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HomeMy WebLinkAboutMiscellaneous - 127 OLYMPIC LANE 4/30/2018 (3) i `\ �. _� � _ 4 i i i Town of North Andover f NORTH OFFICE OF ��o�`z'10 COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street 0 q <a,......a. . North Andover, Massachusetts 01845 �9SsgA D c►+us�t�� WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 January 5, 1999 Siavash Mahalati Lot 30, #127 Olympic Lane North Andover, MA 01845 VIA CERTIFIED MAIL RE: Violation of the Massachusetts Wetlands Protection Act(M.G.L. C.131 S.40) and The Town of North Andover's Wetland Bylaw (C.178 of the Code of North Andover).. Dear Siavash: This department received a request for a Partial Certificate of Compliance (PCOC) for the above referenced property under DEP file #242-60. The item has been placed on the agenda before the North Andover Conservation Commission (NACC) this evening, and my recommendation will be to grant the PCOC. However, staff from this department visited the property on January 4, 1999 and discovered an "alteration" that warrants some restoration efforts. The subject"alteration" consists of the destruction of plant life, including mowing, and the cutting and removal of trees or shrubs (Section IL(2)(c) of the North Andover Wetland Regulations) within a Bordering Vegetated Wetland (BVW) and Bank to Boston Brook (which is also a perennial stream protected under the Rivers Protection Act). Any work that is proposed within 100' of a BVW is subject to a Request for Determination of Applicability (RDA) or Notice of Intent(NOD filing with the NACC (Sections V and VI of the North Andover Regulations). Please be aware that you are in violation of the Massachusetts Wetlands Protection Act and the North Andover Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. In addition, please restore this area by planting (8) 6-8' high red maples by no later than Tune 1, 1999. These obviously can not be planted until the springtime, and must be planted by this deadline. Failure to comply with the above mentioned will require your attendance at a public meeting before the NACC. This alteration is potentially subject to a$200/day fine (Section 178.10 (A) of the Town of North Andover's Wetlands Bylaw). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I Please refer to the attached Enforcement Order. Should you have any comments, questions, or concerns, feel free to contact me at(978)688-9530. Thank you for your anticipated cooperation. Sincerely, i� Richelle Martin Conservation Associate Cc: Michael D. Howard, Conservation Administrator North Andover Conservation Commission(NACC) members Dep-Nero File E MaSSd�fI KSDepaf7nlent of EnkmD omtal fttection DEP-File Number 9ureau ofResource Protection- Wetlands W_ _ _. . TPA-Fom 9A. Enforcement Ord P use only-- — Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and North Andove *Wetland Protection B law: ` Violation Information f his Enforcement Order is issued by: Extent and type of activity: n V g�2� Com rv"n Cormnission Qsming Authority) To: .. va g ` Nameofviol.ar Location of Violation: 127RiwAddress�m U 'Lrzn fie, n R-�h ¢�n d� ✓ h� o,ayS OrylToKn AssesuxsMap�iatt ParcelAot! Date of Issuance: :S 4 11 alp—U Date Findings The Issuing Authority has determined that the activity ❑ Other(specify): 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 Nunba Condition=Ws) l�las�cl�raettsQof Em►irnnm�ental:Protediorr• _ Bureau of Resource Proiecdon=Wetlan s WPA Form 9` EfnorcemenOiddr-- and North Andover Wetland Massachusetts Wetlands ProtectionAct.M G.L. c. 131, §40 Protection Bylaw: �.. Order The Issuing Authority hereby orders the following(check allThe property owner shall take the following action to that a ply): prevent further violations of the Act: i The property owner,his agents,permittees,and all Q others shall immediately cease and desist from the further ff activity affecting the Buffer Zone and/or wetland resource areas on this property. I Wetland alterations resulting from said activity shall be orrected 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 Failure to comply with this Order may constitute grounds has been held and an Order of'Conddions has been issued for additional legal action.Massachusetts General Laws to regulate said work. Chapter 131,Section 40 provides:"Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense." Appeals/Signatures An Enforcement Order issued by a conservation commission cannot be appealed to the Department of Environmental Signator Protection,but may be filed in Superior Court. n ` Questions regarding this Enforcement Order should be �,C• directed to: i W- 1530 Phone umber Houm6ys,mailable Issued by `ty . U Conservation Commission In a situation requiring immediate action,an Enforcement Order may be signed by a single member or agent of the Sig=-ofde6-fpewn orcemfled mail number II commission and ratified by a majority of the members at the I next scheduled meeting of the commission.