HomeMy WebLinkAboutMiscellaneous - 19 BLUEBERRY HILL LANE 4/30/2018 (2) f ! l
f
i
1PHC3Nr= CALL)
FOR--.i &i Vl- DATE 'f TIMEA.M.
�`'�'��
M `- $
OF Ur PHONECI
RETURNED
PHO. E - YOUR CALL
�3 AREA CODE NUMBE�t EXTENSION LEASE CALL
MESSAGE n��
WILL CALL
AAA
.:AGAIN
CAME TO
SEE YOU.
WANTS TO
SEE YOU
SIGNED TOPS FORM 4003
NCTES
. �1
P 406 914 807
gM Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to
Str nd
J
P tate d ZIP ode
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing ,.�
pt to Whom&Datepelif&6
Return Recgipt' o 1ng gWhom;.
r- Date,anc,P,yd s ddress-'_
TOTAL Po`ti a
Q &Fees 7-7
Postmarate +i
iL
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
ar
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier Ino extra charge). r )
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return
address of the article,date,detach and retain the receipt,and mail the article. m
r
3. If you want a return receipt,write the certified mail number and your name and address on a C
j return receipt card,Form 3811,and attach it to the front of the article by means of the gummed
ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number. C;0
00
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article. E
0
j5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If L-
I return receipt is requested,check the applicable blocks in item 1 of Form 3811. U)
} e.
6. Save this receipt and present it if you make inquiry. 105603-92-B-0226
r
TOWN OF NORTH ANDOVER
F NOTICE OF VIOLATION OF WETLAND BYLAW
JO i 4
-fCE-
" 115/O7
NAM zENDER
ADDRESS OF OFFENDER i /
IYY ev"
CITY,STATE.,ZIP CODE, - �JI 0 DATE OF BIRTH OF OFFENDER
NA
N
MV OPERATOR LICENSE NUMBER,� MV/MB REGISTRATION NUMBER
IY14
OFFENSE:
f -OBJ o7` � �e,
TIME AND DATE OF'A ION / y,
(A (P.M
.)ON � �'O/.fn 19
LOCATION OF VIOLATION
AT
SIGNATURE OF ENFORCINGPERSON ENFORCINNG//DEPARTMENT
-// . / /( /VK
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date Mailed
Citation mailed to offender
THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
( may elect to pay the above fine,either by appearing in person
bels :30 A.M.and 4:30 P.M.,Monday through Friday, legal holidays
exce before:The Conservation Office,Town Hall, 120 Main St., North
Andover,MA 01845 OR by mailing a check,money order or postal note to
the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE
OF THIS NOTICE.This will operate as a final disposition of the matter,with
no resulting criminal record.
(2)If you desire to contest this matter in a non-criminal proceeding,you
may do so by making a written request,and enclosing a copy of this citation
WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO:
The Clerk-Magistrate,Lawrence District Court
380 Common St.,Lawrence,MA 01840
ATTN:21 D non-criminal
(3)If you fail to pay the above fine or to appear as specified,a criminal
complaint may be issued against you.
❑ A.I HEREBY ELECT the first option above,confess to the offense
charged,and enclose payment in the amount of$
❑ B.I HEREBY REQUEST a non-criminal hearing on this matter.
Signature
WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY
PINK:POLICE COPY GOLD:COURT COPY
Town of North Andover !d 40RT11
OFFICE OF
O COMMUNITY DEVELOPMENT AND SERVICES . . p
146 Main Street
North Andover, Massachusetts 01845 9SSACHUSES
(508) 688-9533
December 11, 1995
Mr. and Mrs. Graff V1,
19-Blueberry Hill Road
North Andover, MA 01845
RE: VIOLATIONS of the Massachusetts Wetland Protection Act (310 CMR 10.00) and
North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Mr. and Mrs. Graff:
Visual inspection of the above referenced property on December 8, 1995 and December 11, 1995
revealed violations of the Massachusetts Wetland Protection Act and local wetland ByLaw. Any
activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a)
which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 SAO
and requires the filing of a Notice of Intent with the North Andover Conservation Commission
(NACC) and Massachusetts Department of Environmental Protection (DEP).
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02(1)(a) (hereinafter called the Buffer Zone)which is in the judgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 SAO is subject to regulation and also
requires the filing of a Request for Determination and/or Notice of Intent.
