HomeMy WebLinkAboutMiscellaneous - 22-24 MAIN STREET 4/30/2018f --
David Giangrande,M.S.,P.E. Transportation
President Civil Engineering
Land Surveying
Planning
DESIGN
CONSULTANTS, INC.
617-776-3350,
617-776-7710,Fax 265 MEDFORD STREET
dgiangrande@designconsultants.org SOMERVI LLE,MA 02143
Town of North Andover N°R=M ,
SUKC, ti
Office of the Conservation Department }
Community Development and Services Division « -
b S
27 Charles Street �Ss�cHusEt
Julie Parrino North Andover,Massachusetts 01845 Telephone(978)688-9530
Conservation Administrator Fax(978)688-9542
May 20, 2002
Sutton Redevelopment LLC
P.O. Box 486
North Andover, MA 01845
Att: Albert Manzi, III
RE: ENFORCEMENT ORDER: 22-24,28-30 Main Street,Violation of the Massachusetts
Wetland Protection Act(MGL c.131 s.40) and North Andover Wetland Protection ByLaw
(c.178 of the Code of North Andover).
Dear Mr. Manzi:
Upon a receipt of a complaint received by this Department, an inspection was conducted by the
Conservation Department on the subject property to determine if activities were being
conducted within an area subject to jurisdiction under the Wetlands Protection Act and North
Andover Wetland Protection Bylaw. Review of the site revealed that potential clearing
activities were conducted within the buffer zone of bordering vegetated wetland associated
with Sutton Pond. The identified wetland resource area located off your property is subject to
jurisdiction under the Massachusetts Wetland Protection Act (the"Act') M.G.L. c.130, s.40 and
the North Andover Wetland Protection Bylaw (the `Bylaw") Section 178. Specific wetland
resource areas affected by the cutting and clearing activities include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC)Regulations Section I.C.);
• 25-Foot No Disturbance Zone(NACC Bylaw Section III.D.); and
• 100-foot Buffer Zone(NACC Bylaw Section III.D.).
At our site meeting on the subject property, you discussed the extent of clearing activities.
Trees were cleared in area you believed was outside the 25' No-Disturbance Zone. Your intent
was to clean up the area that had been used for dumping activities for many years. The banks
of the pond displayed historic alteration as evident by an abandoned railroad easement. In
addition, a significant amount of old debris was identified.along.the banks.of.the.pond.
ORDER:
Acting as an Agent of the Commission under MGL C.40,S.21D and the Act(310 CMR 10.08(3)),
enclosed please find an Enforcement Order mandating the restoration of cleared areas within
the 25 foot No-Disturbance Zone (if identified). In addition, you have agreed to remove the
debris, placed by others, along the banks of the pond. Upon completion of the clean-up
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
activities, a vegetation restoration plan must be submitted to this Department for review and
approval. Re-vegetation of disturbed areas in the No-Disturbance Zone is required, in addition
to enhancement plantings along the banks of the pond and plantings along the rear property
line.
The property owner shall submit a Resource Area Restoration Report thirty days following the
clean-up activities along the banks of Sutton Pond. The Resource Area Restoration Report shall
address all wetland resource areas and buffer zones that have been altered by the activities
described above. This report and plans must be reviewed and approved by this Department.
At a minimum, the following actions must be taken
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 100-feet of the clearing
activities delineated by a qualified wetland biologist. This field delineation shall be
reviewed and approved by the Conservation Administrator .prior .to restoration
activities.
2. Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration including the sequence of work, resource area plantings strategy,
anticipated future construction and landscaping activities, current and future
sedimentation/erosion control measures and site stabilization measures. The report
shall address all impacts to the wetland resource areas protected by the Act and Bylaw
as well as the proposed mitigation measures in detail.
Upon final approval of the Resource Area Restoration Report by this Department the property
owner shall be allowed to proceed with restoration activities under the direction of an
Enforcement Order. A final completion date for all restoration work will be set after this
Department has reviewed and accepted the Resource Area Restoration Report.
