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Home My WebLink AboutMiscellaneous - 1210 Osgood Street (5) �¢u1 � ,�ph5 � i21u bs�o�d -lr�t i ��37 a 7 1-'AY 2 2 2000 C._,.. 7rL, C,10 -�-� t ;Z t o os moon sTP`� T /10 &-r ft �t4 D o v( 2 f {'►'l 4 '9 It'5' � SwTTLED 7�c • • CONSERVATION DEPARTMENT Community Development Division July 11, 2014 Forgetta Development, LLC 34 Park Street Andover, MA 01810 RE: Summary of 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 1200 Osgood Street,North Andover, MA. Dear Forgetta Development, LLC, On July 7, 2014 the North Andover Conservation Department observed movement/grading of a large amount of soil at 1200 Osgood Street. The Department is aware of Bordering Vegetated Wetland on the site from prior permits issued for work on the property and a previous violation issued on November 18, 2011. The Conservation Department is concerned that soil movement/grading occurred within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW). According to C. 178.2 of the North Andover Wetland Protection 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 (see also Wetland Protection Act Regulations 310 CMR 10.55). Work within 100-feet of a wetland resource area requires a filing with the North Andover Conservation Commission (NACC) under both the Massachusetts Wetland Protection Act and the North Andover Wetland Protection Bylaw (more information is available at the Town of North Andover website under the Conservation Department link). A member of the North Andover Conservation Department left a message with the office of Lillian Montalto on Monday July 7, 2014 and received a return call form a shareholder of the property. The shareholder was informed of the concerns and that the first step in addressing the concern would be to set up a meeting on site to view the extent of the work that occurred. It was also stated to the shareholder that a new wetland delineation would be needed. The Conservation Department has not received any further contact or a request to meet on site to view the work. The status of erosion controls previously placed on the site during the prior violation is unknown. As such, the North Andover Conservation Department is issuing this Violation letter requiring that you cease all activities within the jurisdictional resource areas including the associated 100-foot Buffer Zone and immediately install erosion controls. The Conservation Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com requires you to delineate all wetlands within 100' of the work area and submit a plan showing the wetland line as well as the limit of work (a survey plan is preferred however an accurately drawn sketch plan may be sufficient) which shall be submitted by noon on August 8th, 2014 for review by the commission at the August 13th, 2014 NACC meeting. The North Andover Conservation Commission has the authority to undertake enforcement action including the levying of fines. The NACC does not feel such action is necessary at this time and appreciates your immediate cooperation in this matter. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NO TH ANDOVER CONSERVATION DEPARTMENT Heidi Gaffney Field Inspector Jennifer Hu hes "JConservation Administrator 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com • A � Town of North Andover O � r NORTPI , OFFICE OF 3� ct O L COMMUNITY DEVELOPMENT AND SERVICES ° . p 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT 9SSAcmUs Director (978)688-9531 Fax(978)688-9542 May 15, 2000 Mr. Eligio Forgetta 1210 Osgood Street North Andover, MA 01845 RE: Forgetta Farm property-1210 Osgood Street. Dear Mr. Forgetta: On May 11, 2000, Mr. Michael D. Howard of Epsilon Associates and myself walked the above referenced property in response to a Request for Determination of Applicability (RDA) submittal to the North Andover Conservation Commission (NACC) for confirmation of wetland resource areas on site. During the site visit, a pipe directly discharging into a wetland resource area was discovered. This pipe has a foul odor associated with it and its source is unknown. This letter hereby requests that this pipe be identified and analyzed immediately as it appears to be a conflict of the Massachusetts Wetlands Protection Act and the Town of North Andover's Wetlands Protection Bylaw. Please submit to the North Andover Conservation Commission, in writing, the origin of this pipe and what exactly is discharging from it as soon as possible. Please send your response to 27 Charles Street. Should you have any questions, please contact me at (978)688-9530. Your attention to this matter is appreciated. Thank you. Sincerely, Richelle Martin Conservation Administrator Cc: NACC members Ms. Sandra Starr, Director, Board of Health Mr. Bill Barrett, Forgetta Development, LLC Dep-Nero File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r # � � rt it t �niR'��♦ � r , •� •R�'ryr � .. ��r, ,f. '' yam ! 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