HomeMy WebLinkAboutMiscellaneous - 224 FRENCH FARM ROAD 4/30/2018 (2) r -� f^
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Butterfield, 224 French Farm Road
a1�1�� Ongoing violation. Commission will conduct a site visit on
,
I 12/14/91.
Bruce Butterfield
2,24 Fri nch Farm Road
Nn, Ar_Jover, MA 01845
i. Signature—Addressee
K I ,
i. Signature—Agen
K / / - lz/ -C16
P. Date of Delivery
S Form 3811, Mar.19 7 r UA.G.P.O.1987-178-268
r
310 CMR 10.99
Form 9 DEP File No. �^
4-► (To be provided by DEP)
city Town, North Andover, RA
.4— Commonwealth
of Massachusetts Aoor,cant
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
To Bruce Butterfield 224 French Farm Road, North Andover, MA 01845
Date of Issuance October 24, 1990
Property lot/parcel number. address 224 French Farm Road, North Andover
Extent and type of activity:
Filling and grading within the buffer zone. This filling and grading is
in the Lake Cochichewick watershed.
The homeowner failed to respond to a letter from this office dated Oct. 31, 1989.
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:
ERX Said activity has beeniis being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number 242- Condition number(s)
MX Other(specify) ,
This filling and grading may have taken place in the Non-disturbance zone
of the Lake Cochichewick watershed and therefore would require a Variance
and a Special Permit.
This filling has encroached on to Town Conservation land.
The North Andover Conservation Commission hereby orders the following:
X XThe property owner, his agents, permittees and all others shall immediately cease and desist from furt tier
activity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
i ii nAo
Issued by North Andover Conservation Commission
Completed application forms and plans as required b\, the Act and Reoulations shall be fled v;ilh the
North Andover Conservation Commissigl3orbefore (date)
and no further work shall be periormed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application Corms are available at. NACC Office
120 Main St. , (Town Hall)
Y,x The property owner shall take every reasonable step to prevent further violations of the act No. Andover,11A
Tel. 11682-6483 01845
XX Other(specify)
1. An erosion control barrier will be placed at the bottom of the slope.
2. All fill material placed on Town land will be removed within fourteen (14) days.
3. Contact the Town Planner regarding a Special Permit within 14 days.
4. Appear before the Conservation Commission at its meeting of November 7, 1990.
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 not more than two years or boll.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to:
Issued by North Andover Conservation Commission
Signatures) cow'` °L
(Sionalure of delivery person
or cerlified mail number)
9-2b
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additions fees the tollowing services are available. Consult postmaster for tees
an c eck box(es)for additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Bruce Butterfield P 290 094 618
Type of Service:
407 Bear Hill Road ❑ Registered ❑ Insured
North Andover, MA 01845 )M Certified ❑ COD
❑ Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED,
5. Si ture — AddjW8see 8. Addressee's Address (ONLY if
x requested and fee paid)
6. Signature — Agent
x p,A
7. Date of Delivery
PS Form 3811, Apr. 1989 •U.S.G.P.0.1989-238-815 DOMESTIC RETURN RECEIr"
stN4op
UNITED STATES POSTAL SERV-, LC jQ , -- -~--
•
OFFICIAL BUSINESS !'x 1 Q30 7 111
SENDER INSTRUCTIONS 5 , i
Print your name,address and ZIP Code
in the space below. ...
• Complete items 1,2,3,and 4 on the
reverse. U.S.MAW-
-O
• Attach to front of article if space
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
No. Andover Conservation Comm.
120 Main Street
North Andover, MA 01845
242-158 [
0 "OnrH1
OFFICES OF: 032' °� Town of A ) 120 Main Street
BUILDINGa North Andover
o�- NORTH ANDOVER Massachusetts 01845
CONSERVATION „':�g
HEALTH S°�c"uee` DIVISION OF �' (508)682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR I
December 5, 1990
Mr. Bruce Butterfield
North Andover MA 01845
Dear Mr. Butterfield:
This letter is to inform you that legal proceedings will be
initiated against you if you do not comply with the enforcement
order issued to you by the Conservation Commission on 10/24/90.
The Conservation Commission will discuss this matter at our
meeting of December 19, 1990. If we do not hear from you by that
date we will have no choice but to file a complaint against you
in District Court.
Members of the North Andover
Conservation Commission:
f l
U A
t
1
l
10NTry
OFFICES OF: �2 °m Town of 120 Main Street
BUIL, ING D North Andover
CONSERVATION
NORTH ANDOVER Massachusetts 01845
HEA�t 1 , 9SS4CNUSE44 DIVISION OF (508)682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
October 31, 1989
Mr. Bruce Butterfield
224 French Farm Rd.
North Andover MA 01845
Dear Mr. Butterfield:
It has come to my attention that recent filling on your lot
has encroached several feet onto Town Conservation Land. This
fill must be removed and the slope regraded. The lot lines are
now staked for the purposes of installing a new water line
underneath this fill.