The violations as documented herein are subject to a $300 per day penaltyl until such time as
the impacted resource areas have been mitigated. Each day or portion thereof during which
this violation continues shall constitute a separate offense. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such action in the future should this Enforcement Order not be complied with.
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per
day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the
North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and
the imposition of criminal fines, also per day. This Enforcement Order shall become effective
upon receipt.
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover
Wetland Protection ByLaw(REV May 1993/REV October 1998)
3
Clean-up activities along the slope must be completed within 30 days from receipt of this
Enforcement Order. Prior to clean-up activities, the Conservation Department must be notified
of the time and date activities will be conducted.
Your anticipated cooperation is appreciated.
Sincer
juh arrino
Conservation Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
' Massachusetts Department of Environmental Protection
-- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A - Enforcement,Order
Massachusetts Wetlands Protection Act M,G.L. c: 131, §40 P aea by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover
computer, use May 20, 2002
only the tab Conservation Commission(Issuing Authority). Date
key to move To:
your cursor-
do not use the Sutton Redevelopment LLC
return key. Name of violator
P.O. Box 486, North Andover, MA 01845
Address
1. Location of Violation:
Property Owner(if different)
22-24, 28-30 Main Street
Street Address
North Andover 01845
City/Town Zip Code
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Clearing activities in the buffer zone to bordering vegetated wetland without a permit from
the North Andover Conservation Commission.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act (M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because:
0 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
wpaform9a.doc•rev.12/15/00
Page 1 of 3
Massachusetts Department of Environmental Protection
�-
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A — Enforcement Order
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c: 131, §40
File Number Condition number(s)
B. Findings (cont.)
❑ Other(specify):
See Attached Cover Letter
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 the further activity affecting the Buffer.Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected 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 has been heli and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
See Attached Cover Letter
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.
wpaform9a.doc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File n,,,�►ner
L11 WPA Form 9A - Enforcement- Order
Provided Massachusetts Wetlands Protection Act W C5.L. c. 131, §40 DEP
D. Appecils/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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday- Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission an ified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Signature of delivery person or certified mail number
wpaform9a.doc-rev.12/15/00 Page 3 of 3
MEMORANDUM DCI JOB#
TO: Lincoln Daley
FROM: Ryan Boucher
SUBJECT: 22-24 Main Street, North Andover—TRC Review
DATE: October 10, 2006
Mr. Daley,
Design Consultants,Inc. (DCI), on behalf of our Client, Michael Phillips, submit the
attached plans for 22-24 Main Street,North Andover to the Technical Review
Committee.
The proposed development of the site at 22-24 Main Street includes the construction of
forty-five residential units and commercial space. Sufficient parking is proposed through
outdoor and garage parking. Vehicular access to the site will be provided by a new curb
cut on Main Street. Sidewalks are proposed to promote pedestrian traffic to the nearby
downtown area. Usable open space will be provided, as required.
Part of the subject site is in the General Business(GB) Zoning District, and the remainder
is in the Industrial S (IS)Zoning District. The site is also in the Planned Development
Overlay District, allowing for a mixed-use development.
We look forward to meeting with you at the upcoming TRC Meeting on Thursday,
October 12, 2006.
Sincerely,
Ryan Boucher X f
Project Engineer
fL
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LOCUS MAP i ~ rn U5A5E t
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PLAN REFERENCE !! O i. +
"ANR SUBDIVISION PLAN,"PREPARED BY MARCHIONDA&ASSOCIATES, ...... ....... ... ...
