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Home My WebLink AboutMiscellaneous - 115 LANCASTER ROAD 4/30/2018 (2) t4ORTFt O �t4eo 16'qti O� h~1, 1, 96 O� ORATED 9SSAC HUS�� CONSERVATION DEPARTMENT Community Development Division July 19, 2011 Robert&Cheryl Mongell 115 Lancaster Road North Andover, MA 01845 RE: VIOLATION of the Massachusetts Wetland Protection Act (M.G.L. C.131 § 40) and the North Andover Wetland Protection Bylaw (C. 178 of the Code of North Andover) at 115 Lancaster Road Dear Mr. &Mrs. Mongell, During a site inspection to review the wetland resource area related to the building permit submitted for a pool shed at the above referenced property, I observed unauthorized dumping of logs, brush and yard waste within the 100' Buffer Zone to jurisdictional wetland resource area. Specifically the dumping was observed to be within the 25' No-Disturbance Zone pursuant to the North Andover Wetland Protection Bylaw. Yard waste observed included grass clippings, leaves and other tree debris. According to C. 178.2 of the Bylaw, "No person shall engage in the following activities: removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas..." including any 100-foot buffer zone. As such, The North Andover Conservation Department is hereby issuing this Violation Notice requiring that you cease the aforementioned activities within the jurisdictional resource area and remove all stockpiled materials by September 30, 2011 and relocate them to an area outside the 100-foot buffer zone or properly dispose of them off site (the town brush dump on Sharpener's Pond Road is an approved location). Please submit a plan of action to remove the debris and restore the 25' No-Disturbance Zone for approval prior to commencing the clean up. Please also inform this department when clean up is complete. The proposed pool shed is outside of the 100-foot buffer zone and therefore the building permit has been signed by the Conservation Department. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NO�RTHJ ANDOVER CONSERVATION DEPARTMENT Heidi Gaffney 'd Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com PSA � F* A ® McKay, Alison " (- From: McKay, Alison Sent: Tuesday, August 15, 2006 10:38 AM To: Bellavance, Curt Cc: Brown, Gerald; Merrill, Pamela; Leathe, Brian; McEvoy, Jeannine; Sawyer, Susan; Grant, Michele-- Subject: RE: 115 Lancaster Road tto+36,�E,,N�r � s� � Curt, Just to keep you updated. Although I thought I had conducted an extensive search for an existing building permit on this property, a building permit signed off by our department was presented to me yesterday morning by the building department. Our department signed off on it at the end of July. I am not sure why I had trouble locating this particular permit since I really looked in the file and all permit locations last Friday. Pam had indicated that she did not recall reviewing this site. In addition, this particular permit was not logged into the log book, so I could only deduct a potential violation from the information I had gathered at that time. As it stands now, the work appears that it is just outside of the 100' buffer zone, but a significant amount of soils are being stockpiled beyond the work area within the buffer. I have spoken with the homeowner regarding my concern and to install erosion controls around the stockpiling area as a safeguard. He was very understanding of the matter. I will be discussing this with Pam today to have her follow up with the homeowner. This may have been just one case that was somehow missed inadvertently, since this was around the time of some confusion. However, I am respectfully requesting that all permits be logged into the log book as previously discussed at our recent staff meeting. Please let me know if you have further questions or concerns in this regard. Thanks t Alison (7 coh r� �o� 4 5 cku y of,, -----Original Message----- �7 S From: Bellavance,Curt J''L �e�eAce. —RVA �r -Poo Sent: Tuesday,August 15,2006 9:55 AM r To: McKay,Alison;Brown,Gerald -for — nc - Cc: Leathe,Brian;Merrill,Pamela;Wedge,Donna SF F/ As b,,; Subject: RE: 115 Lancaster Road Please let me know if anyone has additional information regarding this case/site, thanks. -----Original Message----- From: McKay,Alison Sent: Friday,August 11,2006 12:37 PM To: Brown,Gerald Cc: Leathe,Brian;Merrill,Pamela;Wedge,Donna;Bellavance,Curt Subject: 115 Lancaster Road FYI I was out this morning reviewing a proposal to install an inground pool at 125 Lancaster Road for the next