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Miscellaneous - 11 BEAR HILL ROAD 4/30/2018 (3)
J 975-SS7-1717 J II \_ i III II III it COMPLETE /N COMPLETE THIS SECTIONON ■ Complete items 1,2,and 3.Also complete A S lure item 4 if Restricted Delivery is desired. Agent ■ Print your name and.address on the reverse X ❑Addressee so that we can return the card to you. Kdelivery y(Printed Name) C. D e of Delive ■ Attach this card to the back of the mailpiece, or on the front if space permits. ddress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No -To�j Vi Ac—e.,J M ,, ) � AN j ver l{ O I% 3. Se7i e Type 1 / �(K/� ��Certified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. X14. Restricted Delivery?(Extra Fee) El Yes 2. Article Number 7 oq9� 3900 0000 /Q 70 aS6c1;, (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS F VPermit No.G-10 • Sender: Please pri�f your me.;address,-atad ZIP+4 in thi box • Nord .A-nd©\I-e-r MA D 1 gy_s ru Co Article ul f1.1 kingTH mrinup. m ni A&c, O r- Postage $ 4 t�71.37 UNIT IZI: 0845 0 Certified Fee a t J Postmark C3 Return Receipt Fee �] Here O (Endorsement Required) I /51.75 O r3 Restricted Delivery Fee Clerk; K7KM7F (Endorsement Required) O 9. 19L Total Postage&Fees $ 4' 09/16/03 M Name(Plebe Pnnt Clearly)(to be completed by mailer) ` V r .11 tr �--A---- 1flC---4------------------------------------------------------ Street, t. or PO Box o r I [ O 1 �--------------�---�A--------------------------------- City',sfaf�ZIP �1 Jo✓QX MA C)t n'S / Certified Mail Provides: M A mailing receipt ■ A unique identifier for your mailpiece 0 A signature upon delivery e A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ® Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ® For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". 13 If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. `S Form 3800,July 1999(Reverse) 102595-99-M-2087 Town of North Andover %40RTH �Oy t�lV i,a qti OI Office of the Conservation Department tip Community Development and Services Division 400 Osgood Street 9SSACHLi North Andover,Massachusetts 01845 Pamela A.Merrill Telephone(978)688-9530 Conservation Associate Fax(978)688-9542 May 20,2005 Mr. John Vincent FILE 11 Bear Hill Road Cr North Andover,MA 01845 RE: Enforcement Order- 11 Bear Hill Road,North Andover,MA Dear Mr. Vincent, As you know,the North Andover Conservation Commission(NACC)issued an Enforcement Order on September 3,2003 for unauthorized activities(clearing and grading)within the Buffer Zone to a Bordering Vegetated Wetland(BVW).As part of the mitigation requirements for impacting approximately 144 s.f. of the regulated 25-foot No Disturbance Zone,you were to install five(5)shrubs; 3 white pine (Pinus strobus) and 2 high bush blueberry(Vaccinium corymbosum). In addition,these shrubs were to be monitored at the beginning and end of each growing season for two consecutive years to ensure proper mitigation. To date,this department has not received any reports. On May 13,2005,I conducted a site inspection to verify that the plantings were installed and were not exhibiting any sign of stress or damage. The five(5) shrubs appeared to be doing well with no sign of stress.It is in my opinion that these shrubs will continue to thrive. The lawn area also appeared to be stable against erosion, As such,the erosion control measures(hay bales and silt fence)can be removed. The silt fence and all wooden stakes must be removed and discarded properly. The hay bales may be knocked around and left to decompose. However,you did express the idea of wanting to sod of your lawn,or portions thereof If you choose to do so,the erosion control should remain in place until you have completed this task. Subsequent to the inspection,I discussed the status of the restoration area with Ms. Alison McKay,Conservation Administrator, as well as the lack of monitoring reports. She has informed me that she will administratively waive the monitoring requirement since the mitigation area was small. Therefore, the North Andover Conservation Department has acknowledged your compliance with the aforementioned Enforcement Order,dated September 3,2003,and has determined there are no further issues outstanding. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 . � w r r' r _ Please be aware that any future activity performed on your property within 100-feet of the protected wetland resource area,may require the appropriate filing of an Request for Determination of Applicability(RDA)or Notice of Intent(NOI) filing(whichever is appropriate) before the North Andover Conservation Commission(NACC),per MA Wetlands Protection Act- M.G.L. c.131, §40 and the North Andover Wetlands Bylaw(C.178 of the Code of North Andover). Also,please feel free to contact the Conservation Department if you are unsure of these areas.-In this way you can avoid unnecessary delays. Should you have any questions or comments,please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your cooperation with this matter. Respectfully, NORTH ANDOVER CONSJFXVATION DEPARTMENT 6VL - (2xf Pamela A.Merrill Conservation Associate Cc: Alison McKay, Conservation Administrator File i NORTH ANDOVER CONSERVATION COMMISSION SITE INSPECTION SHEET Date: 13 Does not have permit with the NACC Weather:Bina - Site Address: Inspector: I�MdA '(II Agent/RepresentativeOwner Findings: 4 Win Lille('d L SiArit (Wrsst k 'Ar& gjjjz� 2�Kg ShKiss r4w uk pvl� V, -o aF h II i S ewoc> sIV 6r DW r � i . I V f s � x ,F ,liryy�� •w, �!*'� �.,. t J. 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V l/ i�,�_ ' ��t Y eq{+ +`�1 i 1• .t{....�^{, ,r-$��.•4} + r'r ' 1 ,�', '� ! r,.,��'a x j� �="°e ;;�° ,�i'; .F�h�`�:.F i1 �- � l �t y�-•i :�. ,..`{.J \e J r t , c x`l 4 y SIN 1111111 111 11111 ._jllilll Ii1111 11111 ;�u►.IIi :IIfl1 1' 11gilli �i I:� 1111111 i � �I 1111 Ili ►�,,_. ._ INIn11 11111 111111 n ►��X11 �!I' iIII�.:If�G11 vrr VIII IIIn X1111 �INIII - Aw ji 11� 1 VIII /1 11111 ., r11� 1 11111111 11n 111 111 111 111 jut 1 Irr1111n1111 1 11111 x �� �� � � err: Ell ��rU`o,r:.��rrnrr few ' 11111 111 PON :mm ".:! �;y Al�"1 111 n11 1111111�1/111�11 111 � 11 1111111 IINI 1 I :;r MR- Al X11 111 111 11 1111 ,r. � r s �. . 11 111 11111 111111 :��. � ;, Town of North Andover a4-"osor eR� Office of the Conservation Departments Community Development and Services Division ; 27 Charles Street �SaCHU Alison McKayNorth Andover,Massachusetts 01845 Telephone(978)688-9530 Fax(978)688-9542 Conservation Associate September 3, 2003 John Vincent 11 Bear Hill Road North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 11 Bear Hill 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.Vincent: I met with you on site on September 2, 2003 to determine the extent of work activity within protected resource areas as previously observed off site (refer to letter dated 8/22/03) and to discuss compliance and restoration activities. During this inspection, tree-clearing activities and filling activities were observed within the buffer zone of a bordering vegetated wetland and an associated Brook. However, these activities had occurred mainly outside of the 25' no-disturbance area with the exception of a triangular section at the far rear of the property. As previously stated in the 8/22/03 letter and as discussed on site, this work would have required a permit filing with the Conservation Department for an approval under the Massachusetts Wetland Protection Act and North Andover Wetland Protection Bylaw. During our meeting, the following measures for compliance were discussed and shall be implemented in the sequence as described below and in accordance with the approved restoration report and plan in lieu of a filing. However, if any additional work is proposed at the site,a permit filing will be required. 