DATED JULY 7,2005,PLAN NO. 15118, RECORDED JULY 8, 2005, 1 USABLE SUTTON POND
REGISTRY OF DEEDS NORTHERN DISTRICT OF ESSEX SS. U OPEN
"PLAN OF LAND."PREPARED BY SCOTT L. GILES&FRANK S. GILES m SPACE -+I'> I ` Z �j ,'./252
SURVEYING,DATED APRIL 16, 2001. d N (( 9 1L +" " -
PROPERTY LINES AND EXISTING STRUCTURES SHOWN ON THIS PLAN ARE ( 't PR P05D 45-UNI
NOT CALCULATED. THEY ARE DRAFTED USING THE ABOVE MENTIONED ,....... !.r ......' /7 5TbkY,5UILDIN
PLANS AND ARE APPROXIMATE ONLY. I m ( v V (4K000:,68055 5f)
...._} SIDEWALK p j
V APPROXLUATE PROPERTY LINE CJ +�� / s'.s r"d\ rENHANCED BUFFER f
m MOUNDED PARKING Y �—290�T .,t
p a SCREENING
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ZONING TABLE Y �•
ITEM REQ'D/ALLOWED PROPOSED I J 1 ++ ii �'„ `U✓ABLE REMOVE ASPHALT AND
( ^ S PLANT WITH IND OU5.
1 •<:�: ;:, ( ,I OPEN\5 PACE IGEN
PDD- PLANNED PLANT SPECIES
ZONE DEVELOPMENT DISTRICT N/A / (r0 REMAIN)
V
MIN. LOT SIZE 60,000 S.F. 48,000 S.F. VX�JJJ1 111LLL LL,C./��JJ1 17C11 L) GUEST PARKIN,+• '
MAX. D.U.DENSITY N/A N/A I I\
1 LANDSCAPE 18.0 � \.+ •,,,. ` ..
AREA(TYP)
MAX. LOT COVERAGE 358 25% i ' +� -
FLOOR AREA RATIO 0.50:1 1:1
APPROXIMArt PROPERNLINE�+�
MAX. HEIGHT 55 FEET 55 FEET `+
COVERED PARKING PROVIDE WOOD BUFFER
MIN. FRONT YARD 30 FEET 30 FEET
FENCING +, � •
MIN.SIDE YARD 20 FEET 20 FEET ! '
MIN. REAR YARD 30 FEET 50 FEET
MIN. FRONTAGE x.150-FEE-T -x,115 FEET
,-7U-SABLE OPEN SPACE 20% 20S
I U
LIST OF REQUESTED WAIVERS t
a; WAIVER REO'D/ALLOWED PROPOSED
a
FRONTAGE125 FEET(GB DISTRICT) 115 FEET
SITE SIZE 60,000 SF 48,0003 SF'
r FLOOR AREA RATIO 0.50:1 1:1
LOCUS TITLE INFORMATION
i
'LOT SIZE APPROXIMATE. PROPERTY SURVEY REQUIRED. OWNER: SUTTON REDEVELOPMENT,LLC
w DEED REFERENCE: 8K. 06249 PG. 0218
z
Z 2.76 Planned Development District 7 77 Atte=_=_ory Use or Structure PLAN REFERENCE: PARCEL ID: 210/028.0-00122-0000.0
1. Planned Development District - A Planned Development District shall mean development of an area A use or structure subordinate to the principal use of a building on the some lot and serving a purpose
of land as o single entity, which lies in on Industrial-S(I-S)District, in which a mixture of residential, customarily incidental to the use the principal building. ADDRESS: ?PLAN 7185 of 19971
3 open space,commercial,and/or industrial uses,and a variety of building types and designs are
j determined to be sufficienll advantageous to render it appropriate 727 Buildin H ht loon/Ol ASSESSORS: 22-24 MAIN STREET
y 9 p D is to grout a Special Permit to depart G 9 (as
from the normal requirements of the district in which the POD is to be located, to the extent The vertical distance as measured from the average finished erode level adjoining the building all exterior
authorized by this Zoning Bylaw. walls to the highest root surface, but shall not include chimneys,spires or mechanical equipment,or
a penthouses used far enclosures of mechanical equipment. ZONING INFORMATION
GRAPHIC SCALE 2. Usable Open Sooce- The part or ports of land or structure within the PDD which are reserved for DISTRICT GB/IS- GENERAL BUSINESS/INDUSTRIAL S
active or passive recreation use. This space sholl exclude parking areas, driveways, and walkways 2,38.3 Floor Area Rotio(1989/32) PDD-PLANNED DEVELOPMENT OVERLAY DISTRICT
` and open areas in commercial ureas such as cafes and shall be open and unobstructed to the sky. The ratio of the Floor area to the lot area,as determined by dividing the gross floor area by the lot ore..
