Loading...
HomeMy WebLinkAboutMiscellaneous - 127 BRIDLE PATH 4/30/2018 (4) CD 12-q PKOU PaM E N I V April 4,2011 Afoi, 00. 20ii NORTH ANDOVER Louis Napoli,Chair Conservation Department CONSERVATION COilii;v,;il�N Jennifer Hughes, Conservation Administrator Town of North Andover, Community Development Division 1600 Osgood Street Suite 2-36 North Andover, MA 01845 RE: o proposed tree removal and grooming of lot behind playset at 165 Bridle Path, North Andover, MA o concern that clearing of vegetation behind new playset and new soil infringes on the 25' No-Disturbance Zone (North Andover Wetlands Protection Bylaw C.178) o the need for formal delineation of the 25' No-Disturbance Zone by abutter We are abutters at 127 BridlePath.We are familiar with the regulations of the North Andover Pa r g e Conservation Committee as we have participated in a wetland restoration project on our property a few years ago. We noticed that our abutters erected a playset and it appears that vegetation has been cleared and the soil has been groomed and possibly filled behind this playset.This area seems to encroach and be within the 25' No-Disturbance Zone of the wetland that extends on to our property and it most assuredly is within the 50' No-Build Zone. Further, it has come to our attention that these neighbors now wish to remove trees from their property as well. This raises concern over the fact that the wetland positioning has not been formally delineated on their property.The wetland boundary is essential to establish the limits of the 25' no cut/no clear disturbance zone.This would be important for workers with machinery unfamiliar with wetland boundaries to be aware of the proper precautionary measures. We respectfully ask that the committee review the recent work and clearing near the playset to ensure compliance. Further,we ask that a formal delineation of the 25' No-Disturbance Zone at 165 Bridle Path be undertaken before any further work is authorized or commenced. Thank you for your attention to this matter. Sincerely, iK m and George Chatson 127 Bridle Path North Andover, MA i NORTH ANDOVER CONSERVATION COMMISSION SITE INSPECTION SHEET DEP File#242- Date: -w ©(4- 'Y/, Does not have permit with the NACC Weather: o h Site Address: Inspector: _RW IL, (460 ( Agent/Representative/Owner: - Findings: P(,j< 6� r v) COATTAfdDL JD 0 fax �, e PLO -612 00L IUCesE1( e � I Vo �-� W :31 mKz a v d . (�/o<�A4Ar ( � �,,� `� � � � �, � _ t ri��S - _ `,cz��..� _ _ 5G __ � ._ � y ,�� �aw`'Z:r.. � e r� '";'.7� fi Y 'ry. � � I:r��. .. r} :r T-�, � i �rr 6, r � � � ,•, - •� ,, �. � i � -����' /// � `������ � � � ti r f �1 r�� � ��� .Q � ': r „� t - �_�_` � '� ��� �, i 1' , �� r 1 � _` ,. L � `, .i"'�� y j fol w f ;E 1 .F. 1 St a. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: �J v UUU U forms on the North Andover October 13, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. George Chatson M.D. return key. Name of Violator 127 Bridle Path, North Andover, MA 01845 Q Address 1. Location of Violation: Property Owner(if different) 127 Bridle Path Street Address North Andover 01845 City/Town Zip Code Ma 104C Map Parcel 88 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): The Enforcement Order is being issued as a mechanism to perform work within 100-feet of a Isolated Vegetated Wetland (IVW)jurisdicational under the local bylaw only. The work involves installing a foundation drain along the rear facade of the existing single-family house, and will connect to an existing PVC pipe. The purpose of installing the foundation drain is to alleviate ongoing drainage problems in this area. The work shall be completed within 3 days of the initial site meeting and the Enforcement Order shall expire on Monday, November 20, 2006. Please see the attached letter prepared by the North Andover Conservation Department, dated October 13, 2006 for additioanl information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: w aform9a.doc•rev.7/14/04 F Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ! t ivl has been/is being conducted in an area subject to protection under c. 131, §40 or the zr o* ut approval from the issuing authority(i.e., a valid Order of Conditions or Negative Deernlr tion). B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ® Other(specify): Please see attached letter prepared by the North Andover Conservation Department dated October 13, 2006. 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 any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: wpaforpga.doc•rev.7/14/04 Page 2 of 4 k Massachusetts Department of Environmental Protection ' DEP File Number: ��-- Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. i C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls)to prevent further violations of the Act: 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. --- --- D. - — _. __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: Pamela Merrill, Conservation Associate Name 978.688.9530 Phone Number Monday through Friday, 8:30am to 12:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission wpaform9a.doc•rev.7114104 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3 Conservation Commission signatures required on following page. D. Appeals/Signatures (cont.) 