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Miscellaneous - 2350 TURNPIKE STREET 4/30/2018 (6)
�� `� �.3\ U C O M 1; - P 406 914 717 . Receipt for CertiCed AM No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to " Street a d N Qme r P O , Sta and PP Code Postage � � •') .^y Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered_ , U Return Receipt to Date, and A TOTAL Poage & Fees .4! Q . V Postmar� ate ♦� f _a ae! nnr -o08E ©g S - -E E 2 c, k�ui k§ \j �{� - ■ _ ■-� ° gok� §B§ 2 caca 1. E �E kk § k{ }k\ - 2- _( §■ § � 2 ]� - �2 ■ cmgo) § ■B ® \ I\)\ �k k 2 »\�k§ . k on C4§�� w t f }r=ƒ8 . _ \ 2� © ■� ■)ate �� . _ca ]- �0 ;2= a) ;ie& 3: UA a- - _ OEM E _- _ _e o = B \AE wI �fI= 4.1 jk j 310 CMR 10.99 f' Form 9 Commonwealth of Massachusetts C W JUN 9 11 DFPiFk No- 242- (ro be provided by DEP) Cjtyfra,,,o NORTH ANDOVER Applicant 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 COMMISSION (NACC) issuing Authority To Joseph DiGrazia, DBA Flame Laminating Co., 2350 Turnpike St., No Anfaua r MA Date of issuance June 7, 1995 Property lot/parcel number, address 2350 Turnpike Street, No' Andover MA Extent and type of activity: alteration of approximately 2,000 square feet of Bordering Vegetated Wetlands. The NACC has determined that the activity described above is in violation of the wetlands Protection Act, G.L. C. 131, S40, and the Regulations promulgated pursuant thereto, 310 Cruz 10.00, because: 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) ❑ other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The 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 condition. Effective 11/10/89 SysiF ; ti J Nor 9-1 `d3AOONV H 80H u,71-10 N.*01 0 mi33a Issued by NORTH ANDOVER CONSERVATIONqIe missions -. ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION on or before (date), and 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. Application forms are available at: NACC Office, Town Hall Annex The property owner shall take every reasonable step to prevent further violations of the act. �j Other (specify) The Wetland Resource Area shall be delineated and evaluated by a qualified Wetland Biologist. A completed Wetland Restoration Plan shall be submitted to the North Andover Conservation Commission on or before Wednesday, July 5, 1995, and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate such work. 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, Natural Resource / Land Use Planner Issued by NORTH ANDeER MONSERVATION COMMISS Signatures) ,� LU. (Administrator a—L i P 406 914 717 (Signature of delivery person or certified mail number) 9-2b �J Z 786#-,30k 040 Receipt for Certified Mail t� No Insurance Coverage Provided wDo not use for International Mail (See Reverse) P.O.—State arLd ZIP I Certified Fee I /'/10 1 Special Delivery Fee Restricted Deliver 'Fee Cl) cn Returin• R0 pt .Spowin to wnbrri DateL&Ware (� r RetFjj R ceipt S6ev�jiig to Dat, AddredaLs Ad TOTA ge��y C & Fee% Co Postma i D 2 E 0 LL to a @9JO©10m6 L43J�b1008■mms `-|& § Q § go a .■ . 2 LU - z 2§) �. Go �7 \'rz 2! fS.- k Ag �• �( � ¢ $ ■_� �a �2 Ir .§§ -aa §2 ( _ �§ ak \ §aa I} §� ]a 7 �= \^ ■ CD §mae _$ to A. -&S ak �§� ,2 §� wCo.0 )k k £■ 2 a ■cn - ] §Lu ; ;j ■ I g 2§ ■ 7 t I O a - ■e§ ;�5 ■( �- §§ _� ■22 �) ;I ;� 2- - co . #-; a| #�� E■ 2 �k �I2cc �§ TOWN OF NOFf H ANDOVER NOTICE OF VIOLATIOWOF WETLAND BYLAW % „ r DATE OF THIS NOTICE NAMt FENDER �r i; 6 1,4 b ig tjh44,.JA 6g AD RESS'Or OFFENDER 7 341, T f �f CITY. STATE. ZIP CODE DATE OF BIRTH OF OFFENDER 'V" k 121 U, MV OPERATOR LICENSE NUMBERMV/MB REGISTRATIO NU BER S`s� %()2h 2 r OFFENSE: A ty14' ,r� o� h 01 I � a S��let+ (Mti ,.Al �i, fN)raE'A ) . TIME AND DATE OF VIOLAT �/j % 1.5 (A.M.) (Py) ON ry l gin%' 19 AT 1'U --,W S4 SIGNATURE OF ENFORCING PERSON p ENFORCING DEPARTMA/ I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x n Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ v YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARDJO DISPOSITION OF THIS MATTER. f (1'` may elect to pay the above fine, either by appearing in person betv,, 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. 1 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 f NORTN OFFICE OF 3?O•`t�ao �.a�< COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 SSA US Director (508) 688-9533 May 24, 1995 Mr. Joseph Digrazia DBA Flame Laminating Co. 2350 Turnpike Street North Andover, MA 01845 RE: VIOLATIONS of the Wetlands Protection Act (310 CMR 10.00) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). CDear Sir: J A site inspection at the above referenced property location on May 19, 1995 revealed violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. As I explained to you during this inspection, any activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a) which will remove, till, 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 Conservation Commission. 