Trees,plantings, arbors, fences, sculpture, fountains,swimming pools,open-air recreational facilities,
ry
laundapparatus and similar objects shall not be considered obstructions. PARKING ANALYSIS
vi 7 5 Lot Coveroae
IN PEEP) Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the PER CODE 90 SPACES(2 PER UNIT)
t Inch- 20 1L lot covered by principal and accessory structures. PROVIDED 90 SPACES
SPACE SIZE 9 FEET BY 18 FEET
AISLE WIDTH 25 FEET
Copyright 2006 Design Consultants, Inc.
o r PROJECT N0.
Design Consultants, Inc. J DESIGNED: DG CONCEPT PLAN SCALE: 22-24 MAIN STREET 2006-XXX
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DRAFTED: RB
Consulting Engineers and Surveyors � HORIZ: 1"=20' DATE: 10/02/2006
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admstration of the NEIP dated June 2.1993 as Zone A.4AE,AH,AO,A99,and the FEMA Flood Boundary R Floodway Map dated June 2,1993,both
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year regulatory Doodplain.The exact boundaries of the Distnct may be defined by the 100-year base flood evaluations shown on the FIRM �" ,• s�'a°` y;
a and further def ned by the Flood Insurance study booklet dated June 2,1993.The FIRM.Floodway Maps and Flood Insurance 5tudy booklet are incorporated
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p3 BA5E FLOOD ELEVATION AND FLOODWAY DATA .-- 1-u• - .� '
= LOCAL POINTS O F INTEREST a.Floodway Data In Zone A,AH,A99 and AE,along watercourses that have not had a regulatory floodway des gnated,the best ave table Federal.State,tical or
N other floodway data as detenn ned by the Bu Idmg Inspector,in coroultaGon vnth the D rector of the Dvlson of Public Works,shall be used to prohibit SITE AERIAL (WEST)
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NORTH ANDOVER, MA 01845
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Town of North Andover
O� tic.saR.
Office of the Conservation Department
Community Development and Services Division
27 Charles Street �Ss�caus�
Julie Parrino North Andover, Massachusetts 01845 Telephone(978)688-9530
Conservation Administrator Fax(978)688-9542
May 20, 2002
Sutton Redevelopment LLC
P.O. Box 486
North Andover, MA 01845
Aft: Albert Manzi, III
RE: ENFORCEMENT ORDER: 22-24,28-30 Main Street,Violation of the Massachusetts
Wetland Protection Act(MGL c.131 s.40) and North Andover Wetland Protection ByLaw
(c.178 of the Code.of North Andover).
Dear Mr. Manzi:
Upon a receipt of a complaint received by this Department, an inspection was conducted by the
Conservation Department on the subject property to determine if activities were being
conducted within an area subject to jurisdiction under the Wetlands Protection Act and North
Andover Wetland Protection Bylaw. Review of the site revealed that potential clearing
activities were conducted within the buffer zone of bordering vegetated wetland associated
with Sutton Pond. The identified wetland resource area located off your property is subject to
jurisdiction under the Massachusetts Wetland Protection Act(the"Act') M.G.L. c.130, s.40 and
the North Andover Wetland Protection Bylaw (the 'Bylaw") Section 178. Specific wetland
resource areas affected by the cutting and clearing activities include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission(NACC)Regulations Section I.C.);
• 25-Foot No Disturbance Zone(NACC Bylaw Section III.D.); and
• 100-foot Buffer Zone (NACC Bylaw Section III.D.).
At our site meeting on the subject property, you discussed the extent of clearing activities.
Trees were cleared in area you believed was outside the 25' No-Disturbance Zone. Your intent
was to clean up the area that had been used for dumping activities for many years. The banks
of the pond displayed historic alteration as evident by an abandoned railroad easement. In
addition, a significant amount of old debris was identifiedalong the banks of the.pond.
