The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 1015 FOREST STREET 4/30/2018 (3)� l C1 Town of Norte Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover; Massachusetts 01845 WUJJAM J. SCOTT Director (978) 688-953 I November 8, 1999 `r Mr. and Mrs. Donato 1025 Forest Street - North Andover, MA 01845 VIA Certified Mail # 2.3 7 6� Fax (978) 688-9542 RE: Violation of the Massachusetts Wetland Protection Act (M.G.L. C.131 S.40) and The North Andover Wetlands Protection Bylaw (C. 178 of the Code of North Andover). Dear Mr. and Mrs. Donato: On November 5, 1999, this Department visually observed an "alteration" that took place at the above referenced property. The term "alteration" includes but is not limited to, the placement of fill, excavatipn,. or regrading (Section III. (d)(3) of the North Andover Wetlands Protection Bylaw and Regulations. The subject violation consists of regrading within the 1 00'Buffer Zone of a Bordering Vegetated Wetland (BVW). Any work proposed within 100' of a BVW is subject to a Request for Determination of Applicability (RDA) or Notice of Intent (NOI) filing with the North Andover Conservation Commission (NACC) (Sections V and VI of the North Andover Regulations). Please be aware that you are in violation of the Massachusetts Wetland Protection Act and The North Andover Wetlands Protection Bylaw (Chapter 178 of the Code of North Andover). This Department mandates the installation of erosion control (trenched silt fence with double -staked hay bales) along the entire limit of work and temporary stabilization of exposed soils with winter rye seed and hay mulch by no later than November 19, 1999. The subject area must be completely stabilized (i.e. Seeded and reached its full potential growth) by no later than June 1, 2000. Failure to comply with the above mentioned deadline will result in additional penalties and / or fines. Please refer to the attached Enforcement Order. If you have any comments, questions, or concerns, feel free to contact me at (978) 688-9530. Thank you for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 'P c nan La Conservation Associate cc: Richelle Martin, Conkrv;ition Administrator NACC members- DEP-ARO File V Massachusetts Deparbwnt of Environmentai Protection ,:,.,. _. DEP File Number Bureau of Resource Protection - Wetlands i WDA Form 9 _ Enforcement Urdler.Adr DEP use only Massachusetts Wetlands. Protection Act M.G.L c. 7.37,,§4Q and North Andover Wetland Pr6tection Bylaw... Violation Information This.Enforcement Order is issued by: Extent and. type of activity; 12e2.100 Cot smoon common flmingAahag) - v 77 Sys ,v •DoNo.+o �, d Name of Viol"— �: Location of Violation: r. SDwAddressle Ass=oa Map✓Plat f Fxceaot f - — Date of Issuance :_,� Date Findings - - _ The Issuing Authority has determined that the activity --- ER Other (specify): described above is in violation of the Wetlands Protection Act (M.G.L. c.131, §40) and its regulations 310 CMR.10.00 CDd because: t- . i t the activity has been/is being conducted without,'valid t� rd er of Conditions: T. e �tTVv 7't ❑ the activity has beerdis being conducted in violation of the Order of Conditions issued to: - Name Dated ._. _:FileNumbrr a n...... q ,.r n 9 Massachusetts Department of Environmentai Protection Bureau of Resource Protection - Wetlands WDAFir t Order a :. Massachusetts Wetlands-:Protecdon Act M. G.L. c. 131, X40 Order IK and North Andover Wetland Protection Bylaw. - The Issuing Authority hereby orders"the following (check all - The property ownershall take the following action to that apply): prevent further violations of the Act: -. ' ❑ The property owner, his agents, permittees, and all eco.S(04 C0'-'.+"1Sec C"J others shall immediately cease:a`d d4stfrom the further Np ��cT �H b GAJ activityaffecting the Buffer Zone and/or wetland resource Mvlc� —r areas on this. property. -❑' WetlandalterationsresulUF�gfinm said activity shall be Sfc�(� �t2a i' �cl,J iVo' ��i'¢ t corrected and the site retumed.to its original condition. . - - -N =SVN-t ( 2,00o - ❑ Complete the attached Notice of .Intent. The completed application.and plans-for.all-proposed work as required by - - - - - - ..the.Act and'regulationsshall be filed with the Issuing- - Authority on or before (date). No further. work shall be performed until a public hearing- —Failureto comply with this Order may constitute grounds has been held and an Order of Conditions has been issued :. for additional legal action -Massachusetts General Laws - to regulate said work-= `=".` == -= " .. - Chapter 131, -Section 40 provides: "Whoever violates any - - "- - provisions -of this section shall be punished by a fine of not - - more than twenty-five thousand dollars or by imprisonment for not -more than two.years•or both. Each day or portion __— thereof of continuing violation shall constitute a separate offense." i Appeals/Signatures An Enforcement order issued by a conservation commission cannot be appealed to the Departmerwof Environmental Protection, but may be -filed in Superior Court.': e 4ustions regarding this Enforcement Order should be directed to: Name- - _ -- 1446 bC6q_ --61;::-_3 0;= --- Hone Number -_ - HaursDaysAailable Issued bylnfr� conservation commission In a situation requiring immediate -action, an Enforcement. Order may be signed by a single member or agent of the commission and ratified by a majority of the members at the next scheduled meeting of the commission: Z 3 70 signaure of deliveryperson or ceraBed mail number