1. The immediate and proper placement (trenched silt fence and staked haybales) of erosion controls along the entire limit of work. No further vegetative disturbance shall be conducted in the placement of the erosion controls. 2. The removal and clean up of all cut tree debris from the buffer zone. 3. The removal of the fill in the triangular area to the rear as discussed. Fill should be removed to expose the original grade only. No further changes in the grade shall be allowed in this location. 4. Removed material shall be taken off site and shall not be further transplanted on site to further grading activities. 5. A second row of trenched silt fence and staked haybales shall be placed along the new limit of work in this disturbed location. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 6. The remainder of the exposed site shall be immediately seeded for stabilization. 7. Buffer zone plantings shall be planted in the triangular area in accordance with a planting and restoration report submitted by a professional wetland scientist and approved by this office as described below. 8. Planting dates shall be determined by the Conservation Department 9. Plantings shall be monitored by a professional wetland scientist for two complete growing seasons and reports of such monitoring shall be submitted to the Conservation Department. 10. The Conservation Department shall have proof that professional services have been retained to conduct monitoring of the restoration area. Specific wetland resource areas affected by the clearing and filling activities include the following: • 25-Foot No Disturbance Zone(NACC Bylaw Section III.D.); • 100-Foot Buffer Zone(NACC Bylaw Section I.C.); 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 restoration and removal of the unauthorized fill material and brush debris as discussed located within the 25-Foot No-Disturbance Zone. This, restoration work shall be conducted in accordance with the conditions described below. In addition to the conditions as referenced above, the property owner shall immediately take the following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the clearing activities delineated by a qualified wetland biologist 2. Buffer Zone Restoration 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 (wetland resource areas, if any, and 25' No-Disturbance Zone) including the sequence of work, resource area plantings strategy, anticipated future construction and landscaping activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall .address all impacts to the resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. This report must address a physical barrier (i.e. dense plantings,stone wall) along the limit of work. The Restoration Report must be filed with the Conservation Department no later than September 19,2003. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted resource 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 to waive 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 McKay Conservation Associate CC: NACC Julie Parrino, Conservation Administrator Ms. Heidi Griffin, Community Development Director DEP-Northeast Region Ben Osgood,Jr., New England Engineering file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wedmd Protection ByLaw(REV May 1993/REV October 1998) Massachusetts Department of Environmental Protection .— Bureau of Resource Protection -Wetlands DEP File Number WPA Form 9A - Enforcement Order I 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 09-3-03 computer, use only the tab Conservation commission(Issuing Authority) Date key to move To: your cursor- do not use the John Vincent return key. Name of Violator 11 Bear Hill Road, North__Andover, MA 01845 Address 1. Location of Violation: SAME Property Owner(if different) 11 Bear Hill Road Street Address North Andover 01845 Citylrown Zip Code Map 64 21 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Clearing, grading and filling activities within the buffer zone and the 25 foot no-disturbance area of a bordering vegetated wetland without an 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 ecause:the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has beenlis 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 P Massachusetts Department of Environmental Protection DEP File Numbef Bureau of Resource Protection -Wetlands A WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other(specify): See attached EnforcementlViolation Letter 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.12/15/00 Page 2 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 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 McKay, Conservation Associate 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: `%hb Signature of delivery pe(soh or certified mail number wpaform9a.doc-rev.12/15/00 Page 3 of 3 PP BUFFER ZONE RESTORATION PLAN 11 BEAR HILL ROD NORTH ANDOVER, MA RECEIVED �1 SEP 19 2003 NORTH ANDOVER CONSERVATION COMMISSION PREPARED BY NEW ENGLAND ENGINEERING SERVICES INC. 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 SEPTEMBER 19, 2003 INTRODUCTION New England Engineering was contacted by John Vincent,the owner of 11 Bear Hill Road,on September 3,2003 after his having a conversation with Ms. Alison McKay regarding work he was doing in the rear yard of his property.Ben Osgood,Jr.visited the site with Mr.Vincent on September 5, 2003. Mr. Osgood instructed Mr. Vincent to install erosion control at the edge of the disturbed area and seed the disturbed area as soon as possible. Mr. Osgood contacted Ms. McKay and informed her that he had been retained to deal with the violation and prepare whatever documentation may be needed by the commission. At a subsequent site visit with Mr. Vincent on September 18, 2003 Ben Osgood directed fmal seeding and stabilization work within the disturbed area. Mr Vincent was instructed to seed the whole area and spread a layer of hay mulch on the more steeply sloped areas that are closer to the off site wetland. This work was done as directed.During this site visit the location of the wetlands was flagged and the area of buffer zone disturbance was located. WETLAND DELINIATION The flagged wetland area consists of three wetland flags hung at the top of the bank along an old dug ditch.The wetland consists of a narrow strip of Bordering Vegetated Wetland within the ditch, an Intermittent stream contained within the ditch,and bank. This wetland is the same wetland that is shown on the original development plan for the property. An additional area was investigated. Specifically,on the 11 Bear hill property side of the stone wall there is evidence that water flows along the wall during storm events. This water originates