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 sched meeting of the Commission. Signa s: CO M 14,��71 F Signature of delivery person or certified mail number wpaform9a.doc-rev.7/14/04 Page 4 of 4 i NORTH Of (Lao r61�0 OL Oto 41 �SSACHUS�� CONSERVATION DEPARTMENT Community Development Division October 13,2006 Dr. George Chatson,M.D. 127 Bridle Path North Andover,MA 01845 CERTIFIED MAIL#70020510000008942097 RE: ENFORCEMENT ORDER,127 Bridle Path,North Andover,MA Dear Dr. Chatson, The North Andover Conservation Department has prepared the ensuing Enforcement Order as a mechanism to perform work at the above-referenced property within the 100-foot Buffer Zone to Isolated Vegetated Wetland(11M,jurisdictional under the North Andover Wetlands Protection Bylaw only. Specific work includes installing a foundation drain along portions of the rear facade in order to connect the pipe to the existing 4"PVC pipe,as shown in the sketch you provided. It's my understanding that you have been experiencing ponding of rainwater along the foundation,and as a result,this water seeps into the basement of your home.The intent of the foundation drain is to capture groundwater, subsequently diverting it away from the house via the new PVC and connecting it to the existing PVC.Based on the information you provided,the work will be completed within 2—3 days. The following conditions are mandatory under this Enforcement Order. ❖ Prior to the commencement of work,the Conservation Department shall be contacted so that a site meeting with the contractor can be scheduled to go over the scope of work. Erosion controls will be field-located during the inspection. r All disturbed areas shall be immediately loamed and seeded for permanent stabilization. In addition,the area shall be mulched with a layer of hay to provide additional stabilization during the winter months and spring rains. •a Upon completion of the above-mentioned work,please contact the Conservation Department so that I may conduct a final site inspection. •� All work shall be completed within 3 days from the initial site meeting. Furthermore this Enforcement Order shall expire on Monday,November 20,2006. I I 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 fax 978.688.9542 Web www.http://www.townofnorthandover.com/conserveLhtm If the activities are not met by the imposed,or if the North Andover Conservation Commission (NACC) or the Department is not satisfied with any portion of the work that has been done,the NACC reserves the right to modify this amended Enforcement Order,which will result in levying a fine' of$100 per day from the date of this letter until the site is brought into compliance with the Enforcement Order. Should you have any question or comments regarding the contents of this letter,please do not hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Pamela A. Merrill Conservation Associate Cc: Curt Bellavance,AICP,Community Development Director Alison McKay,Conservation Administrator MA Department of Environmental Protection,NERO Wetlands Division ' North Andover Wetlands Protection Bylaw,Section 178.10,Enforcement,Investigations&Violations 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm 11 12m PVC raI 130 , O IL Pad Pea Stone tw pvc 14 ` a Olak • ✓• 109 ♦ ib' �y 2B Fie�d'stcne �' row Woir , 125 f l -7 JS„ c JI•` drub 111 Trr µms— Or 1J 114 , 1 Btiftar Iona Restoration Area 1180 S.F. f/— a 4• - i — -- - err►, 12 6— lr sr / 12f` f2 1' - � WatiQorrd RepGcotion/Restorotian Area - 3175 S•F. r• Originool wemand `._ i elineation °' f 1 f6 ` -C is 119 cc 0. Q. p, Ina cli ' ental Consultants Route 1 X983 887-8586 10/10/2006 13: 13 FAX 978 687 1567 ANDOVER PLASTIC SURGERY 12002/003 t i George P. Chatson, M.D. 127 Bridle Path North Andover,MA 01845 October 10, 2006 I Pamela A.Merrill Conservation Associate Town of North Andover Conservation Department Fax: 978-688-9542 Dear Pam: I Thanking you for meeting with me today regarding our drainage problem at our home. As we bad discussed,we have pooling of rainwater adjacent to our house in the backyard which leaks into our basement. This flooding is depicted on the pictures that we reviewed. Our contractors have suggested that we install a drainage pipe in crushed stone covered by loam and seed to collect the surface water. The output for this drainage pipe would be the existing pipe which runs toward the street. All the work would take place outside the walled-off reconstructed wetlands. i, The contractors would be RJR Construction(Lawrence)and AC Landscaping(Noah Andover). The work would take 2-3 days. Enclosed is a diagram showing the location of the proposed pipe installation. Please consider granting an enforcement order for this work. Thank you for your consideration. Sincerely, I George P. Chatson, M.D. 10/10/2006 13: 13 FAX 979 697 1567 ANDOVER PLASTIC SURGERY 0 001/003 I GEORGE P . CHATSON , M . D . ANDOVER PLASTIC SURGERY COSMETIC AND REC. ONSTRUCTTVE SURGERY PHONE : ( 978) 687 . 1151 PAX ; ( 978) 687 . 1567 www . dlrchatson . com FACSIMILE TRANSMITTAL SHEET 7�t MUM Pamela Merrill Geoxge P.Chatson M.D. t;l1MP,4N1' DATP.: Conservation Association 20/10/2006 FAX NUM111.It: TOTAL NO,OF PACES INt'1.l1DINCi COVI;R: 978-688-9542 3 PNONe SENDER'S RF.rral;N(Ai NUMBER: 978-688-9530 Illi: Dear Pam: Enclosed is a letter Dr.Chatson would like you to review. Please feel free to call his office with any questions. i Thank you, Cynthia L.Dias Patient Coordinator Tl1V'\katctistl cticlo.ckl wirh rhis facsimile trAn3miision it private and confidential and are the properry of the Render. The mfann-vinn in the marerial is priviluot and is inccndcd only for the use of the individual(s)ur entity"irs)named as recipient(>). If yon arc nor the intended recipimc,be advised that uny anauT11067ed disdoturc,Wpying,dtirnhurion en ncc take ig of any action on reliance on ncc cuutmits of Thii relecopy information iv directly prohibited and may Place you in violation of Pcdcrol or Srity Law. If you have rcccivcd this ficstmllc transmission in error,please notify ue by telephone at 978-687-1151 ro artattge tetra,►of the f6m tided inattzial to n+. III TURNPIKE RNPIKE STREET S , U UITE 52 NORTH ANDOVER, MA 01845