Violations documented on-site are as follows:
• Alteration of an unknown square footage of Bordering Vegetated Wetland (BVW) Buffer
Zone as defined under 310 CMR 10.55(2)(c)without a valid Order of Conditions from the
NACC.
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed:
• Cease and desist immediately from further alteration of the Buffer Zone;
• Erosion control on-site is installed improperly and the potential for off-site runoff and siltation
into downgradient wetland resource areas is real. Please add a complete row of staked
Ohaybales and re-trench existing silt fence (refer to the enclosed detail);
�I
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
• Promptly schedule a site inspection with this Department so that additional measures can be
implemented. I have no available phone listing and when site inspections have been
performed, no persons have been available.
Please refer to the enclosed Enforcement Order and Violation Notice for further information.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
cc: NACC
DEP-NERO
file
O
'f
O
310 CMR 10.99
Form 9 DEF Fite No. NSA
(To tie provided by OEP)
- —�� Gi Town North Andover, MA
Commonwealth y
–+ of MassachusettsAoo��ca�t Graff
7
419 Blueberry .Hill Road
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 31 SECTION 3.5
From North Andover Conservation Commission Issuing Authority
Mr. & Mrs. Graff
To
Date of Issuance December 12, 1995
Property lot/parcel number, address #19 Blueberry Hill Road
Extent and type of activity:
Alteration of an unknown square footage of bordering vegetated wetland (BVW)
Buffer Zone as defined under 310 CMR 10.55 (2) (c) without a valid Order of
Conditions from the North Andover Conservation Commission.
The North Andover Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L C. 131 , §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
.Lax Said activity has beeniis being conducted without a valid Order of Conditions.
G Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number 762– Condition number(s)
Other(specify) ,
i
QKh�-"x
e North Andover Conservation Commission hereby cyders the loilowinq:
The prooerty owner. his agents, permittees and all others shall immediately cease ane cesist Ircm further
activity affecting the wetland portion of this prooerty.
❑ Wettand alterations resulting from said activity shall be corrected and the site retumed to its original con-
dition.
i
9-1
a
issu?d by
North Andover Conservation Commission `
O reouired b� the Ac( and Rec_ ulat�ons Shall be Flea ,,mri tnt. •
XX$X Completed aool�catton forms and plans as
North Andover Conservation Commissi8Por belore 12/18/95 (date;
and no lurtner work shall be performed until a public nearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at: NACC Of f ice
XXXX The property owner shall take every reasonable step to prevent further violations of the act
XXX Other (specify) (refer to the enclosed correspondence)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
tar 1 31 . Section 40 provides:
Whoever violates any provisional this section shall be punished by a line 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 shalt constitute a separate offense.
0 stions regarding this Enforcement Order should be directed to: Michael D. Howard
Conservation Administrator •
Issued by North Andover Conservation Cam ission
Signature(s)
(Administrator)
P406 914 807
(Sionature of delivery oerson
or cerlilied mail number)
0
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
4DAT THIS.NOTICE
NAAENDER
.O/ R5 ./)A't/�/
ADDRESS OF OFFE(1NDER
l .Ii1V+fh(JLI
CITY,STATE,ZIP CODE ( - DATE OF BIRTH OF OFFENDER
MV OPERATOR LICENSE NUMBERMV/MB REGIBTRATION NUMBER
OFFENSE:
TIME AND DATE OF VIOLATION
(A.M.) (P.M.)ON 19
LOCATION OF VIOLATION
AT 11
SIGNATURE OF ENFORCING PERSON ENFORCING.DEPARTMENT
I HEREBY ACKNOWLEDGE RCCEIPT OF TIE FOREGOING CITATION
❑ Unable to obtain signature of offender. Date Mailed
❑ Citation mailed to offender r
THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 0—
YOU
—YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
(1( may elect to pay the above fine,either by appearing in person
en 8:3
betwe0 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall, 120 Main St., North
Andover,MA 01845 OR by mailing a check, money order or postal note to
the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE
OF THIS NOTICE.This will operate as a final disposition of the matter,with
no resulting criminal record.
(2)If you desire to contest this matter in a non-criminal proceeding,you
may do so by making a written request,and enclosing a copy of this citation
WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO:
The Clerk-Magistrate,Lawrence District Court
380 Common St.,Lawrence,MA 01840
ATTN:21D non-criminal
(3)If you fail to pay the above fine or to appear as specified,a criminal
complaint may be issued against you.