at the outlet of the detention basin for the Bear hill Subdivision. The area uphill of this flow path up to the pipe outlet was investigated. It is evident that as you travel uphill towards the pipe outlet the water is channeled in a dug ditch. Although there is some wetland indicator vegetation along the ditch and at the top of the ditch, soils investigation reveals that the area is all disturbed and that the area adjacent to the channel is spoil material from the excavation of the channel. The area does not contain hydric soil. Based upon these findings the area was not determined to be a wetland,just an area of overland flow emanating from the drainage system on bear Hill. EXTENT OF BUFFER ZONE DISTURBANCE On September 18, 2003 a localized survey of the extent of buffer zone disturbance was performed.In order to determine the extent of disturbance the haybale line was used as the edge of disturbance and a 25 foot no disturb line was established from the newly flagged wetland. The area between the haybales and the 25 foot no disturb line was determined to be 144 square feet as shown on the enclosed plan. The disturbed area was observed to have been filled with several inches of soil. Some existing vegetation remains,however it is damaged. The existing vegetation consists of several maple saplings,two white pine saplings,and one high bush blueberry. IMPLEMENTATION OF MITIGATIVE MEASURES Mitigation of disturbance to the buffer zone and the adjacent wetland is proposed to be undertaken in two phases.Phase 1 consists of stabilization of the disturbed areas that he outside the 25 foot no disturb zone. Measures 1 to 3 recommended below have been completed at the time of the writing of this report and include the following. 1. Installation of trenched siltation fence and a row of double staked haybales along the edge of disturbance. 2. Raking and seeding of all disturbed areas. 3. Mulching disturbed areas with straw in order to stabilize the ground while the grass is growing. 4. Continued monitoring to insure proper germination of grass with supplemental seeding in areas where germination is not complete. 5. Fertilization of the area with a low nitrogen fertilizer to insure continued growth of the root structure of the newly germinated grass.Fertilization will ensure a healthy stand of grass is established before the onset of cold weather so the site will remain stable throughout the winter months. Phase two of the mitigation pertains to the disturbed area within the 25 foot no disturb buffer zone. The plan for restoration of this area takes in to account the makeup of the buffer zone areas on site that were not disturbed. The existing vegetation in the 25 foot no disturb zone consists primarily of Cinnamon Fern,and Boston Fern in the groundcover layer. The shrub/sapling layer consists of High Bush Blueberry,White Pine,Birch,Red Maple,Red Oak,and Black Cherry. The overstory layer is Red Maple and red Oak. The recommendation for restoration of the disturbed area is as follows. 1. Remove all soil that has been spread over the existing ground. Work shall be done using hand tools taking care not to further damage the existing vegetation and remove the underlying organic layer that remains under the deposited soil. 2. Install a row of siltation fence between the 25 foot no disturb zone and the adjacent disturbed areas. 3. Supplement the existing vegetation with new plantings to consist of three white pine saplings 2 to 3 feet in height and two high bush blueberry 2 to 3 feet in height.Exact locations of the newly planted material to be determined on site by New England Engineering. The existing vegetation shall remain regardless of how much damage it has sustained because it is the opinion of this office that that plant material will rejuvenate by sending up new shoots or will continue growing regardless of the damage. 4. Monitoring the newly planted area for two complete growing seasons to insure the continued survival of all newly planted material and existing damaged material. Supplemental plantings shall be made as directed by the appointed monitor. 5. Removal of erosion control devices at the direction of the environmental monitor. All removal work to be accomplished using hand tools. Items 1 and 2 outlined above have been completed as of the writing of this report. NO DISTURBANCE ZONE PROTECTION In the area where clearing was done in close proximity of the no disturb buffer zone a physical barrier is being proposed to lessen the probability that future disturbance will occur.The physical barrier is proposed to consist of 9-4' to 6'tall White Pine planted in a staggered row along the 25 foot no disturb zone as shown on the attached plan.In addition north Andover Wetland medallions shall be attached to trees along the entire edge of disturbance at intervals not to exceed 50 feet. CONCLUSION With the expedient completion of the measures recommended, any direct impact to a wetland resource area can be avoided. The impact made upon the 25 foot no disturb buffer zone will also be mitigated, although this process depends upon the continued monitoring of the site to insure proper growth of newly planted material. fes,L RvSec7JV GVNT Z0L-/ 4-f AJC .Da-S,ED �r1Z�f� sts 1t) REb csffld 71 NE \ , 1 / PRO v I iDL Zs/ NL? ,Q I sTuR 2, zv Nj '� �,` ..--''".' I`�►.f S tri. -�T !�� /vv D 1 s i�.:f2 R- 2�.�3� 1�S.i��i�'71�7�3 L pc ap RvNo�� 7o sv�n�tc`,�t' f-xts�'a�f G- f-) uGl 7'h� c3f+�. rPLv rvI �c t2 F�,!4,tP E7�A C i- 6 v c t�r7 O A 1 s�I=mo fZ 1 Aj G r� t.v DE'i"t ►JT�� N PdNfJ � �� ;- prLJ�tfz.�Y LING' DECEIVED f7r SEP 1 9 2003 --- — --- — --� r�1 - NORTH ANDOVER CONSERVATION COMMISSION I -C� � /J �U a Al Ci'1r8 l t R✓ tr I R/f ! R,f Au " t ���- Town of North Andover rd-a $4 ' I'•a 4p Office of the Conservation Department Community Development and Services Division W. 4 age _ �8 'Erq oae:xo�� 27 Charles Street Esq= S� Alison McKa North Andover,Massachusetts 01845 Telephone(978)688-9530 Y Conservation Associate Fax(978)688-9542 September 3,2003 John Vincent 11 Bear Hill Road North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 11 Bear Hill 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.Vincent: I met with you on site on September 2, 2003 to determine the extent of work activity within protected resource areas as previously observed off site (refer to letter dated 8/22/03) and to discuss compliance and restoration activities. During this inspection, tree-clearing activities and filling activities were observed within the buffer zone of a bordering vegetated wetland and an associated Brook. However, these activities had occurred mainly outside of the 25' no-disturbance area with the exception of a triangular section at the far rear of the property. As previously stated in the 8/22/03 letter and as discussed on site, this work would have required a permit filing with the Conservation Department for an approval under the Massachusetts Wetland Protection Act and North Andover Wetland Protection Bylaw. During our meeting, the following measures for compliance were discussed and shall be implemented in the sequence as described below and in accordance with the approved restoration report and plan in lieu of a filing. However, if any additional work is proposed at the site, a permit filing will be required. 