’s unfortunate.”

Steven said the town’s building inspector examined the property.

“The Conservation Commission said to check out what they were doing,” said Steven. “We never heard anything back and no one ever followed up with us. It was all investigated.”

In response to a question from Hohmann, Cademartori said retired Building Inspector Jack Roberto visited the property to issue a Certificate of Occupancy in 2014.

“The home and the swimming pool all met the zoning setbacks based on the property line,” said Cademartori. “At that time, the home was beyond the ConCom’s jurisdiction because it is 100-feet from the wetland. I assume the ConCom signed off on building the home and pool because it was not in their jurisdiction.”

Steven maintained that the building inspector examined the field and retaining wall.

Solomon said the Conservation Commission was never informed about the Smyrnios family’s intention to build the soccer field and retaining wall.

“Conservation was never involved,” said Solomon.

After the discussion, the Conservation Commission voted to issue an enforcement order to both the Smyrnios family and the Lynn Water & Sewer Commission stipulating that the soccer field and retaining wall be removed and restoring the property to its prior condition. The commission also approved an order requiring the Smyrnios family to present a remediation plan to the ConCom at a future meeting.

Hohmann asked the Smyrnios family if they were going to “fight” the enforcement order.

Steven said the soccer field was a “large investment.”

“It was a reasonable assumption that it was on our property,” said Steven.

“I understand that, but it’s an encroachment on another property,” said Hohmann in response. “It’s not your property.”

Sondra Smyrnios said she and her husband need more guidance from the ConCom about what their next steps should be.

“We could remove the turf, leave the grading as it was and move our fence up,” said Sondra. “In my opinion, that is putting it back to what it was originally.”

Cademartori said the Smyrnios family has to present a remediation plan to the ConCom.

Steven asked if the land could be purchased from the Lynn Water & Sewer Commission.

“We can’t sell it,” said Kiley. “In order for the Lynn Water & Sewer Commission to sell any property, it has to deed it back to the city of Lynn, and the city can’t sell property in a conservation area. Unfortunately, it is not a possibility.”

Cademartori recalled that Article 97 in the Massachusetts Constitution protects watershed areas.

“It has to be determined to be surplus land and not essential to the watershed,” said Cademartori. “I can’t imagine that happening because the property is close to Hawkes Pond. It would also require an act of the State Legislature. If you wanted to buy it from a neighbor, it would be very different. Open space for water supplies is heavily protected by state law.”