❑ A.I HEREBY ELECT the first option above,confess to the offense
charged,and enclose payment in the amount of$
❑ B.I HEREBY REQUEST a non-criminal hearing on this matter.
Signature
WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY
PINK:POLICE COPY GOLD:COURT COPY
310 CMR 10.99 DFP File No. 242-
o be rovided by DEP)
Form 9 � P
Cjtyfro. NORTH ANDOVER
Applicant Mr. & Mrc 1)-i _Marshall
commonwealth
of !(assachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From NORTH ANDOVER CONSERVATION COMMTSSTON (NACC) issuing Authority
To
Date of Issuance January 9 ,
Property lot/parcel number, address 19 Blueberry Hi 1 1 r ar,ol No rra^-- - -, MA 018
Extent and type of activity: Alteration of the Buffer Zone of a Bordering
Vegetated Wetland as defined under 310 CMR 10 . 55 (2)_ (c) of Massachusetts
Wetlands Protection Act and protected under the North Andover Wetlands
BBylaw (Chapter 178 of the Code of No. Andover) ; Stockpiling and or
ThetqMa(�ion within 10Vas0&eArAYAd that the activity described
above is in violation of the wetlands Protection Act, G.L. C. 131, 540, and
the Regulations promulgated pursuant thereto, 310 CMR 10.00, because:
said activity has been/is being conducted without a valid order of
Conditions.
C] said activity has been/is being conducted in violation of an order of
Conditions issued to dated
File number 242- Condition number(s)
M other (specify) The twenty-five foot (251 ) No-Disturbance Zone as define(
and protected under the North Andover Wetlands Bylaw has been
altered.
The NORTH ANDOVER CONSERVATION COMM. hereby orders the following:
Thep pert his agents, permittees and all others shall
property g Y owner,
immediately cease and desist from further activity affecting the wetland
portion of this property.
Wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/89 9-1
/P . Issued by NORTH ANDOVER CONSERVATION Commission
y
0 completed application forms and plans as required by the Act and
Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION
(date) ,
on or before
and no further work shall be performed until a public hearing has been held
and an order of conditions has been issued
ss edffoo reHgulatesTown Annex
work.
Application forms are available ats
The property owner shall take every reasonable step to prevent further
violations of the act.
other (specify) Contact the Conservation Department immediately and
schedule a site inspection no later than noon on January 12, 1996 .
Failure to comply with this order may constitute grounds for legal action,
Massachusetts 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 not more than two years or both. Each day or `
portion thereof of continuing violation shall constitute a separate
offense.
Questions regarding this Enforcement order should be directed to
Michael D,. Howard
issued by NORTH ANDOVER CONSERVATION COMMISS
signature(s) ./'/ ') z
v-/ /
(Administrator)
(signature of delivery person
or certified mail number)
9-2b
January 2, 1996
North Andover Conservation Commission
Mr. Michael Howard
Natural Resource/Land Use Planner
146 Main Street
North Andover, Massachusetts 01845
Re: Letter Dated January 2, 1996- Violations of MA Wetland Protection Act
Dear Mr. Howard:
This letter is in response to your Final Notice of wetland violations hand-delivered to our
mailbox today. You made note to certified mail sent to our residence on December 12,
1995 and to two (2) descriptive messages left on our answering machine emphasizing the
importance of this matter. My wife and I never received this correspondence. I can
assure you we also did not sign for the correspondent due to the fact h i
Y that t was addressed
g P
to Mr. and Mrs. Graff.
My name is David W. Marshall and my wife's name is Lisa. We moved into the en Q/
of 19 Blueberry Hill Lane on October 14, 1994. Our phone number is 508 68
believe if you check ec our records you will find that you were leaving Y Y , Y y e e ea ng these mes with
Mrs. Jeanne Graff who moved up the street to 94 BlueberryHill Lane after we purchased
her e home.
With these facts in mind, we hope that you will consider this our first notification of
violation of the wetland codes you referenced in today's letter.
In order to rectify this situation, we will call you this week to confirm the steps that need
to be taken. We hope to be given ample time to implement these changes you require.