1. The immediate and proper placement (trenched silt fence and staked haybales) of erosion controls along the entire limit of work. No further vegetative disturbance shall be conducted in the placement of the erosion controls. 2. The removal and clean up of all cut tree debris from the buffer zone. 3. The removal of the fill in the triangular area to the rear as discussed. Fill should be removed to expose the original grade only. No further changes in the grade shall be allowed in this location. 4. Removed material shall be taken off site and shall not be further transplanted on site to further grading activities. 5. A second row of trenched silt fence and staked haybales shall be placed along the new limit of work in this disturbed location. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 6. The remainder of the exposed site shall be immediately seeded for stabilization. 7. Buffer zone plantings shall be planted in the triangular area in accordance with a planting and restoration report submitted by a professional wetland scientist and approved by this office as described below. 8. Planting dates shall be determined by the Conservation Department 9. Plantings shall be monitored by a professional wetland scientist for two complete growing seasons and reports of such monitoring shall be submitted to the Conservation Department 10.The Conservation Department shall have proof that professional services have been retained to conduct monitoring of the restoration area. Specific wetland resource areas affected by the clearing and filling activities include the following: • 25-Foot No Disturbance Zone(NACC Bylaw Section IH.D.); • 100-Foot Buffer Zone(NACC Bylaw Section I.C.); 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 restoration and removal of the unauthorized fill material and brush debris as discussed located within the 25-Foot No-Disturbance Zone. This restoration work shall be conducted in accordance with the conditions described below. In addition to the conditions as referenced above, the property owner shall immediately take the following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the clearing activities delineated by a qualified wetland biologist 2. Buffer Zone Restoration 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 (wetland resource areas, if any, and 25' No-Disturbance Zone) including the sequence of work, resource area plantings strategy, anticipated future construction and landscaping activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. This report must address a physical barrier (i.e. dense plantings, stone wall)along the limit of work. The Restoration Report must be filed with the Conservation Department no later than September 19,2003. The violations as documented herein are subject to a $300 per day penalty, until such time as the impacted resource 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 to waive 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, JP� f 0 Alison McKay Conservation Associate CC: NACC Julie Parrino, Conservation Administrator Ms. Heidi Griffin, Community Development Director DEP-Northeast Region Ben Osgood, Jr., New England Engineering 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 DEP File Number 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 computer, use 09-3-03 only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the John Vincent return key. Name of Violator 11 Bear Hill Road, North Andover, MA 01845 Q Address 1. Location of Violation: SAME Property Owner(if different) 11 Bear Hill Road Street Address North Andover 01845 City[Town Zip Code Map 64 21 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Clearing,grading and filling activities within the buffer zone and the 25 foot no-disturbance area of a bordering vegetated wetland without an 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) wpaformga.doc•rev.12/15/00 Page 1 of 3 . Massachusetts Department of Environmental Protection ~�-- Bureau of Resource Protection -Wetlands DEP File Numbef WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other(specify): See attached EnforcementfViolation Letter. 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.12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection �. DEP File Number Bureau of Resource Protection -Wetlands R WPA Form 9A — Enforcement Order I Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 McKay, Conservation Associate 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 b Ingle member or agent of the Commission and ratified by majority of the members at the next eduled meeting of the Commission. Signatures: '1 1 -3 iY 6 G ^fij'r'j lt3o Signature of delivery pe(solh or certified mail number i wpaform9a.doc•rev.12/15/00 Page 3 of 3 4' NEW ENGLAND ENGINEERING SERVICES lk INC RECEIVED SEP 19 2003 f�U� NORTHANDOVER CONSERVATION COMMISSION September 19, 2003 Scott Massey, Chairman North Andover Conservation Commission 27 Charles Street North Andover,MA 01845 Re: 11 Bear Hill Road,North Andover Dear Mr. Chairman: Please accept this letter and the enclosed buffer zone restoration plan as a response to the enforcement order that was issued by the commission September 3, 2003. This office has been working with the owner of the property since the discovery by the commission of the violation. At a site inspection yesterday, September 18, 2003,final seeding and mulching operations were observed.No siltation has been found beyond the haybales and the erosion control is in good working condition. I will be at your September 24, 2003 meeting to discuss this matter if you so desire. If you have any questions or concerns before then please do not hesitate to contact this office. Sincerely, w C enjamin C. osgoy, Jr.,EIT President 6D BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 pr� QC ,n �G BUFFER ZONE RESTORATION PLAN 11 BEAR HILL ROD NORTH ANDOVER, MA RECEIVED SEP 19 2003 NORTH ANDOVER CONSERVATION COMMISSION PREPARED BY NEW ENGLAND ENGINEERING SERVICES INC. ' 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 SEPTEMBER 19, 2003 INTRODUCTION New England Engineering was contacted by John Vincent,the owner of 11 Bear Hill Road,on September 3,2003 after his having a conversation with Ms. Alison McKay regarding work he was doing in the rear yard of his property. Ben Osgood, Jr.visited the site with Mr.Vincent on September 5,2003.Mr. Osgood instructed Mr. Vincent to install erosion control at the edge of the disturbed area and seed the disturbed area as soon as possible.Mr. Osgood contacted Ms. McKay and informed her that he had been retained to deal with the violation and prepare whatever documentation may be needed by the commission. At a subsequent site visit with Mr. Vincent on September 18,2003 Ben Osgood directed final seeding and stabilization work within the disturbed area.Mr Vincent was instructed to seed the whole area and spread a layer of hay mulch on the more steeply sloped areas that are closer to the off site wetland. This work was done as directed. During this site visit the location of the wetlands was flagged and the area of buffer zone disturbance was located. WETLAND DELMIATION The flagged wetland area