Mr. George Barker and Design Engineers will be installing
the new water line within a week. since your fill must be
excavated to install the water line, I would suggest you contact
Mr. Barker and see if Design Engineers can remove all the fill on
Town land and regrade the slopes. This way the work can be done
with minimal expense to you.
Sincerely,
.f f
Richard P. Doucette
Conservation Administrator
CC George R. Barker
Design Engineers
Mw
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KAREN H.P.NELSONTown Of 120 Main Street, 01845
Director off, (508) 682-6483
NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
December 23, 1991
Bruce Butterfield
224 French Farm Road
North Andover, MA 01845
Dear Mr. Butterfield:
To follow up on the Conservation Commission's site visit on
December 14 I am sending the name and number of a person for you
to contact regarding the purchasing of a siltation fence. You
should contact James Tierney at 603-424-0605, the cost is
approximately $.35 per foot.
Please purchase the silt fence at your earliest convenience. I
will inspect your property on January 15 and hope that your
property will be stabilized to prevent any further erosion.
Sincerely,
Richard P. Doucette
Conservation Administrator
Vcezw
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS J P r`' .D
SENDER INSTRUCTIONS
Print your name,address and ZIP Code
in the space below. p
• Complete items t,2,3,and 4 on the
reverse. U.S.MAIL
• Attach to front of article if space
�O
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
Richard Doucette c/o Town Hall
120 Main Street
North Andover, MA 0115
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the date of delivery. For ad itiona ees the ollowing services are available. onsult postmaster ortees
and check box(es)for additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
Extra charge) (Extra charge)
3. Article Addressed toi,.• 4.`Article Number
P 790 287 992
Bruce Butterfield Typq,o- ervice:
224 French Farm Road ❑ Registered- ❑ Insured
No. Andover, MA 01845 Certified ❑ COD
❑ Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Siglatuire — A ress a 8. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Age
X
7. Date of D li r
PS Form t8fill, Apr. 989tU. .P.o.1989-238-815 DOMESTIC RETURN RECEIPT
P 790 287 992
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
pSentto ;and
e Butterfield
'Frpncb 'Farm Road-
P Code
45
Postage 5
Certified Fee
Special Delivery Fee
Restricted Deliver
Return R4d'D-jere
to whom %N1
Go
Return REfeW shVp wh r
•- Date,and ess o i
d
3 TOTAL Po ,qZ nd Fs S
170
mPostmark or Da.�
M
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r
O
LL
N
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
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.
(no extra charge)
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.
1 3. If you want a return receipt,write the certified mail number and your name and address on a return
{ receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
fadjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
z RESTRICTED DELIVERY on the front of the article.
t
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
t
6. Save this receipt and present it if you make inquiry.
a U.S.O.P.O.1967.176.131
OF ryOR)iy,
"
OFFICES OF: a ' ` "��°°�, Town of 120 i\•Iain Street
APPEALS NORTH ANDOVER North Anclo�-er,
o
BUILDING ;,' :i;:�•^'s Mi(s-Si V-111 IS(IlS c)184.7,
CONSE-I WATION ms^°" "`4 DI VISY)N OF ((i 1 7)(i85 4,775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
December 16, 1991
Joel Bard, Koplemen & Paige
Town Counsel
.. 101 Arch Street
Boston MA 02110
RE Butterfield Violation
224 French Farm Rd.
Dear Joel:
Please be advised that the Conservation Commission inspected the
wetland violation at the above location. We have found that some
progress has been made in complying with the Conservation
Commission's past Enforcement Orders.
We hereby request that you temporarily suspend all criminal
proceedings at this time. The Commission has directed me to
inspect the property on the first day of each month and report to
them at our meeting on the first wednesday of each month. Mr.
Butterfield has been directed to:
1. Install a new siltation barrier at the base of his slope.
2 . Repair and maintain the existing siltation barrier.
3 . Loam and seed his entire backyard by the end of April 1992 .
4 . Maintain all siltation barriers until a permanent vegetative
cover has been established.
If any of the above items are not completed in a timely fashion,
the Commission will once again pursue the legal avenues available
to them. Thank y y
you for our attention to this matter.-
Sincerely,
Richard P. Doucette,
Conservation Administrator
CC James Gordon, Town Manager
Bruce Butterfield
December 5, 1991
Mr. Bruce Butterfield
224 French Farm Road
North Andover MA 01845
RE : Ongoing wetland violation
Dear Mr. Butterfield:
This letter is to inform you that the North Andover Conservation
Commission has scheduled a site visit to inspect the work on your
property that is in the buffer zone to a wetland in the Lake
Cochichewick watershed.