Sincerely,
44
Mr. and Mrs. David W. Marshall
19 Blueberry Hill Lane
North Andover, MA 01845
(508) 682-8596
Mr. &Mrs.David W. Marshall
19 Blueberry Hill Lane 57
North Andover,MA 01845
P 573 484 225 x
North Andover Conservation Commission
Attn: Michael Howard
Natural Resource/Land Use Planner
146 Main Street " ' "
North Andover, MA 01845 �.. -
3ii,i
�I
i
I
I
F R
4
Town of North Andover ,ORTN
OFFICE OF 320y 1�OL
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street ` r 9
North Andover,Massachusetts 01845 9ss4
cmus��
(508)688-9533
I �
January 2, 1996 Del(`
Mr. and Mrs. Graff
1�9 Blileberry Hill Road
North Andover,MA 01845
RE: FINAL NOTICE - VIOLATIONS of the Massachusetts Wetland Protection Act
(310 CMR 10.00) and North Andover Wetland ByLaw (Ch. 178 of the Code of
North Andover).
Dear Mr. and Mrs. Graff.
Visual inspection of the above referenced property on December 8, 1995, December 11, 1995 and
December 29 1995 revealed violations of the Massachusetts Wetland Protection Act and North
Andover Wetland ByLaw. Documentation was forwarded to the residence listed above return
Oreceipt/certified mail dated 12/12/95. In addition, two (2) phone calls have been placed with
descriptive messages emphasizing the importance of this matter. To date theses requests have
gone unanswered. This is the FINAL NOTICE mandatingcompliance p e wi th the enclosed
Enforcement Order. Failure to comply will result in the issuance of fines and/or additional
penalties.
An activity r
Any vy p oposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a)
which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40
and requires the filing of a Notice of Intent with the North Andover Conservation Commission
(NACC) and Massachusetts Department of Environmental Protection (DEP).
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02(1)(a) (hereinafter called the Buffer Zone)which is in the judgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 SAO is subject to regulation and also
requires the filing of a Request for Determination and/or Notice of Intent.
Violations documented and photographed on-site are as follows:
• Alteration of an unknown square footage of Bordering Vegetated Wetland (BVW) Buffer
Zone as defined under 310 CMR 10.55(2)(c)without a valid Order of Conditions from the
NACC and protected under the North Andover Wetland ByLaw.
O
BOARD OF APPEALS 688-9541 BUILDING 683-9345 CONSERVATION 688-9330 HEALTH 688-9340 PLANNING 688-9335
Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
i
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed:
• Cease and desist immediately from further alteration of the Buffer Zone;
• Erosion control on-site is installed improperly and the potential for off-site runoff and siltation
into downgradient wetland resource areas is real. Please add a complete row of staked
haybales and re-trench existing silt fence (refer to the enclosed detail);
• Promptly schedule a site inspection with this Department so that additional measures can be
implemented.
Please refer to the enclosed Enforcement Order and Violation Notice for further information.
Sincerely,
011
Michael D. Howard
Natural Resource/Land Use Planner
cc: NACC
ODEP-NERO
file
O
- � _.� .-r- -_..__S� _ _.C� �' --•.fir"-. - _ _ _ _ _ �. _ _-_ �_ -_ _ .1.w �.y ..a '�-[' -._.
171 � •Ali. w
Town of North Andover c z
OFFICE OF '/ '� `H�•-�COMMUNITY DEVELOPMENT AND SERVICES MA.1
146 Main Street a North Andover,Massachusetts 01845
6L
Mr. & Mrs. Graff
1-*,T Blueberry Hill Road
No Andover MA 01845
_ .. - till _ ,».
d
SENDER: 1
a I also wish to receive the
• Complete items 1 and/or 2 for additional services. � 1, I
m • Complete items 3,and 4a&b. following services (for an extra V
I ` • Print your name and address on the reverse of this form so that we can fee): i
> return this card to you.
tD • Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Address y !