consists of three wetland flags hung at the top of the bank along an old dug ditch. The wetland consists of a narrow strip of Bordering Vegetated Wetland within the ditch, an Intermittent stream contained within the ditch,and bank. This wetland is the same wetland that is shown on the original development plan for the property. An additional area was investigated. Specifically, on the 11 Bear hill property side of the stone wall there is evidence that water flows along the wall during storm events. This water originates at the outlet of the detention basin for the Bear hill Subdivision. The area uphill of this flow path up to the pipe outlet was investigated. It is evident that as you travel uphill towards the pipe outlet the water is channeled in a dug ditch. Although there is some wetland indicator vegetation along the ditch and at the top of the ditch, soils investigation reveals that the area is all disturbed and that the area adjacent to the channel is spoil material from the excavation of the channel. The area does not contain hydric soil.Based upon these findings the area was not determined to be a wetland,just an area of overland flow emanating from the drainage system on bear Hill. EXTENT OF BUFFER ZONE DISTURBANCE On September 18,2003 a localized survey of the extent of buffer zone disturbance was performed. In order to determine the extent of disturbance the haybale line was used as the edge of disturbance and a 25 foot no disturb line was established from the newly flagged wetland. The area between the haybales and the 25 foot no disturb line was determined to be 144 square feet as shown on the enclosed plan. The disturbed area was observed to have been filled with several inches of soil. Some existing vegetation remains,however it is damaged. The existing vegetation consists of several maple saplings,two white pine saplings,and one high bush blueberry. IMPLEMENTATION OF MITIGATIVE MEASURES Mitigation of disturbance to the buffer zone and the adjacent wetland is proposed to be undertaken in two phases. Phase 1 consists of stabilization of the disturbed areas that lie outside the 25 foot no disturb zone. Measures 1 to 3 recommended below have been completed at the time of the writing of this report and include the following. 1. Installation of trenched siltation fence and a row of double staked haybales along the edge of disturbance, 2. Raking and seeding of all disturbed areas. 3. Mulching disturbed areas with straw in order to stabilize the ground while the grass is growing. 4. Continued monitoring to insure proper germination of grass with supplemental seeding in areas where germination is not complete. 5. Fertilization of the area with a low nitrogen fertilizer to insure continued growth of the root structure of the newly germinated grass. Fertilization will ensure a healthy stand of grass is established before the onset of cold weather so the site will remain stable throughout the winter months. Phase two of the mitigation pertains to the disturbed area within the 25 foot no disturb buffer zone. The plan for restoration of this area takes in to account the makeup of the buffer zone areas on site that were not disturbed. The existing vegetation in the 25 foot no disturb zone consists primarily of Cinnamon Fern, and Boston Fern in the groundcover layer. The shrub/sapling layer consists of High Bush Blueberry, White Pine,Birch,Red Maple,Red Oak, and Black Cherry. The overstory layer is Red Maple and red Oak. 1 The recommendation for restoration of the disturbed area is as follows. 1. Remove all soil that has been spread over the existing ground. Work shall be done using hand tools taking care not to further damage the existing vegetation and remove the underlying organic layer that remains under the deposited soil. 2. Install a row of siltation fence between the 25 foot no disturb zone and the adjacent disturbed areas. 3. Supplement the existing vegetation with new plantings to consist of three white pine saplings 2 to 3 feet in height and two high bush blueberry 2 to 3 feet in height.Exact locations of the newly planted material to be determined on site by New England Engineering. The existing vegetation shall remain regardless of how much damage it has sustained because it is the opinion of this office that that plant material will rejuvenate by sending up new shoots or will continue growing regardless of the damage. 4. Monitoring the newly planted area for two complete growing seasons to insure the continued survival of all newly planted material and existing damaged material. Supplemental plantings shall be made as directed by the appointed monitor. 5. Removal of erosion control devices at the direction of the environmental monitor. All removal work to be accomplished using hand tools. Items 1 and 2 outlined above have been completed as of the writing of this report. NO DISTURBANCE ZONE PROTECTION In the area where clearing was done in close proximity of the no disturb buffer zone a physical barrier is being proposed to lessen the probability that future disturbance will occur. The physical barrier is proposed to consist of 9-4' to 6'tall White Pine planted in a staggered row along the 25 foot no disturb zone as shown on the attached plan.In addition north Andover Wetland medallions shall be attached to trees along the entire edge of disturbance at intervals not to exceed 50 feet. CONCLUSION With the expedient completion of the measures recommended, any direct impact to a wetland resource area can be avoided. The impact made upon the 25 foot no disturb buffer zone will also be mitigated, although this process depends upon the continued monitoring of the site to insure proper growth of newly planted material. Rvslc7>v co.�T�zc�c.._� N ,.�-�'--• D i S)v R S r t7 �r P Ef't a'"''`-' r2.D E u ' REb c, P1# / vi ! t-r -Ft r)E ira s A'—I l Pao v a oc,7t3r`�f�iZr�E� `�. _ o� 2�..1GLi (za�77�7�5 N Z N1�tru� c� Luc:6E2R r Y vc,� t� ay Rvi✓o a% �—. -L.AAJ 3 s�.s 1. t ice } A rrZOnft 13eAQ )-JjbL. Iocpr7-7o AJ PE76`(ZI"IAj��a DEre"T'o K-7 P4 Mn RECEIVED r J7 SEP 1 9 2003 NORTH ANDOVER CONSERVATION COMMISSION l �Pto ait"i SEH BUFFER ZONE RESTORATION PLAN 11 BEAR HILL ROD NORTH ANDOVER, MA RECEIVED SEP 19 2003 \� NORTH ANDOVER CONSERVATION COMMISSION PREPARED BY NEW ENGLAND ENGINEERING SERVICES INC. 