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Owner withdraws RDA for Goodale Street site; commission continues enforcement order and will inspect
Summary
Joseph Viera agreed June 11 to withdraw a request for determination of applicability (RDA) for 154 Goodale Street and continue remediation under a friendly enforcement order; staff will inspect the work and the item will return in September if needed.
The Peabody City Conservation Commission accepted the property owner's offer to withdraw an after-the-fact RDA for 154 Goodale Street on June 11 and agreed to continue handling cleanup under a friendly enforcement order, with staff to inspect the site and report back.
Joseph Viera, the property owner, told the commission he had spread loam, hydroseeded the disturbed areas and sloped disturbed material to control erosion after prior grading and stockpiling on the parcel. Viera said he had removed debris and stabilized the area requested during an on-site visit. Commission staff confirmed photographic evidence of the work had been uploaded to the meeting OneDrive.
Commissioners and staff discussed that some fill may have extended beyond the owner's property line; that civil trespass issue remains between landowners. For conservation purposes the commission opted not to pursue an RDA hearing and instead to continue oversight under the existing enforcement order, requiring the agent to visit and report. The commission's motion, made by Commissioner Arthur Athas and seconded by Commissioner Jamie Harrop, approved withdrawal of the RDA with the owner's permission, continued the enforcement order, and directed the agent to inspect the property and report at the September meeting. The motion passed 5'—0.
Staff said if further work is required to stabilize slopes or address remaining disturbed soil, staff would pursue an amended enforcement order setting specific actions. Viera agreed to the plan and said he would document continuing maintenance and could provide photographs for staff review rather than appearing in person if the agent confirms the site is in satisfactory condition.