L does not permit. +'
f m • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery a
L y
• The Return Receipt will show to whom the article was delivered and the date
delivered. Consult postmaster for fee.
c
3. Article Addressed to: 4a. Article Number
C.0 9"•. 9
�_J 1
E ��/ �S - 4b. Service Type
c % z ❑ Registered El Insured
Z
f/iXCertified ❑ CODCa /Cal K �7 EJ Express Mail ❑ Return Receipt for :3! WMerchandiseix c
Lai 7. Date of Delivery "-
Z8. Addressee's Address(Only if requestnd r
Signature)A res
Y and fee is paid) R
�•: Ir
Signature egent) t,
°�~ DOMESTIC RETURN RECEIPT
Form 381 Qecempft, 91 *U.S.GPO:1g93-352-714
TOWN OF NORTH ANDOVER
- NOTICE OF VIOLATION OF WETLAND BYLAW
00104
DATE O T
NAME 9F OFFENDER
R Wlb 6 > ^
ADDRESS OF QFFENQER
19 &d6e✓
CITY,STATE IP CODE + A D DATE OF BIRTH OF OFFENDER
� Aft" �SkN,
MV OPERATOR CENSE NUMBER MV/MB REGISTRATION NUMBER
OFFENSE:
TIME AND DATE OF VIO ION
I, }° (A .) (P.M.)ON 5 19
AT 4 /�E vlo�no r/
SIGNAT
:70PE7 ENFORC jVARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREEGGO((((ING CITATION
X
❑ Unable to obtain signature of offender. Date Mailed
Qf Citation mailed to offender
THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
(1)You may elect to pay the above fine,either by appearing in person
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall, 120 Main St., North
Andover,MA 01845 OR by mailing a check,money order or postal note to
the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE
OF THIS NOTICE.This will operate as a final disposition of the matter,with
Town of North Andover * �►ORTH
OFFICE OF 3a°tt. o 0
COMMUNITY DEVELOPMENT AND,SERVICES n p
146 Main Street
North Andover,Massachusetts 01845 SSACHUSE
'(508)688=9533. t
December 11, 1995
Mr. and Mrs. Graff
19 Blueberry Hill Road
North Andover, MA 01845
RE: VIOLATIONS of the Massachusetts Wetland Protection Act (310 CMR 10.00) and
North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Mr. and Mrs. Graff:
Visual inspection of the above referenced property on December 8, 1995 and December 11, 1995
revealed violations of the Massachusetts Wetland Protection Act and local wetland ByLaw. Any
activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a)
which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 SAO
and requires the filing of a Notice of Intent with the North Andover Conservation Commission
(NACC) and Massachusetts Department of Environmental Protection(DEP).
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02(1)(a) (hereinafter called the Buffer Zone)which is in the judgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 SAO is subject to regulation and also
requires the filing of a Request for Determination and/or Notice of Intent.
Violations documented on-site are as follows:
• Alteration of an unknown square footage of Bordering Vegetated Wetland (BVW)Buffer
Zone as defined under 310 CMR 10.55(2)(c)without a valid Order of Conditions from the
NACC.
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed:
• Cease and desist immediately from further alteration of the Buffer Zone;
• Erosion control on-site is.installed improperly and the potential for off site rurioffand siltation.
into downgradient wetland resource areas is real. Please add a complete row of staked
haybales and re-trench existing silt fence(refer to the enclosed detail);
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell
r
• Promptly schedule a site inspection with this Department so that additional measures can be
implemented. I have no available phone listing and when site inspections have been
performed, no persons have been available.
Please refer to the enclosed Enforcement Order and Violation Notice for further information.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
cc: NACC
DEP-NERD
file
�I
310 CMR 10.99 –
Form 9 DEP File No. N/A
(To be provided by DEP)
—' North Andover, MA
Commonwealth City Town
` i of Massachusetts Graff
aooiicant
7
#19 Blueberry .Hill Road
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From North Andover Conservation Commission Issuing Authority
Mr. & Mrs. Graff
To
Date of Issuance December 12, 1995
Property lot/parcel number, address #19 Blueberry Hill Road
Extent and type of activity:
Alteration of an unknown square footage of bordering vegetated wetland (BVW)
Buffer Zone as- defined under 310 CMR 10.55 (2) (c) without a valid Order of
Conditions from the North .Andover Conservation Eommisai•on.-)
The North Andover Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. C. 131 , §40. and the Regulations promulgated pur-
suant thereto 310 C.MR 10.00, because:
E2x Said activity has beemis being conducted without a valid Order of Conditions.
G Said activity has been/is being conducted in violation of an Order of Conditions issued to .
. dated
File number 262— Condition number(s)
Other(specify) ,
The North Andover Conservation Commission hereby orders the following:
:3x The property owner, his agents. permittees and all others shall immediately cease ano cesist Irem further
activity affecting the wetland portion of this property.