This inspection is planned for 8: 30am on Saturday, December 14,
1991. We hope you will be available on that date to provide the
Commission with information regarding this matter. Please
contact my office by phone if you do not wish us to conduct the
site visit at this time.
Sincerely,
Richard P. Doucette
Conservation Administrator
CC James Gordon, Town Manager
Joel Bard, Town Counsel
Karen Nelson, Division Director
Or:HON TM,ryO '
KAREN H.P.NELSON �; Town of 120 Main Street, 01845
D7`c``°r '• � NORTH ANDOVER (508) 682-6483
BUILDING '•'
,@BACNU9f't
CONSERVATION MMON OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
November 26, 1991
Bruce Butterfield
224 French Farm Rd.
North Andover MA 01845
Dear Mr. Butterfield:
Please be advised that the matter of your continued wetland
violation has been forwarded to our Attorneys, Koplemen & Paige,
to pursue legal action against you. Such action was necessary
only after repeated correspondence and the issuance of an
Enforcement Order failed to gain compliance.
Although the fill placed on Town Conservation Land (which is also
in the wetland buffer zone and the non-disturbance zone of our
water supply) has reportedly been removed, the slopes have never
been stabilized and the erosion controls have not been
maintained. If you do at some point complete the work ordered by
the Conservation Commission and wish to avoid further action
against you, please contact my office immediately.
Sincerely,
`::Z�'&jam,
Richard P. Doucette,
Conservation Administrator
CC Karen HP Nelson, Division Director
Joel Bard, Kopelman & Paige
James Gordon, Town Manager
KAR$N H.P.NELSON
°4
a
Town of 120 MainStreet, 01845
Dirktor
NORTH ANDOVER (508) 682-6483
-*i3UILDINGs s40
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
June 6, 1991 ac)?-
Q116
Mr. Bruce Butterfield
224 French Farm Rd.
North Andover MA 01845
Dear Mr. Butterfield:
Once again I must ask you to appear before the North Andover
Conservation Commission at our next meeting at 7pm on Wednesday
June 19, 1991. At that time we will ask for a status report on
the removal of fill placed on Town Conservation land and within
the buffer zone of a wetland in the Lake Cochichewick watershed.
This illegal fill has remained on Town Land for many months
after repeated communication between yourself and the
Conservation Commission. I am at a loss to explain your
inability to comply with our repeated requests. The Commission
could have begun legal action against you many months ago but did
not. I have no interest in pursuing this matter with more
discussions and correspondence.
If you do not appear before us, and if the work is not begun
by the 19th, a complaint will be issued to you in superior Court.
Please be advised that this item will be on the agenda for the
19th regardless of your ability to attend.
Respectfully,
Richard P. Doucette
Conservation Administrator
CC Karen H.P. Nelson, Director of Planning
Joel Bard, Town Counsel
P 844 213 ".11
Certified Mail Receipt
No Insurance Coverage Provided
-� Do not use for International Mail
uMM STATrS (See Reverse)
PWTws
Sent to
Street&No.
P.O.,State&ZIP Code
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
p) to Whom&Date Delivered
Return Receipt Showing to Whom,
Date,&Address of Delivery
C
TOTAL Postage
C &Fees ~ IX J
Postmark or Date F,+r ,�+� �',
IVQ
LL
a �i, .
Q Of HOwN1
KAREN H.P.NELSON or yam; Town of 120 Main Street, 01845
Dwecr°r '•` !' NORTII ANDOVER (508) 682-6483
BUILDING
t CONSERVATION OIVNION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 23 , 1991
Mr. Bruce Butterfield
224 French Farm Rd.
North Andover MA 01845
Dear Mr. Butterfield:
Our Administrator has informed us, and you, that our survey
has confirmed that filling on your lot conducted in 1989 has
encroached onto Town Conservation Land. Please attend our next
meeting on Wednesday, February 13 , 1991 to inform us of your
progress in removing this fill to comply with our most recent
letter of January 3 , 1991.
Sincerely,
Paul Tariot, Chairman
North Andover Conservation Commission
I '
i
l
w
Z?
310 CMR 10.99 1 L F,-A
Form 9
DEP File No.
(1o"provided by DEP)
Commonwealth c'ry Town,
North Andover, HA
-+ of Massachusetts ADDliCOnI
_1:._,i
W.E N F.
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
To Bruce Butterfield 224 French Farm Road, North Andover, )`lA 01845
Date of Issuance October 24, 1990
Property lot/parcel number, address 224 French Farm Road, North Andover
P Y P
Extent and type of activity:
Filling and grading within the buffer zone. This filling and grading is
in the Lake Cochichewick watershed.
The homeowner failed to respond to a letter from this office dated Oct. 31, 1989.
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:
ERX Said activity has been/is being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number 242- , Condition number(s)
MX Other(specify) ,
This filling and grading may have taken place in the Non-disturbance zone
of the Lake Cochichewick watershed and therefore would require a Variance
and a Special Permit.