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 SEPTEMBER 19, 2003 INTRODUCTION New England Engineering was contacted by John Vincent,the owner of 11 Bear Hill Road,on September 3,2003 after his having a conversation with Ms. Alison McKay regarding work he was doing in the rear yard of his property. Ben Osgood,Jr.visited the site with Mr.Vincent on September 5, 2003.Mr. Osgood instructed Mr.Vincent to install erosion control at the edge of the disturbed area and seed the disturbed area as soon as possible. Mr. Osgood contacted Ms. McKay and informed her that he had been retained to deal with the violation and prepare whatever documentation may be needed by the commission. At a subsequent site visit with Mr. Vincent on September 18, 2003 Ben Osgood directed final seeding and stabilization work within the disturbed area.Mr Vincent was instructed to seed the whole area and spread a layer of hay mulch on the more steeply sloped areas that are closer to the off site wetland. This work was done as directed. During this site visit the location of the wetlands was flagged and the area of buffer zone disturbance was located. WETLAND DELINIATION The flagged wetland area consists of three wetland flags hung at the top of the bank along an old dug ditch. The wetland consists of a narrow strip of Bordering Vegetated Wetland within the ditch, an Intermittent stream contained within the ditch,and bank. This wetland is the same wetland that is shown on the original development plan for the property. An additional area was investigated. Specifically, on the 11 Bear hill property side of the stone wall there is evidence that water flows along the wall during storm events. This water originates at the outlet of the detention basin for the Bear hill Subdivision. The area uphill of this flow path up to the pipe outlet was investigated. It is evident that as you travel uphill towards the pipe outlet the water is channeled in a dug ditch.Although there is some wetland indicator vegetation along the ditch and at the top of the ditch, soils investigation reveals that the area is all disturbed and that the area adjacent to the channel is spoil material from the excavation of the channel. The area does not contain hydric soil.Based upon these findings the area was not determined to be a wetland,just an area of overland flow emanating from the drainage system on bear Hill. EXTENT OF BUFFER ZONE DISTURBANCE On September 18,2003 a localized survey of the extent of buffer zone disturbance was performed. In order to determine the extent of disturbance the haybale line was used as the edge of disturbance and a 25 foot no disturb line was established from the newly flagged wetland. The area between the haybales and the 25 foot no disturb line was determined to be 144 square feet as shown on the enclosed plan. The disturbed area was observed to have been filled with several inches of soil. Some existing vegetation remains,however it is damaged. The existing vegetation consists of several maple saplings,two white pine saplings,and one high bush blueberry. IWLEMENTATION OF MITIGATIVE MEASURES Mitigation of disturbance to the buffer zone and the adjacent wetland is proposed to be undertaken in two phases.Phase 1 consists of stabilization of the disturbed areas that lie outside the 25 foot no disturb zone. Measures 1 to 3 recommended below have been completed at the time of the writing of this report and include the following. 1. Installation of trenched siltation fence and a row of double staked haybales along the edge of disturbance. 2. Raking and seeding of all disturbed areas. 3. Mulching disturbed areas with straw in order to stabilize the ground while the grass is growing. 4. Continued monitoring to insure proper germination of grass with supplemental seeding in areas where germination is not complete. 5. Fertilization of the area with a low nitrogen fertilizer to insure continued growth of the root structure of the newly germinated grass. Fertilization will ensure a healthy stand of grass is established before the onset of cold weather so the site will remain stable throughout the winter months. Phase two of the mitigation pertains to the disturbed area within the 25 foot no disturb buffer zone. The plan for restoration of this area takes in to account the makeup of the buffer zone areas on site that were not disturbed. The existing vegetation in the 25 foot no disturb zone consists primarily of Cinnamon Fern, and Boston Fern in the groundcover layer. The shrub/sapling layer consists of High Bush Blueberry,White Pine,Birch,Red Maple,Red Oak, and Black Cherry. The overstory layer is Red Maple and red Oak. The recommendation for restoration of the disturbed area is as follows. 1. Remove all soil that has been spread over the existing ground. Work shall be done using hand tools taking care not to further damage the existing vegetation and remove the underlying organic layer that remains under the deposited soil. 2. Install a row of siltation fence between the 25 foot no disturb zone and the adjacent disturbed areas. 3. Supplement the existing vegetation with new plantings to consist of three white pine saplings 2 to 3 feet in height and two high bush blueberry 2 to 3 feet in height.Exact locations of the newly planted material to be determined on site by New England Engineering. The existing vegetation shall remain regardless of how much damage it has sustained because it is the opinion of this office that that plant material will rejuvenate by sending up new shoots or will continue growing regardless of the damage. 4. Monitoring the newly planted area for two complete growing seasons to insure the continued survival of all newly planted material and existing damaged material. Supplemental plantings shall be made as directed by the appointed monitor. 5. Removal of erosion control devices at the direction of the environmental monitor. All removal work to be accomplished using hand tools. Items 1 and 2 outlined above have been completed as of the writing of this report. NO DISTURBANCE ZONE PROTECTION In the area where clearing was done in close proximity of the no disturb buffer zone a physical barrier is being proposed to lessen the probability that future disturbance will occur.The physical barrier is proposed to consist of 9-4' to 6'tall White Pine planted in a staggered row along the 25 foot no disturb zone as shown on the attached plan.In addition north Andover Wetland medallions shall be attached to trees along the entire edge of disturbance at intervals not to exceed 50 feet. CONCLUSION With the expedient completion of the measures recommended,any direct impact to a wetland resource area can be avoided. The impact made upon the 25 foot no disturb buffer zone will also be mitigated, although this process depends upon the continued monitoring of the site to insure proper growth of newly planted material. DlSTuE: 6A-CC- G•!A/� fLE6> MAPLE N C)14.v g V L,E l� REb o1 1 ! w f-1 t-r " IJP ALL •� 2k' To t7RiJ v E t�L t��i� t — �../ I tj L{ S fz. -v.:--r o rr Nv pr STS�2-pl F'L-AAJT g �.., l; � AN,� z M1G ti €hut l� �vc�� ra oy Rv�✓o� -ro S0PrLE�6-'vj- Lxt�7`1--J Cr- DAev 4(r�n VG F-rlg77OtJ. E-X'9 (— P&-rc Ent � /it/ }i1GLP. Dt'few�`�a N i�c�NSJ �12•JPE 5z-1 i LINL: - -- RECEIVED l7" s SEP 19 2003 NORTH ANDOVER Wt,_L�,�,] �«L-- CONSERVATION COMMISSION L-oj1 , t�2 t-fC�Lk� t2f '4'Aj D � " -411 D fi%6-)Al 67 6 P-►Al I TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW r- DA0TE' `DATE OF THIS NOTICE�C*I 'bcr )0 NAME )j�(J^3 I -NAME OF OFFENDER ..