Loading...
HomeMy WebLinkAboutMiscellaneous - 104 FRENCH FARM ROAD 4/30/2018 (2), � j;( ROBERT CROSBY 104 French Farm Road, North Andover, MA 01845 (978) 794-4985 February 1, 2003 Julie Parrino Conservation Administrator Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Compliance with Enforcement Order Dear Julie: RECEIVED FEB 0 & 2003 NORTH ANDOVER CONSERVATION COMMISSION This confirms that the enforcement order placed on my property on April 29, 2002 is no longer necessary as I have fully complied with all of the terms and conditions of our verbal agreement from our meeting on May 6, 2002. You agreed when we met that I would not be required to submit a Resource Area Restoration Report, as described in the enforcement order, if I did the following: 1. Remove all existing leaves, clippings, and debris from the area before the end of the 2002 landscaping season; 2. Place topsoil over the area and restore it to its original condition; 3. Discontinue stockpiling leaves and grass clippings in the area of the wetlands and; 4. Regularly dispose of grass clippings and other yard waste at the town facility at Sharpner's Pond Road. Although I am unaware that the Town of North Andover has established that wetlands exist on my property, I completed each of the items above. It is quite possible that the wetlands have expanded onto my property since the development of French Farm. There is a storm water drainage pipe located behind numbers 40 and 70 French Farm Road. It frequently backs up and may be a contributing factor to expansion of wetlands on adjacent properties. I do not believe that the Town has serviced it in sometime and I request that it do so this spring. Also, I understand that if I wish to build another structure on my property I must obtain prior approval from the appropriate departments within North Andover Community Development and Services. Very truly yours, All -14 Robert Crosby Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator February 27, 2003 Robert Crosby 104 French Farm Road North Andover, MA 01845 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: ENFORCEMENT ORDER: 104 French Farm Road 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. Crosby: This letter is in response to your letter dated February 1, 2003 regarding the Enforcement Order previously issued to you on April 29, 2002. The Conservation Department feels the Enforcement Order has been satisfactorily complied with and requires no further action at this time. Future work on your property may require a filing with the Conservation Department. You may contact us in the future to discuss any possible projects you anticipate. In regards to your concerns of the drainage pipes associated with the stormwater management structures within the subdivision, please contact the Department of Public Works who is responsible for maintaining drainage structures throughout the town. If you have any questions, please feel free to contact me. 2vin Administrator Encl. CC: NACC file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 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 DEP File Number: Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 4-29-02 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Robert Crosby return key. Name of Violator 104 French Farm Road, North Andover, MA 01845 �D Address 1. Location of Violation: Robert Crosby Property Owner (if different) 104 French Farm Road Street Address North Andover 01845 City[Town Zip Code Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Stockpiling of leaves and landscaping debris in a wetland resource area. 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. 12/15/00 Page 1 of 3 Ll'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 B. Findings (cont.) ❑ Other (specify): See Attached Cover Letter C. Order The issuing authority hereby orders the following (check all that apply): DEP File Number: Provided by DEP ® 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. 12/15/00 Page 2 of 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures DEP File Number: Provided by DEP 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: Julie Parrino, Conservation Administrator Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday - F 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. Signatur Z OZ f - $ Signature of delivery person or certified mail number wpaform9a.doc • rev. 12/15/00 Page 3 of 3 Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator April 29, 2002 Robert Crosby 104 French Farm Road North Andover, MA 01845 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: ENFORCEMENT ORDER: 104 French Farm Road 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. Crosby: On April 26, 2002, the Conservation Department conducted a site inspection of your property located at 104 French Farm Road to determine if proposed landscaping activities would be subject to jurisdiction under the Wetland Protection Act and the North Andover Wetland Protection Bylaw. During the inspection, fill consisting of leaves and landscaping debris was identified in the wetland resource area located to the rear of your property. Based on my assessment, this fill material and debris are located within a wetland resource area protected by the Massachusetts Wetland Protection Act (the "Act") M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the "Bylaw") Section 178. It appears that this material has been deposited without the issuance of an Order of Conditions issued by the North Andover Conservation Commission. Specific wetland resource areas affected by the fill material and debris include the following: • Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and NACC Regulations Section III.B.); and • 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); 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 the removal of the fill material deposited in the wetland resource area. The property owner shall submit a Resource Area Restoration Report prepared by a qualified wetland biologist to this BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 Department no later than May 17, 2002. The Resource Area Restoration Report shall address all wetland resource areas that have been altered by the activities described above. This report must be reviewed and approved by this Department. At a minimum, the following information shall be submitted: 1. Wetland Field Delineation The property owner shall have all wetland resource areas on the property field delineated by a qualified wetland biologist. 