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Home My WebLink AboutMiscellaneous - 119 DUNCAN DRIVE 4/30/2018 (5) c i9 _ � � i� .� J s �.—--� 1 i O ,$ t Postmark Postage Aete 0 Gentled Fee Gler4r: 1 e t Feou�edl Return O lEndohetn O �estttoted�tt f0kok dl O (,Idorsem to bea- 0 b mailer) e&Fees ompleted y O ta ( l� r a D Tot Postag print Clearly)::r ::r Name(please ��Bo or Cr "Sheet,APi.No.;or ep Cry r 1L+ ►t o -Siate, ON e Type Aff fixed r -sag Post.: -4.65 Aff�x 4.65 Total Cost: 0,60 Base Rate,ERVICES 2.30 Certified Mail 70993400000040120494 1.75 Return ReceiPt 0.00 subtotal 0.00 Total Number of Items Sold' Thank You ( please come and debit cards! We also accept V C J, grtified M . aiue ail p A uni 8 r"0eipt rv�ia.- O 1 ._ 0 f c P Postal Service CERTIFIED MAIL RECEIPT a5omesktic Mail Only; Q- Article Sent To:0 J � Postage '$ C3 LWIT IN 0630 Certified Fee Postmark Return Receipt Fee Here C3 (Endorsement Required) 0 1. 7675 Q Restricted Delivery Fee (Endorsement Required) Clerk.: KK5NFG C3 0 Total Postage&Fees $ 07/29I03 ft I Name(Please Print Clearly)(to be/c�ompleted by mailer) -------------Hs Ll-,a.e'-----J JQJ-------------------------------------------- tT Street,Apt.No.;or PO Box No. ` Tr V� O llR u�G � �� F`' City,-State,zlp+4� Certified Mail Provides: ■ A mailing receipt i ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ 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. 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PS Form 3800,July 1999(Reverse) 102595-99-M-2087 Rf SML SERVICE **** WELCOME TO ***** WARD HILL STA WARD HILL, MA 01835-9992 07/29/03 05:OOPM Store USPS Trans 84 Wkstn sys5003 Cashier KK5NFG Cashier's Name VIRGINIA Stock Unit Id GINNY PO Phone Number 1800-ASKUSPS USPS # 2445930630 1. First Class 0.00 Destination: 01845 Weight: 1 .50oz Postage Type: Affixed Affix. Post. : -4.65 Total Cost: 4.65 Base Rate: 0.60 SERVICES Certified Mail 2.30 70993400000040720494 Return Receipt 1.75 Tottaltal 0. 00 Number of Items Sold: 1 Thank You Please come again! We also accept credit and debit cards! Town of North Andover Office of the Conservation Department Community Development and Services Division « i 27 Charles Street ,SSwCHUs� Julie Parrino North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 MEMORANDUM DATE: August 6,2003 TO: Michael Bova FROM: Julie Parrino, Conservation Administrator SUBJECT: Conservation Filing for 119 Duncan Drive Upon review of the Building Department files, several.plans (see attached)were included in your property address.folder. One of the plans appears to reflect the correct property line configuration we discussed, although the house location on this plan does not appear correctly. I did find paperwork relating to the construction of a garage and family room. It appears a variance from the Zoning Board was required for the construction of this addition. A plan was also identified in the files showing what appears to be two decks. I ant not sure if these are the correct configurations. The small dashed deck measures approximately 12' by 16'. The solid line appears to have been a proposed deck and measures approximately 11' by 16'. I did not find any record of filings for your lot in the Conservation'Database. One of the building plans does show an edge of wetlands, however this plan is approximately 20 years:old.and the wetland line must be delineated by a wetland scientist Attached is a list of consultants that may assist you through the filing process. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover ��•_ Office of the Conservation Department Community Development and Services Division ory 27 Charles Street Alison McKay North Andover,Massachusetts 01845 Telephone (978)688-9530 Conservation Associate Fax(978)688-9542 July 29, 2003 Michael Bova 119 Duncan Drive North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 119 Duncan Drive 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. Bova: On July 29, 2003 during a routine building permit inspection for a proposed sunroom, the Conservation Department observed that construction activities had already commenced without the proper approvals. This is not only in violation with the Building Department and possibly the Health Department, but the work is within the 100-foot buffer zone of a protected wetland resource area. This requires a permit from the Conservation Department, under 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., separate from and in conjunction with all other permits. During this inspection it was also observed that the locations of the newly placed sonotubes, in. association with the proposed, are within the 50 foot No-Build of the"Bylaw'. Any further activities on the site shall immediately cease and desist until an Order of Conditions is granted for the work. Specific wetland resource areas affected by construction include the following: • 50-Foot No Build Zone(NACC Bylaw Section III.D.); and • 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 following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the proposed activities delineated by a qualified wetland biologist. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2. Plans Permit Site Plan: The permit site plan shall include all information required for a Notice of Intent application filed with the NACC. This plan shall include any wetland alteration areas, structures, facilities, storage area, etc., within 100-feet of the delineated wetlands, all proposed activities, including structures and grading, as well as the location of the 100-foot buffer zone, 50-foot No- Construction Zone and 25-foot No-Disturbance Zone. 3. Notice of Intent A Notice of Intent filing application under the Massachusetts Wetland Protection Act and North Andover Wetland Protection Bylaw. The Notice of Intent application and associated plans must be filed with the Conservation Department no later than August 29,2003. 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 not 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. Attached is a list of consultants who can assist you with bringing the site to compliance. Your anticipated cooperation is appreciated. Sincerely, Alison McKay Conservation Ass ciate Encl. 'In accordance with the provisiomof MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw(9-V May 1W3/REV October 1998) CC: NACC Julie Parrino, Conservation Administrator Ms. Heidi Griffin, Community Development Director Robert Nicetta, Building Commissioner Michael McGuire, Building Inspector Sandra Star, Health Director Brian LaGrasse, Health Inspector DEP-Northeast Region file i Massachusetts Department of Environmental Protection � DEP FiIE -- Bureau of Resource Protection -.Wetlands WPA Form 9A - Enforcement Order 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provides A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 7/29/03 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Michael Bova return key. Name of Violator 119 Duncan Drive, North Andover, MA 01845 Address 1.* Location of Violation: SAME Property Owner(if different) 119 Duncan Drive Street Address North Andover 01845 Citylrown Zip Code 104B Parcel 186 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Construction of a partially erected sunroom within the buffer zone to a bordering vegetated wei resource area without an Omer of Conditions. Current construction is also in violation of the 50 fo( Build Zone of the North Andover Wetlands Protection Bylaw. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetland 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 wpaform9a.doc•rev.12/15/00 Pa Massachusetts Department of Environmental Protection :-- Bureau of Resource Protection -Wetlands DEP F�Ir WPA Form 9A - Enforcement Order Providec Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 File Number Condition number(s) B. Findings (cont.) ® Other(specify): See attached Enforcement/Violation 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 de: from the further activity affecting the Buffer Zone and/or wetland resource areas on this pro ❑ Wetland alterations resulting from said activity should be corrected and the site returned to original condition. Complete the attached Notice of Intent.The completed application and plans for all proposr work as required by the Act and Regulations shall be filed with the Issuing Authority on or b August 29, 2003 Date No further work shall be performed until a public hearing has been held and an Order of Conditi 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. Massachuse General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penah to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continu violation shall constitute a separate offense. wpaform9a.doc•rev.12/15/00 Pag Massachusetts Department of Environmental Protection ;•-- Bureau of Resource Protection -Wetlands DEP Filr WPA Form 9A Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provide( D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Departm 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 memb, agent of the Commission and ratified by majority of the members at the next sche d meeting of Commission. Signatures: 11,21103 4vA W '1A - -ti - �"- `o O 3Y6 o ooc)o Yo 7;t o y gy Signature of delivery person or certified mail number wpaform9a.doc•rev.12/15/00 Par Town of North Andover Office of the Conservation Department n p Community Development and Services Division e. 27 Charles Street w�gssa �:es��h North Andover,Massachusetts 01845 Alison McKay Telephone(978)688-9530 Conservation Associate Fax(978)688-9542 July 29, 2003 Michael Bova 119 Duncan Drive North Andover, MA 01845 RE: ENFORCEMENT ORDER:Property at 119 Duncan Drive 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. Bova: On July 29, 2003 during a routine building permit inspection for a proposed sunroom, the Conservation Department observed that construction activities had already commenced without the proper approvals. This is not only in violation with the Building