}J ADDR VO�� �IYfG�7 I VVV ITY,. ` ADDRESS OF 0FFEITR ew 01 -Ko a 1 .C ' E KU / 4 fi. DATE OF BIRTH OF OFFENDER cl STAT ,ZIP 0DEE :MV OP( ,oX XnI�OV 4- M MV OPERATOR LICENSE NUMB, MV//M8 REGISTRATION NUMBER OFFE OFFENSE: ( 1 LO fa` KTe- �G lMW1Qr�lA� 1MEAN z TIME AND DATE OF lOLATION (/19/�r �/_ 20 d AT 1 M')(P.M.)nAl .j 4% LOCATIO OF VIOLATION I SIGNATt),AT 1 ry t aa(j S ENFORCING DEPARTMENT SIGN A f•E OF ENFORCING PERSOfI v �"O 1 HERE . X I HEREBY ACKNOWLEDGE RECEIP OF THE FOREGOING CITATION ff/ 194una ❑ Cilld&(L nable to obtain signature of offender.Date Mailed THE Flt-❑Citation mailed to offender �} YOU H% DISPO:THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO (1)V DISPOSITION OF THIS MATTER. between I (1)You may elect to pay the above tine,either by appearing in person exceptec Andoverbetween 8:30 A.M.and 4:30 P.M.,Monday through Friday,legal holidays the Con;excepted,before:The Conservation Office.27 Charles Street,North O 'Andover,MA 01845 OR by mailing a check,money Ord OFTHISer or postal note to result the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE no (2)If,OF THIS NOTICE.This will operate as a final disposition of.the matter,with .may dos no resulting criminal record. (2)If you desire to contest this matter in a non WITHIN criminal proceeding,this itation f may do so by making a written request,and enclosing a copy I WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF.THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court k 380 Common St.,Lawrence,MA 01840 (3)if t. ATTN:21D non-criminal complaint, (3) t you fail to pay the above fine or to appear as specified,a criminal E A.I HI complaint may be issued against you. .r+� chargf dA I HEREBY ELECT the first option above,confess to the ❑ B.I HE charged,and enclose , yment in the amount of$ E B.I HEREBY REQU T a -on-6rimin2t Baring on this matter. Signature r WHITfSignature WHITE FENDER'S COPY YELLOW:CONSERVATION COPY �/PINK:POLICE COPY GOLD:COURT COPY TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE - NAME OF OFFENDER ! t i r i °_•f ADDRESS OF OFFENDER N ) CITY,STATE,ZIP CODE DATE OF BIRTH OF OFFENDER R 1 MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: , I - - 22 TIME AND DATE OF VIOLATION (A.M.)(P.M.)ON t 20 j LOCATION OF VIOLATION, 6 AT SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION X OrUnable to obtain signature of offender.Date Mailed - O Citation mailed to offender r THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:30 P.M.,Monday through Friday,legal holidays excepted,before:The Conservation Office.27 Charles Street,North Andover,MA 01845 OR by mailing a check,money order or postal note to the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)If you desire to contest this matter in a non-criminal proceeding,you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence-District Court 380 Common St.,Lawrence,MA 01840 ATTN:21D non-criminal (3)If you fail to pay the above fine or appear-as specified,a criminal complaint may be issued against you. O A.I HEREBY ELECT the first option above,confess to the-offense, charged,and enclose payment in the amount of$ —WY2� ❑ B.I HEREBY REQUEST anon-criminalibearing on this matter. Signature f WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY f PINK:POLICE COPY GOLD:COURT COPY JOHN E. VINCENT 53-7119724 f 11 BEAR HILL RD. 574815778383 NORTH ANDOVER, MA 01845 DATE PAY TO E ORDER 01- ® DOLLARS 8 a ate, FIRST ESSEX BANK' mEmo gol +: 21137 119 li: 57 481578 310 ? 21. --J i Town of North Andover Office of the Conservation Department a� 44r . ,b�ti� h p Community Development and Services Division 27 Charles Street �Ss�sKuygt Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Associate Fax(978)688-9542 September 16, 2003 John Vincent 11 Bear Hill Road North Andover, MA 01845 RE: Enforcement Order Violations at 11 Bear Hill Road pursuant to 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. Vincent: The Conservation Department conducted a follow-up inspection on September 16, 2003 at the above referenced property to ensure that the site was in compliance with the September 3, 2003 Enforcement Order. Upon this inspection, it was observed that several items, which were to be implemented immediately, where not conducted in accordance with the Enforcement Order. Specific items which were not implemented as stated and also discussed with you on site were items 1 (the trenching of the siltation fence, at least around the most sensitive downslope area) and 6(the stabilization of the remainder of the slope with seed or other stabilization methods). These items were critical in preventing erosion and for the protection of the wetland resource areas. Evidence of erosion was observed on site and, what may be recent, material was observed beyond the erosion controls. This should have been prevented if the items as referenced above were immediately implemented. Therefore, the Department is issuing a$200 fine for non-compliance of the Enforcement Order(violation ticket enclosed). In addition, please address these specific items immediately. Please be aware that all items should be addressed in full in the final restoration report to be submitted by no later than September 19, 2003, as referenced in the Enforcement Order. Further failure to comply with the Enforcement Order shall result in additional penalties and/or fines of up to $300/day starting from the initial observation of the violation pursuant to the North Andover Wetlands Protection Bylaw, Section 178.10(A)(Page 8). Thank you for your anticipated cooperation. Sincerely, Alison E. McKay Conservation Associ, e BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Cc: NACC Julie Parrino, Conservation Administrator Heidi Griffin, Community Development Director DEP File i j TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW 0151 DATE OF THIS NOTICE NAME OF OFFENDERT 1 VO �, �IY1G�nT ADDRESS OF OFFE [SEhK� R .^,,, f CITY,STAT,ZIP ODE DATE OF BIRTH OF OFFENDER t h /) ov �' or 8� MV OPERATOR LICENSE NUMB Mv/MB REGISTRATION NUMOER l i i OFFENSE: U1 SeUer� d2✓ns ft in 2, :5eA&,,6er 3, 9003 Rnhor 4 e ny 4 prder TIME AND DATE OF TION /� `((A..M. P.M.)ON �dNGC! Llp 20b3 LOCATI AT It SIGNI,E OF ENFORCING P SOH f! �LJ! E ORGING DEPARTM A I HEREBY ACKNOWLEDGE RE CEI OF THE FOREGOING CITATION X V Unable to obtain signature of offender.Date Mailed /1 & a ❑Citation mailed to offender THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ ��Or YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1)You may elect to pay the above fine,either by appearing in person between 8:30 A,M.and 4:30 P.M.,Monday through Friday,legal holidays excepted,before:The Conservation Office.27 Charles Street,North Andover,MA 01845 OR by mailing a check,money order or postal note to the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)It you desire to contest this matter in a non-criminal proceeding,you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21 D noncriminal i (3)If you fail to pay the above fine or to appear as specified,a criminal complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the offense I charged,and enclose payment in the amount of$ ❑ B.I HEREBY REQUEST a non-criminal hearing on this matter. i Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY Town of North Andover �uYn Office of the Conservation Departments Community Development and Services Division - ¢"0 p7 09afY0�.19 27 Charles Street ��SACH:i`�E� Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9531 978 Conservation Associate Fax( )688-9542 September 16, 2003 John Vincent 11 Bear All Road North Andover, MA 01845 RE: Enforcement Order Violations at 11 Bear Hill Road pursuant to 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. Vincent: The Conservation Department conducted a follow-up inspection on September 16, 2003 at the above referenced property to ensure that the site was in