This filling has encroached on to Town Conservation land.
The North Andover Conservation Couuuission hereby orders the following:
XThe property owner, his agents. permittees and all others shall 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 con-
dition.
• 9-1
' North .`� Z
And Conservat � r
Cornnussron
'Completed application forms and plans as required by the Ac; and Reoulalrons shall
'yy North Andover Conservation Com
missi be bled v;rlh tnF �
and no further work shall be performed until a Public hOorbe lore
re
earrn rla
_ Idate;
Order f
has been issued to regulate said work. Applicalron forms are available al Ien �6"rid ntff ice Condrlron�,
_ *violationst
} The property owner shall take every reasonable step to prevent further f j
of the act (town II<�1.1) w
XX Other(specify)
No. Andover,ttA I F
Tel. #682-6483
01845
t`
1• An erosion control barrier will be I
i
2• All fill material placed Placed at the bottom of the slope, l
on Town land will be removed within fourteen (14 days.
3• Contact the Town Planner regardinga
Y
Special Permit within 14 days.
of Nos. ) Y
4• Appear before the Conservation Commission at its meeting
November 7, 1990.
i
i
ailure to comply with this Order may constitute grounds for legal action. Massaclrusetls General
r t
r 131. Sec lion 40 provides: Laws Cliap. t
i
Whoever violates any provision of this section shall be punished by a fine of riot more C
than twenty-five thousand dollars or by imprisonment for not more than two years or bots,
Each day or portion thereof of continuing violation shall constitute a separate offense.
lestions regarding this Enforcement Order should be directed to:
I
I
uedby North Andover Conservation Commission
0
nature(s)
31 .
-------------
M.
(Signature of delivery per-
or certilroo marl number)
9-2b
Ai..
>>1,AN�INf' & -CTOR
1989
October 31 ,
r'
Mr . Bruce Butterfi
224 Frenceld
h Far -
224 MA 01845
North Andov
our lot
Dear 14r- Bl,tterfi.eld: ion that recent filling °n your
Conservation Land• are
to my -eet Town The lot lines
It has come feet onto regraded.
several the slope reg new water line
has encrOaceea removed and
fill must b e purposes Of installing a
ta}: ,d for th
now s this fill ' will be installing
t'nderneath Design Engineers ur fill must be
George Barker and SiICe Y ou contact
t,tr. a week• would suggest Y
line within line , I the fill on
the new water water remove all e done
to install the Engineers can the work can b
excavated see if Design This way
Mr. Barker and rade the slopes •
Town land and reg
with minimal expense to you.
Sincerely ,
MtA
-Richard P. Doucette
Conservation Administrator
George R• Barker
CC
Design Engineers
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DOMESTIC RETURN RECEIPT
PS Form 11, November 1990 *U.S.GPO:1991-287.086
°p How iH 1ry
KAREN H.P.NELSONTown of 120 Main Street, 01845
Director : . NORTH ANDOVER (508) 682-6483
BUILDING 'gym `•'
4cHuw6
CONSERVATION DMSION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
w
,r
January 23, 1991
Mr. Bruce Butterfield
224 French Farm Rd.
North Andover MA 01845
Dear Mr. Butterfield:
Our Administrator has informed us, and you, that our survey
has confirmed that filling on your lot conducted in 1989 has
encroached onto Town Conservation Land. Please attend our next
meeting on Wednesday, February 13 , 1991 to inform us of your
progress in removing this fill to comply with our most recent
letter of January 3 , 1991.
sincerely,
✓rte �_ ��,�Z,t,�•�
Paul Tariot, Chairman
North Andover Conservation Commission
3r:NORTH,ryO
KAREN H.P.NELSON Town of 120 Main Street, 01845
Director °ems';-:: NORTH ANDOVER
(508) 682-6483
BUILDING ; 0
CONSERVATION 'seAcHu5 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
�U � -
January 3 , 1991
Mr. Bruce Butterfield
224 French Farm Rd.
No. Andover MA 01845
Dear Mr. Butterfield:
This letter is to inform you that the boundary survey of the
common boundary between the Rae's Pond Conservation Area and your
lot has been completed. This survey confirms that the fill
placed on your lot in 1989 extends several feet onto Town land.
This fill must be removed at your earliest convenience and the
surface restored to its original condition. I would like to have
this project complete within 30 days if possible. Please contact
me when you plan to have this material moved so that I can
discuss this project with your contractor before work is begun.
This fill continues to erode into wetlands that feed our
public drinking water supply. Please understand that it will be
your continued responsibility to maintain the erosion controls in
the rear of your property until this project is complete. The
silt fence is now in need of maintenance.
Thank you for your attention to these matters.
Sincerely,
--I� r"J7�7 �44CA
Richard P. Doucette
Conservation Administrator