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Cissel
Streelind No.
21 Chestnut Street
P.O., Slate and ZIP Code
No. Andover MA 01845
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04-09-96
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FORM 4UU2,�
TOWN OF NORTH ANDOVER*
NOTICE OF VIOLATION OF WETLARD BYLAW
TIME AND DATE OF VIOILATION / . . I I
((A.M.), (,PM.) ON 1 19
LOCAIJON OF VIOLATION
AT
SIGNATURE OF ENFORCING PEI:" ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
F1 Unable to obtain signature of offender. Date Mailed
ZCitation mailed to offender
E 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
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:POLICECOPY GOLD:COURTCOPY
DIATE OF THIS NOTICE
NAME OF OFFENDER
ADDRESS OF OFFENDER
.$_ � I, , ( ,
"_ � I L
CITY. STATE ZIP CODE
DATE OF BIRTH OF OFFENDER
TIME AND DATE OF VIOILATION / . . I I
((A.M.), (,PM.) ON 1 19
LOCAIJON OF VIOLATION
AT
SIGNATURE OF ENFORCING PEI:" ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
F1 Unable to obtain signature of offender. Date Mailed
ZCitation mailed to offender
E 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
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:POLICECOPY GOLD:COURTCOPY
Town of North Andover
OFFICE OF
,. COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
April 8, 1996
Mr. and Mrs. Paul Cissel
212 Chestnut Street
North Andover, MA 01845
RE: VIOLATION of the Massachusetts Wetland Protection Act (310 CMR 10.00)
and the North Andover Wetland ByLaw (Ch. 178 of the Code of North
Andover).
Dear Mr. and Mrs. Cissel:
Visual inspection of the above referenced property on April 5, 1996 and April 8, 1996
revealed violations of the Massachusetts Wetland Protection Act and local Wetland
ByLaw. Any activity proposed or undertaken within an area specified in the Act (310
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 in the judgment 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 on-site are as follows:
• Alteration of a Bordering Vegetated Wetland (BVW) as defined under 310 CMR
10.55(2)(c) without a valid Order of Conditions from the NACC. Specifically, the
alteration consists of tree and shrub clearing (approximately twelve stumps of
varying sizes were observed);
Under the local ByLaw a violation of this magnitude is subject to a $50.00 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 nor am I requiring that
the wetland be restored, however, the following conditions shall be imposed:
• Cease and desist immediately from further alteration of this wetland resource area;
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
v
l
Please refer to the enclosed Enforcement Order and Violation Notice for further
information.
Sincerely,
U
Michael D. Howard
Natural Resource/Land Use Planner
encl.
cc: NACC
DEP-NERO
file