compliance with the September 3, 2003 Enforcement Order. Upon this inspection, it was observed that several items, which were to be implemented immediately, where not conducted in accordance with the Enforcement Order. Specific items which were not implemented as stated and also discussed with you on site were items 1 (the trenching of the siltation fence, at least around the most sensitive downslope area) and 6 (the stabilization of the remainder of the slope with seed or other stabilization methods). These items were critical in preventing erosion and for the protection of the wetland resource areas. Evidence of erosion was observed on site and, what may be recent, material was observed beyond the erosion controls. This should have been prevented if the items as referenced above were immediately implemented. Therefore, the Department is issuing a$200 fine for non-compliance of the Enforcement Order(violation ticket enclosed). In addition, please address these specific items immediately. Please be aware that all items should be addressed in full in the final restoration report to be submitted by no later than September 19, 2003, as referenced in the Enforcement Order. Further failure to comply with the Enforcement Order shall result in additional penalties and/or fines of up to $300/day starting from the initial observation of the violation pursuant to the North Andover Wetlands Protection Bylaw, Section 178.10(A)(Page 8). Thank you for your anticipated cooperation. Sincerely, l/ Alison E. McKay Conservation Associ• e BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Cc: NACC Julie Parrino, Conservation Administrator Heidi Griffin, Community Development Director DEP File i • i TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLA i 01 % DATE OF THIS NOTICE NAME OF OFFENDERT ' V� j ADDRESS OF OFFE ITR Z... K 01/ r1 o� . I UITV,STAT ZIP ODE DATE OF BIRTH OF OI ndou�r MA 01 V/51 MV OPERATOR LICENSE NUMB MV/MB REGISTRATION NUMBER 1 OFFENSE:541 Ltrq. J , l I TIME AND DATE OF TION I (A.M) P.M..)�),ON//)) 'p B,yYjft! 16 Ite _ 'PAT I_ocnn OFvC-ct✓'ron171 f\06L� SIGN A E OF ENFORCING P�fiSO E ORCING DEPART Ji I HEREBY ACKNOWLEDGE RE OF THE FOREGOING CIT IX Q { t?"Unable to obtain signature of offender.Date Mailed ❑Citation mailed to offender THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 00' YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD 1 DISPOSITION OF THIS MATTER. (1)You may elect to pay the above fine,either by appearing in between 8:30 A.M.and 4:30 P.M.,Monday through Friday,legal hl excepted,before:The Conservation Office.27 Charles Street,Nol Andover,MA 01845 OR by mailing a check,money order or posta the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF TF OF THIS NOTICE.This will operate as a final disposition of the m no resulting criminal record. (2)If you desire to contest this matter in a non-criminal procee may do so by making a written request,and enclosing a copy of ti WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTI The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21D non-criminal (3)If you fail to pay the above fine or to appear as specified,E i complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the off+ charged,and enclose payment in the amount of$ ❑ B.I HEREBY REQUEST anon-criminal hearing on this matte Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION PINK:POLICE COPY GOLD:COURT COPY Town of North Andover �p�r 64,�eGo,p'S'�O Office of the Conservation Department Community Development and Services Division $ - "F A'Y.q 44s7y0 �,� 27 Charles Street CHuse Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530 978 Conservation Associate Fax( )688-9542 August 22, 2003 John Vincent 11 Bear Hill Road North Andover, MA 01845 RE: Possible 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. Vincent: The Conservation Department received an anonymous call earlier this week about extensive tree cutting activities to the rear of your property. An inspection was made following this notification and tree cutting was observed. Following the inspection, our in-house files showed a plan dated March 30, 1984,which has been included,with the proposed house location and the 100' buffer zone from a protected wetland resource area associated with a brook. It appeared as though the tree cutting activities might have been outside of the 100' wetland buffer zone. I did not choose to follow up at that time. However, I did perform another inspection on 8/22/03 and observed excavating equipment, evidence of excavation, and a stockpiling area of material on site. Please be aware that any land altering activities proposed or conducted within 100 feet of a Bordering Vegetated Wetland or within 200 feet of a perennial stream is subject to a Request for Determination of Applicability or a Notice of Intent filing with the North Andover Conservation Commission(Sections V and VI of the North Andover Regulations). Section H(b)of the North Andover Wetlands Protection Bylaw, states that an"alteration"includes, but is not limited to,the placement of fill, excavation, or regrading. Please contact me immediately at(978)688-9530 to set up an inspection so that this department may accurately determine the wetland resource area boundaries on the property and the extent of work activity. Resource area boundaries are ever changing and the buffer zone as referenced on the 1984 file plan is likely to be inaccurate,which may cause the activities observed on site to be within the protected buffer zone. Failure to comply with the above mentioned request may result in additional penalties and/or fines of up to $300/day starting from the initial observation pursuant to the North Andover Wetlands Protection Bylaw, Section 178.10(A)(Page 8). Thank you for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 SinL'rely, i Alison E. McKay Conservation Associa e Cc: NACC Julie Parrinq Conservation Administrator Heidi Griffin, Community Development Director File h.. v PIZO FOS E D G O)J T4u E % o - �� ` � � � ! �' + 1 �� ��, !i .rte � r ti � Ex►.STiNU (aQAI�� - _.. :.� �/o= v 3p 14 IX \ \\ Q ->r- � ! 1 � � ! 1 1 .. ' ., x� • . �1tU15N G2AGL� , 1 ) ! I 1 Lsl ) 1 1 2.5 MIN.cloven . ,w OF a 1 ► 1 ► 1 N 196' leo I 1 1 1 ! \ m s !!W. To -fANK - !99 W PROFILE ~ SCALE : Hor. 1' = 40 Vert. I"= 4' / L � / � ZI- ��'� 5 � , � \�" PLAN SHOWING PROPOSED SEWER- SERVICE /ems' _ / + ► , AND PROPOSED LOT GRADING. rp 1 dP y SCALE :. I" = 40 DATE - MARC.H 30, 1984 OWNER : ZACHARY REALTY CORP. LOCATION*- LOT I ,. BEAR HILL ROAD NORTH ANDOVER ; MASS. . . andove rWRILAM 4. ►�o "9 of w6WIAMR5 22' �EXJ_410AlG 504 consultants &U=LroD V. A5 NZW6a-rr-v 121nr- mss.z7 fta,6EO 5N1 N , Wv z:&5.2Q inc. No. 31,478 Ck 213- Broadway R Methuen , Mass. „ q CO .HILE YOU W"ERE":�llilAV'`, FOR A.M. `` DATE TIME P.M. M .5 �. OP'v Cx1c, 4. PHDNEO ❑FAX REIURNE D:. P C)MOBILE 67370r YQURGALL C p{ N ER XTENSION COel i M AGE _ r I PLEASE GALL Q► house- un F711 r1AGAIN (( SEEYDU ;" t T(IDM �ff T r e.¢-S dow WANTS TD' SEE YOU. SIGNE, VOPS. FORM 4002 North Andover Conservation Commission ' Site Inspection Sheet i i Dep File # 242- does not have permit with Conservation Commission Date: Address: Agent/Representative/Owner present: Findings: ti e % %T04n Viace,,f