ORDER:
Acting as an Agent of the Commission under MGL C.40,S.211)and the Act(310 CMR 10.08(3)),
enclosed please find an Enforcement Order mandating the restoration of cleared areas within
the 25 foot No-Disturbance Zone (if identified). In addition, you have agreed to remove the
debris, placed by others, along the banks of the pond. Upon completion of the clean-up
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
x
2
activities, a vegetation restoration plan must be submitted to this Department for review and
approval. Re-vegetation of disturbed areas in the No-Disturbance Zone is required, in addition
to enhancement plantings along the banks of the pond and plantings along the rear property
line.
The property owner shall submit a Resource Area Restoration Report thirty days following the
clean-up activities along the banks of Sutton Pond. The Resource Area Restoration Report shall
address all wetland resource areas and buffer zones that have been altered by the activities
described above. This report and plans must be reviewed and approved by this Department.
At a minimum, the following actions must be taken;
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 100-feet of the clearing
activities delineated by a qualified wetland biologist. This field delineation shall be
reviewed and approved by the Conservation Administrator prior to restoration
activities.
2. Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration including the sequence of work, resource area plantings strategy,
anticipated future construction and landscaping activities, current and future
sedimentation/erosion control measures and site stabilization measures. The report
shall address all impacts to the wetland resource areas protected by the Act and Bylaw
as well as the proposed mitigation measures in detail.
Upon final approval of the Resource Area Restoration Report by this Department the property
owner shall be allowed to proceed with restoration activities under the direction of an
Enforcement Order. A final completion date for all restoration work will be set after this
Department has reviewed and accepted the Resource Area Restoration Report.
The violations as documented herein are subject to a $300 per day penalty' until such time as
the impacted resource areas have been mitigated. Each day or portion thereof during which
this violation continues shall constitute a separate offense. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such action in the future should this Enforcement Order not be complied with.
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per
day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the
North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and
the imposition of criminal fines, also per day. This Enforcement Order shall become effective
upon receipt.
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover
Wetland Protection ByLaw(REV May 1993/REV October 1998)
3
I
Clean-up activities along the slope must be completed within 30 days from receipt of this
Enforcement Order. Prior to clean-up activities, the Conservation Department must be notified
of the time and date activities will be conducted.
Your anticipated cooperation is appreciated.
Sincer I
Juh arrino
Conservation Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 9A Enforcement,Order
Massachusetts Wetlands Protection Act M:G.L. c: 131, §40 Provided by
L11DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover
computer, use May 20, 2002
only the tab Conservation Commission(Issuing Authority) Date
key to move To:
your cursor-
do not use the Sutton Redevelopment LLC
return key. Name of Violator
tQ P.O. Box 486, North Andover, MA 01845
Andress
1. Location of Violation:
Property Owner Cf different)
22-24, 28-30 Main Street
Street Address
North Andover 01845
Ci-y/Town Zip Code
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Clearing activities in the buffer zone to bordering vegetated wetland without a permit from
the North Andover Conservation Commission.
B. Findings
The Issuing Authority has determined that the activity 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
wpaform9a.doc•rev.12/15/00
Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands- DEP File N=ber:
WPA Form 9A - Enforcement-Order 1 Provided try DEP
Massachusetts Wetlands Protection Act M.G.L. c: 131, §40
File Number condition number(s)
B. Findings (cont.)
❑ Other(specify):
See Attached Cover Letter
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 the further activity affecting the Buffer.Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected 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:has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
See Attached Cover Letter
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.
wpaform9a.doc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Lit
DEP File Number.Bureau of Resource Protection - Wetlands
WPA Form 9A - Enforcement- Order
Massachusetts Wetlands Protection Act M:G.L. c. 131, §40 Provided by DEP
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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday- Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission an ified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Signature of delivery person or certified mail number
wpafonn9a.doc•rev.12/15/00 Page 3 of 3