0 Wetland alterations resulting from said activity shall be corrected and the site retumed to its original con-
dition.
I
9.1
R
Issued by
North Andover Conservation Commission i
XX$X Completed aoolication lorms,and plans as required b\. the Act and Reeulalions shall be Fled with Inc-
North Andover, Conservation Commissi-Vorbefore -12/18/95 (oafei ,
and no lurtner work shall beyperiormed until a public nearing has been held and an Order°of Conditions
has been issued to regulate said work. Application forms are available at:' NACC Of f ice
XXXX The property owner shall take every reasonable step to prevent further violations of the act
XX)a Other (specify) (refer to the enclosed correspondence)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chao-
ter 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 no; more than two years or both
Each day or portion thereof of continuing violation shall constitute a separate otiense.
Questions regarding this Enforcement Order should be directed to: Michael D. Howard
Conservation Administrator
Issuedby North Andover Conservation Com ission
Signature(s) """
(Administrator)
P406 914 807
(Sionature of delivery Derson
or certified mail number)
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street• North Andover,Massachusetts 01845
l
r ��
✓,,,rppp,,, /c/,,/ �� �t�r/t vet ��,���
':�._ is ti �'• \_ —
Iva,
rr. n
{
iii
tO
g
/� • ill' / .. � , .
!-i, ry
r �s
� ��
��
5
��
'�
��
-:w�„ f
�,�
s.. +
i1
v
�•'�: �,
liz�� •f.� �-� .
. t
.`t
%� ,�4'
#-,. ,�..
,*y} AA• y'
F�i''L� •�'µ
l'�.'iR�
�� �.
k�.
*.
�t� ._
V9
�),f�klo`
of
A9%2
-f Rv,'
+UV l•� W� 1
L
Cj
a Town of North Andover
NORTF/
OFFICE OF Of
COMMUNITY DEVELOPMENT AND SERVICES �0? A
4,
146 Main Street ° • •
North Andover, Massachusetts 01845 �4Ss'�CHUS
(508) 688-9533
January 2, 1996
Mr. and Mrs. Graff
19 Blueberry Hill Road
North Andover, MA 01845
RE: FINAL NOTICE - VIOLATIONS of the Massachusetts Wetland Protection Act
(310 CMR 10.00) and North Andover Wetland ByLaw (Ch. 178 of the Code of
North Andover).
Dear Mr. and Mrs. Graff.
Visual inspection of the above referenced property on December 8, 1995, December 11, 1995 and
December 29, 1995 revealed violations of the Massachusetts Wetland Protection Act and North
Andover Wetland ByLaw. Documentation was forwarded to the residence listed above return
receipt/certified mail dated 1.2/12,195. In addition, two (2) phone calls have been placed with
descriptive messages emphasizing the importance of this matter. To date theses requests have
gone unanswered. This is the FINAL NOTICE mandating compliance with the enclosed
Enforcement Order. Failure to comply will result in the issuance offines and/or additional
penalties.
Any activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a)
which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40
and requires the filing of a Notice of Intent with the North Andover Conservation Commission
(NACC) and Massachusetts Department of Environmental Protection (DEP).
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02(1)(a) (hereinafter called the Buffer Zone) which is in thejudgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also
requires the filing of a Request for Determination and/or Notice of Intent.
Violations documented and photographed on-site are as follows:
• Alteration of an unknown square footage of Bordering Vegetated Wetland (B VW) Buffer
Zone as defined under 310 CMR 10.55(2)(c) without a valid Order of Conditions from the
NACC and protected under the North Andover Wetland ByLaw.
i
I
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicetta &Echari Howard Sandra Stan
_ Kalfileea Bradley Colwell
I
j
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed:
• Cease and desist immediately from further alteration of the Buffer Zone;
• Erosion control on-site is installed improperly and the potential for off-site runoff and siltation
into downgradient wetland resource areas is real. Please add a complete row of staked
haybales and re-trench existing silt fence (refer to the enclosed detail);
• Promptly schedule a site inspection with this Department so that additional measures can be
implemented.
Please refer to the enclosed Enforcement Order and Violation Notice for further information.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
cc: NACC
BEP-NERO
file
NORTH ANDOVER CONSERVATION COMMISSION
NORTH ANDOVER TOWN HALL
120 MAIN STREET
NORTH ANDOVER MA 01845