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Home My WebLink AboutMiscellaneous - 1028 Salem Street (3)�Cw QZ,s�yHaHZ�`cd�P , cQlb ,�_ z� —CO --LY � 9 i Town of North Andover Office of the Conservation Department Community Development and Services Division x 4r.e 27 Charles Street SS�cNuse North Andover, Massachusetts 01845 Alison E. McKay Telephone (978) 688-9530 Conservation Administrator Fax (978) 688-9542 October 4, 2004 Albert Manzi, III 1028 Salem Street North Andover, MA 01845 RE: ENFORCEMENT ORDER Sewer Connection for the Property at 1028 Salem Street Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. Manzi: On September 9, 2004 I received a revised plan entitled "Sewer Tie In Plan" prepared by New England Engineering Services for a proposed sewer connection along Salem Street to your property at 1028 Salem Street Typically, these sewer tie-in projects have been allowed by the Commission without a Conservation filing and the Conservation Administrator is left with the discretion to impose any conditions necessary for protection of any resource area within 100 feet of the proposed work. However, in cases where sewer connections are proposed near or within the 25' No -Disturbance Zone (pursuant to the North Andover Wetlands Protection Bylaw) or the proposed project could potentially have a greater impact on the wetlands resource area, a conservation filing would be necessary. The submitted plan dated August 6, 2004 and revised September 8, 2004 indicates that proposed work will be just outside of the 25' No -disturbance Zone of a protected Wetland Resource area. This Enforcement Order is being issued to allow the proposed work without a filing with the North Andover Conservation Commission (NACC) in accordance with the approved plan and the special conditions outlined below. Specific wetland resource areas affected by the project include the following: • 100 -Foot Buffer Zone (North Andover Wetlands Protection Bylaw Section 1.3) ORDER: Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating completion of the sewer tie- in at the above referenced property in accordance with the revised plan dated September 8, 2004 and the conditions as described below. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Installation of Erosion Controls Prior to commencement of work activities, erosion controls consisting of staked haybales backed by trenched silt fence shall be properly installed at the locations depicted on the approved plan. Additional erosion controls (i.e. haybales) shall surround all catch basins within 100 feet of the proposed work. Environmental Monitoring The applicant shall designate an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the Conservation Department in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt For as long as construction activities occurs on-site and for as long thereafter as the ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC every day in which work is occurring certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved. setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. • Pre -Construction Meeting Upon completion of the above, the applicant shall contact the Conservation Department for a pre -construction meeting. Post Construction • Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. The Conservation Department shall be notified for a post construction inspection once this has been completed. • Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. Final completion of all related sewer installation activities within jurisdictional resource areas (10(Y buffer zone) shall commence on October 12, 2004 and shall be completed by October 14, 2004 (weather permitting) and shall take no longer than 2 days to complete. 3 Failure to complete work within this time frame will result in administrative fines and/or penalties of up to $100 per day per violation retroactive from the date of failed compliance and will also result in a Cease and Desist Order and the filing a Notice of Intent. Any violations to this Enforcement Order as documented herein are subject to a $100 per day penalty' until such time as the Enforcement Order is fully complied with. Each day or portion thereof during which any violation continues shall constitute a separate offense. At this time this Department has not elected to levy a fine. However, we reserve the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincerely, Alison E. McKay Conservation Administrator End. CC: NACC Ms. Heidi Griffin, Community Development Director Ben Osgood, Jr., New England Engineering Services Tom Sawyer, Arco Excavators DEP-Northeast Region file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/REV October 1998) Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands '+ WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 10-4-04 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Albert Manzi III return key. Name of Violator 1028 Salem Street Address 1. Location of Violation: Property Owner (if different) Street Address North Andover 01845 Cityfrown Zip Code Map 104D 32 Assessors Map/Plat Number ParceULot Number 2. Extent and Type of Activity: Completion of a sewer connection along Salem Street to 1028 Salem Street without a valid Order of Conditions. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaform9a.doc • rev. 12115/00 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other (specify): Work activities within 100' of a jurisditional wetland resource area shall comply with the specified conditions (see attached letter). These activities shall commence on October 12, 2004 and be completed by October 14, 2004 (weather permitting) and shall not take longer than 2 working days to complete. C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: See Attached Cover Letter Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) 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, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc - rev. 12H5MO Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order IL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison E. McKay, Conservation Administrator Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday - Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signature Signature of delivery person or certified mail number wpaform9a.doc - rev. 12/15/00 Page 3 of 3 2466 APPLICATION FOR SEWER SERVICE CONNECTION North Andover, Mass. ��' 2,,,4 Application by the undersigned is hereby made to connect with the town sewer main inStreet, subject to the rules and regulations of the Division of Public Works. The premises are known as No. L ¢tea'Gw Street or subdivision lot no. Owner i ti C O Contractor Gf!ze _. Address Address Appis is Signature PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grants permission to to make a connection with the sewer main at subject to the rules and regulations of the Division of Public Works.. Inspected by Date By See back for rules and regulations c 6 1� Street Division of Public Works / OrdLr Gd la y ny PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grants permission to to make a connection with the sewer main at subject to the rules and regulations of the Division of Public Works.. Inspected by Date By See back for rules and regulations c 6 1� Street Division of Public Works Town of North Andover °f No TFt ' Office of the Conservation Department 0 p Community Development and Services Division 27 Charles Street ass"�H�Set North Andover, Massachusetts 01845 Alison E. McKay Telephone (978) 688-9530 Conservation Administrator Fax (978) 688-9542 October 4, 2004 Albert Manzi, III 1028 Salem Street North Andover, MA 01845 RE: ENFORCEMENT ORDER: Sewer Connection for the Property at 1028 Salem Street Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and North Andover Wetland Protection Bylaw (c.178 of the Code of North Andover). Dear Mr. Manzi: On September 9, 2004 I received a revised plan entitled "Sewer Tie In Plan" prepared by New England Engineering Services for a proposed sewer connection along Salem Street to your property at 1028 Salem Street Typically, these sewer tie-in projects have been allowed by the Commission without a Conservation filing and the Conservation Administrator is left with the discretion to impose any conditions necessary for protection of any resource area within 100 feet of the proposed work. However, in cases where sewer connections are proposed near or within the 25' No -Disturbance Zone (pursuant to the North Andover Wetlands Protection Bylaw) or the proposed project could potentially have a greater impact on the wetlands resource area, a conservation filing would be necessary. The submitted plan dated August 6, 2004 and revised September 8, 2004 indicates that proposed work will be just outside of the 25' No -disturbance Zone of a protected Wetland Resource area. This Enforcement Order is being issued to allow the proposed work without a filing with the North Andover Conservation Commission (NACC) in accordance with the approved plan and the special conditions outlined below. Specific wetland resource areas affected by the project include the following: • 100 -Foot Buffer Zone (North Andover Wetlands Protection Bylaw Section 1.3) ORDER: Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating completion of the sewer tie- in at the above referenced property in accordance with the revised plan dated September 8, 2004 and the conditions as described below. BOARD OF APPEALS -688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 • Installation of Erosion Controls Prior to commencement of work activities, erosion controls consisting of staked haybales backed by trenched silt fence shall be properly installed at the locations depicted on the approved plan. Additional erosion controls (i.e. haybales) shall surround all catch basins within 100 feet of the proposed work. • Environmental Monitoring The applicant shall designate an Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the Conservation Department in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. For as long as construction activities occurs on-site and for as long thereafter as the ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC every day in which work is occurring certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and, that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation,/erosion