2. Report A report shall be provided to the NACC in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed restoration including the sequence of work, resource area plantings strategy, anticipated construction activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the wetland resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. Upon final approval of the Resource Area Restoration Report by this Department, the property owner shall implement the restoration activities. A final completion date for all restoration work will be set after this Department has reviewed and accepted the Resource Area Restoration Report. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected not to levy the above mentioned per day fine. However, we reserve the right to take such action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations (4/26/02). 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. ' 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) If you have any questions, please feel free to contact me. Your anticipated cooperation is appreciated. Sincerel , Julie P rrino t 4 Conservation Administrator Encl. CC: NACC file Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPAI Form 9A - Enforcement Order I` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Kcl rarm A. Violation Information This Enforcement Order is issued by: North Andover Conservation Commission (Issuing Authority) To: Robert Crosby Name of violator 104 French Farm Road, North Andover, MA 01845 Address 1. Location of Violation: Robert Crosby Property Owner (if different) 104 French Farm Road Street Address North Andover Cityrrown Assessors Map/Plat Number 2. Extent and Type of Activity: 4-29-02 Date 01845 Zip Code Parcel/Lot Number Stockpiling of leaves and landscaping debris in a wetland resource area. B. Findings DEP File Number: Provided by DEP 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. 12/15/00 Page 1 of 3 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 B. Findings (cont.) ❑ Other (specify): See Attached Cover Letter C. Order The issuing authority hereby orders the following (check all that apply): DEP File Number. Provided by DEP ® 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 healing 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. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands - WPA Form 9A — Enforcement Order I �Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 D. Appeals/Signatures DEP File Number: Provided by DEP 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: Julie Parrino, 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. Signatures: Signature of delivery person or certified mail number wpaform9a.doc - rev. 12/15/00 Page 3 of 3 Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator April 29, 2002 Robert Crosby 104 French Farm Road North Andover, MA 01845 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: ENFORCEMENT ORDER: 104 French Farm Road 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. Crosby: On April 26, 2002, the Conservation Department conducted a site inspection of your property located at 104 French Farm Road to determine if proposed landscaping activities would be subject to jurisdiction under the Wetland Protection Act and the North Andover Wetland Protection Bylaw. During the inspection, fill consisting of leaves and landscaping debris was identified in the wetland resource area located to the rear of your property. Based on my assessment, this fill material and debris are located within a wetland resource area protected by the Massachusetts Wetland Protection Act (the "Act') M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the "Bylaw") Section 178. It appears that this material has been deposited without the issuance of an Order of Conditions issued by the North Andover Conservation Commission. Specific wetland resource areas affected by the fill material and debris include the following: • Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and NACC Regulations Section IILB.); and • 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); 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 the removal of the fill material deposited in the wetland resource area. The property owner shall submit a Resource Area Restoration Report prepared by a qualified wetland biologist to this BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 Department no later than May 17, 2002. The Resource Area Restoration Report shall address all wetland resource areas that have been altered by the activities described above. This report must be reviewed and approved by this Department. At a minimum, the following information shall be submitted: 1. Wetland Field Delineation The property owner shall have all wetland resource areas on the property field delineated by a qualified wetland biologist. 2. Report A report shall be provided to the NACC in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed restoration including the sequence of work, resource area plantings strategy, anticipated construction activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the wetland resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. Upon final approval of the Resource Area Restoration Report by this Department, the property owner shall implement the restoration activities. A final completion date for all restoration work will be set after this Department has reviewed and accepted the Resource Area Restoration Report. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected not to levy the above mentioned per day fine. However, we reserve the right to take such action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations (4/26/02). 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. 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) If you have any questions, please feel free to contact me. Your anticipated cooperation is appreciated. Sincerel., Juh Parrino Conservation Administrator Encl. CC: NACC file CONSULTANTS/ENGINEERS/SURVEYORS Hancock Environmental Consultants 235 Newbury Street Danvers, MA 01923 (978) 777-3050 Contact: Richard Albano John Dick Neve Associates 447 Boston Road Topsfield, MA 01983 (978) 887-8586 Contact: Greg Hochmuth John Morin West Environmental Inc. 122 Mast Road, Suite 6 Lee, NH 03824 (603) 659-0416 Contact: Mark West Wetland Preservation Inc. 47 Newton Road Plaistow, NH 03865 (603) 382-3435 Contact Kurt Young Seekamp Environmental Consulting 29 South Main Street Newton, NH 03858 (603)382-3896 Contact: Michael or Patrick Seekamp Wetlands & Land Management Inc. 500 Maple Street Danvers, MA 01923 (978) 777-0004 Contact William Manuell