Conservation meeting as the proposed pool is located within 100'of a wetland resource area. This resource area is located to the rear of the existing SFH and extends across to the abutting lots, including 115. At that time, I had noticed that there was active construction occuring on 115. It appeared that an area had been dug for a foundation for an addition? A significant amount of excavated soils were located directly adjacent to the work area. No erosion controls were in place. A review of the conservation plans of the existing pool and the building plans for the constructing of the SFH indicates that this work may be within 100'to the resource area. Either way, the excavated soils are within the buffer zone and a permit from conservation would be required. I will be calling the homeowners after lunch today requesting a cease and desist until a Conservation filing has been approved. I will be trying to get an written Enforcement Order to this effect out by early next week. I did not see, nor am aware that a building permit was issued for this work. Please let me know how you will approaching this on your end (cease and desist?) 1 DEP FILE# 242— 1366 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or,if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued those issued under File No. 242-1366. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The razing of an existing single-family dwelling, in order to construct a new single-family dwelling,with associated deck, driveway, septic system, and other appurtenances within the Buffer Zone to a Bordering Vegetated Wetland (BVW). 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Greg Swiniarski (Applicant) 326 Campbell Road North Andover, MA 01845 Date filed:June 29,2006 Site Plans prepared by: Merrimack Engineering Services, Inc. 66 Park Street Andover,MA 01810 Entitled "Site Development & Sewage Disposal System Plan", dated May 23, 2006 with revisions made on July 14,2006. Stamped & signed by Anthony Donato, P.E. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant C:\Winword\OOC\326Campbel]Rd.doc 2 NACC 8/9/2006 i Thanks I Alison E.McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20,Suite 2-36 North Andover,MA 978-688-9530 Tracking: Recipient Read Bellavance,Curt Read:8/15/200611:01 AM Brown,Gerald Merrill,Pamela Read:8/15/200611:07 AM Leathe,Brian McEvoy,Jeannine Sawyer,Susan Grant,Michele 2 DEP FILE # 242— 1366 `. Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following_conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). C:\Winword\OOC\326Campbe1IRd.doc 1 NACC 8/9/2006 1 CERTIFIED FOUNDA TION PLAN LOCATED /N NO.AKDOVER, MA SCAL E: / 40' DATE 13 93 Scott L. Gi/es R.L.S. F 50 Deer Meadow Rood North Andover,Moss. �/' L-0-r 3G n 25' G s �0 too,Lu-r-Zone r \ Irl( I (►� I , � I �., 110.00' — t LANGAS-'ER ROAD R= 3cc / CERT/FY THAT OFFSETS SHOWN ARE FOR THE USE ,# THE OFFSETS OF THE BUIL DING /NSPEC TOR ONL Y SHOWN COMPLY AND SUCH USE/S FOR THE ,K WITH THE ZONING DETERM/NATION OF ZONING �``` � T • SY LAWS OF CONFORMITY OR NON-CONFORM/TY J , --NO.Art c�gVE:Z--.MA WHEN CONS TRUC TED. 4 WHENBU/LT � ''� ; , ' ' X CONN OR�±vNBE -r ESSE S p8?'40 W 150.00' A t t � t t t A t t t ' FLG#1 t t V- G� t _Q �v t 1 FLG10 t �¢ 0 v l t &'FL�G#7 FLGti 1 FLGS FLG#4 F.LG t l / ttU, OT DOMENIC IA. KALIL LIJ —tcr 1> a4. 1� S.F. r , 46 t �- �� CO FLG#12DoJ / ' aa�� it DISTURekNCE L6QD t EROSION itC NTp01-... SILT PENCE z -r t FEN(ZE �- N/F co EL &. LESLEY ` t CONSTRUCTION SKI..AR c� _ o i v W \ 1 U \Cn )T 318w cow` s r 43' PATIO 34.7' LL �. Li. o DE- -- — NATERIN Z J.+r N BASIN �'ROP05ED.;::` FF n F1 � CRUSHED33.7' t ; NDRAW ANS7JNE5 Wo loo, / OCt!� ¢c� woos PEN 7° V WOOD FENCE o DECK ' HIG!+ LOT 3A CHEMICAL STORAGE EXISTING INSIDE GARAGE 2 STORY' WOOD #115 i I ! I ! ! 1 1 1 10.00' 1J L=44.37' N 18'30'37' E R=275.00' llS LANCASTER FROAD N PPF.FARFD FOR: V ? o� 1 DESIGNED: DRAWN, � j CHECKED: j FOR IOCx SEDIMENTATION CONTROL FABRIC FOR ENVIROFE:NCE ATTACHED (48' WIDE) TB W'07DEN STAKES WITH GALV. STAPELS OR HOOKS WITH HAYBALE BACKING II aI / vt r ji I I LJ � I 1 t #4t - GROUND ,_EVEL IGROUND LEvEk- <6r HIND; ST b J JTIn � FRCN 1 VLA NO SCALE 0� PLAN O F• LAND t NORTH ANDOVER , MA . NO . 1 1 5 LANCASTER ROAD JAS c _AS P.E., R.L.Q. ��.TE PRECIARED VCR. ROBERT & CHERYL M O N G E LE M F vim/ R P F R M IT ' BRADFORD ENGINEERING C O . I SnEET , OF -NN , 3 WASHINGTON S O - i REVISIT"�� `;`yKED HAVERH [ L_ L, ��'� MA . O1 83O � 4.� _ _ _ ,pHor� X978; 373-239x✓ (9 � 78)_373-8021 L I SGA�E — _ — -_