control measures and assume responsibility for their maintenance and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. • Pre -Construction Meeting Upon completion of the above, the applicant shall contact the Conservation Department for a pre -construction meeting. Post Construction • Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. The Conservation Department shall be notified for a post construction inspection once this has been completed. • Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. Final completion of all related sewer installation activities within jurisdictional resource areas (100' buffer zone) shall commence on October 12, 2004 and shall be completed by October 14, 2004 (weather permitting) and shall take no longer than 2 days to complete. �. 3 Failure to complete work within this time frame will result in administrative fines and/or penalties of up to $100 per day per violation retroactive from the date of failed compliance and will also result in a Cease and Desist Order and the filing a Notice of Intent. Any violations to this Enforcement Order as documented herein are subject to a $100 per day penalty' until such time as the Enforcement Order is fully complied with. Each day or portion thereof during which any violation continues shall constitute a separate offense. At this time this Department has not elected to levy a fine. However, we reserve the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincerely, Alison E. McKay Conservation Administrator Encl. CC: NACC Ms. Heidi. Griffin, Community Development Director Ben Osgood, Jr., New England Engineering Services Tom Sawyer, Arco Excavators DEP-Northeast Region file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection Bylaw (REV May 1993/REV October 1998) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: DEP File Number rrovioeo vy utr forms on the North Andover 10-4-04 computer, use only the tab key to move your cursor - do not use the Conservation Commission (Issuing Authority) To: Albert Manzi III Date return key. Name of Violator 1028 Salem Street �+ Address 1. Location of Violation: Property Owner (if different) Street Address North Andover 01845 City/Town Map 104D Zip Code 32 Assessors Map/Plat Number Paroel/Lot Number 2. Extent and Type of Activity: Completion of a sewer connection along Salem Street to 1028 Salem Street without a valid Order of Conditions. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: File Number wpaformga.doc • rev. 12!15100 Dated Condition number(s) Page 1 of 3 rt Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other (specify): Work activities within 100' of a jurisditional wetland resource area shall comply with the specified conditions (see attached letter). These activities shall commence on October 12, 2004 and be completed by October 14, 2004 (weather permitting) and shall not take longer than 2 working days to complete. C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed . work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: See Attached Cover Letter Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) 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, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc - rev. 12M 5= Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures - An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison E. McKay, Conservation Administrator Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday - Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Omer may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signature Signature of delivery person or certified mail number wpaform9a.doc • rev. 12/15/00 Page 3 of 3 2466 APPLICATION FOR SEWER SERVICE CONNECTION North Andover, Mass. Application by the undersigned is hereby made to connect with the town sewer main in fit'! Street, subject to the rules and regulations of the Division of Public Works. The premises are known as No. - _ L '_'�37,G' � w Street or subdivision lot no. Owner ' I eco Contractor �' !� e Address Address App is is Signature -A"�%ttST Cuw�p t,�� ytrcen,e�►+ Order e -d i0 y o y PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grants permission to to make a connection with the sewer main at subject to the rules and regulations of the Division of Public Works.. Inspected by Date By See back for rules and regulations got ( r Street Division of Public Works NEW ENGLAND ENGINEERING INC September 7, 2004 Ms. Alison McKay, Administrator North Andover Conservation Commission 27 Charles Street North Andover, MA 01845 Re: 1028 Salem Street, North Andover, MA Revised Sewer Tie -In Plan Dear Ms. McKay, SERVICES RECEIVED SEP 0 7 2004 110 NORTH ANDOVER CONSERVATION COMMISSION The following plans for the above referenced property are being submitted for your review. 1. (2) Copies of the Revised Sewer Tie -In Plans. If you have any comments or questions please do not hesitate to contact this office. Sincerely, "'6h&10'_ _ Steven E. Pouliot Project Manager 60 BEECHWOOD DRIVE -NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 ml A. ARTIMOVICH MAP 104D, LOT 30 .1L # 4,264' S. CYR MAP 65, LOT 54 C, V15 Y16 _ NEW POLE— #2436 1/2 ` W. GRADY MAP 65, LOT 19