Department and possibly the Health Department, but the work is within the 100-foot buffer zone of a protected wetland resource area. This requires a permit from the Conservation Department, under 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., separate from and in conjunction with all other permits. During this inspection it was also observed that the locations of the newly placed sonotubes, in. association with the proposed, are within the 50 foot No-Build of the"Bylaw". Any further activities on the site shall immediately cease and desist until an Order of Conditions is granted for the work. Specific wetland resource areas affected by construction include the following: • 50-Foot No Build Zone(NACC Bylaw Section HI.D.); and • 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 following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the proposed activities delineated by a qualified wetland biologist. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2. Plans Permit Site Plan: The permit site plan shall include all information required fol a Notice of Intent application filed with the NACC. This plan shall include any wetland alteration areas, structures, facilities, storage area, etc., within 100-feel of the delineated wetlands, all proposed activities, including structures and grading, as well as the location of the 100-foot buffer zone, 50-foot No- Construction Zone and 25-foot No-Disturbance Zone. 3. Notice of Intent A Notice of Intent filing application under the Massachusetts Wetland Protection Act and North Andover Wetland Protection Bylaw. The Notice of Intent application and associated plans must be filed with the Conservation Department no later than August 29,2003. 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 not 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. Attached is a list of consultants who can assist you with bringing the site to compliance. Your anticipated cooperation is appreciated. Sincerely, Alison McKay Conservation Ass2ciate Encl. 1 In accordance with the proioiss of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw(M May 1993/REV October 1998) CC: NACC Julie Parrino, Conservation Administrator Ms. Heidi Griffin, Community Development Director Robert Nicetta, Building Commissioner Michael McGuire, Building Inspector Sandra Star, Health Director Brian LaGrasse, Health Inspector DEP-Northeast Region file Massachusetts Department of Environmental Protection Ll Bureau of Resource Protection -WetlandsDEP File WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 7/29/03 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Michael Bova return key. Name of Violator 119 Duncan Drive, North Andover, MA 01845 Address 1. Location of Violation: SAME Property Owner(if different) 119 Duncan Drive Street Address North Andover 01845 City/Town Zip Code 104B Parcel 186 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Construction of a partially erected sunroom within the buffer zone to a bordering vegetated wet resource area without an Order of Conditions. Current construction is also in violation of the 50 foc Build Zone of the North Andover Wetlands Protection Bylaw. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetland 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 wpaform9a.doc•rev.12/15/00 Pa Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection -Wetlands DEP Fu WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provider File Number Condition number(s) B. Findings (cont.) ® Other(specify): See attached Enforcement/Violation 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 de: from the further activity affecting the Buffer Zone and/or wetland resource areas on this prc ❑ Wetland alterations resulting from said activity should be corrected and the site returned to original condition. ® Complete the attached Notice of Intent. The completed application and plans for all propos, work as required by the Act and Regulations shall be filed with the Issuing Authority on or t August 29, 2003 Date No further work shall be performed until a public hearing has been held and an Order of Conditi 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. Massachuse General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penar, to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continu violation shall constitute a separate offense. wpaform9a.doc-rev.12/15/00 Pag Massachusetts Department of Environmental Protection L- Bureau of Resource Protection -Wetlands DEP FiIE WPA Form 9A Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Providec D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Departm 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 memb( agent of the Commission and ratified by majority of the members at the next scheduled meeting of Commission. Signatures: 70 0 9 3V 0 04,06 90Ja d y gy Signature of delivery person or certified mail number wpaform9a.doc•rev.12/15/00 pag w 0 ` ' LD )I t� z i Ile CIOVq, Ivd t7 J7 00) Lq r oO 4%