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 SAO is subject to regulation and also requires the filing of a Request for Determination and/or a Notice of Intent. It is the opinion of this Department that approximately 2,000 square feet of Bordering Vegetated Wetland (BVW) was filled with gravel, stone and sediment. Under the local ByLaw a violation of this magnitude is subject to a $200.00 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. As we discussed, I will pursue the contact which you provided me with. Please understand that I reserve the right to issue a fine at any time this Department deems 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 V 0 necessary with the intended result of wetland restoration. I also reserve the right to hold you responsible as the landowner of record should I fail to locate additional contacts. I am requesting your presence before the North Andover Conservation Commission (NACC) on Wednesday June 7, 1995 at 7:00 p.m. Appearing before the board allows for an opportunity to explain your present situation and discuss ways in which this matter can be resolved efficiently. This hearing will take place in the Senior Center located behind the Old Town Hall. Your future cooperation with regards to this matter is appreciated. If you have any questions or concerns please do not hesitate to contact this office. Thanking you in advance. Sincerely, f Michael D. Howard Natural Resource/Land Use Planner cc: NACC Mr. Ken Mahoney, Director of Community Development & Services Department of Environmental Protection - NERO Bob Nicetta, Building Inspector Sandra Starr, BOH Agent J • 310 CMR 10.99 r_ Form 9 S1�' DEP File No. N/A (rc oe provided by OEP) .;;..; Commonwealth City -Town NorthAndover, MA FW of Massachusetts 1L q i Aomicanr 'tr. Joseph DiGrazia :r 2350 Turnpike Street) 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 Authcrity To Mr. Joseph DiGrazia, 319 Lowell St., Lynnfield, MA 01940 Date of Issuance July 13, 1995 Property lot/parcel number, address 2350 Turnpike Street, No. Andover, MA DBA Flame aTnlna Ing Extent and type of activity: Alteration of an AREA SUBJECT TO PROTECTION UNDER the ACT (310 CMR 10.00) and the North Andover Wetland Protection Bylaw (Ch. 1.78 of the Code of North Andover). 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: XiRX Said activity has beeniis being conducted without a valid Order of Conditions. G Said activity has beeniis being conducted in violation of an Order of Conditions issued to dated File number 242— Condition number(s) Other (specify) The North Andover Conservation Commission hereby orders the following: XZXX The property owner, his aeents. permittees and all others shall immediately cease ano Cesist frcm funiier activity affecting the wetland portion of this property. XEXXWetiand alterations resulting from said activity shall be corrected and the site retumed to its original con- dition. 9-1 XXXCompleted aoolication form sConservationu'Commiss BF�orr dbefoaetations ha2be95ed w'(hate; ; North Andover and no furtner work shall be performed until a public nearing nas been held anti nOfrf er of Conditions has been issued to regulate said work. Application forms are available at: NACCZxThe property owner shall take every reasonable step to prevent further violations of the act ]�XX Other(soecity) Submit a Detailed Wetland Restoration Report by a Qualified Wetlands Biologist. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws C1`1210- ter hap ter 131 . Section 40 provides: whoever violates any provision of this section shall be punished by a fine of not more re than two than twenty-five thousand doltars i continuing uin imprisonment violation shall constitute a separatess or ottebseh Each day or portion thereof o 9 Questions regarding this Enforcement Order should be directed to: Michael D. Howard Issued by Signature(s) cc: North Andover Conservation 1/1)- ( . Administrator) 0 10, tSignature of delivery oerson or certified mail nurnoer) 1 �J ,.M DEP Nero Naut, Kenneth R. Mahony, Director of Planning & Community Development Steve Erickson, Norse Environmental Services, Inc. Domenic S. Terranova, Esquire Town of North Andover t NORTH OFFICE OF 3?0°'1�6o , :.. . COMMUNITY DEVELOPMENT AND SERVICES ° . ;2 o 146 Main Street ' ` " X-- KENNETH R. MAHONY North Andover, Massachusetts 01845 7SACHU Director (508) 688-9533 July 13, 1995 Mr. Joseph DiGrazia 319 Lowell Street Lynnfield, MA 01940 RE: ENFORCEMENT ORDER Dear Mr. DiGrazia: As you are aware, at a public hearing before the North Andover Conservation Commission (NACC) on Wednesday, July 5, 1995, Steve Erickson, a registered sanitarian and your attorney Mr. Domenic Terranova presented "evidence" and a detailed topographic plan disputing a claim by this Department that recent fill was placed in a Bordering Vegetated Wetland (BVW); a violation of the Massachusetts Wetlands Protection Act (M.G.L. c.131 s.40) and local Wetlands ByLaw (Ch. 178 of the Code of North Andover). Mr. Erickson displayed aerial photographs (circa 1990) of your property where, in his opinion, clear evidence existed showing large boulders within the limits of the wetland resource area in question. Mr. Erickson cited a case referenced as The Commonwealth vs. Grant & Sons Co., Inc (1988) claiming that you were not liable for a violation of the Act which has been in existence for at least two (2) years. The NACC requested that I research this claim further. I proceeded to present to the NACC polaroid photographs and correspondence documenting the violation. Clearly, an undetermined amount of fill has recently been placed into the BVW in addition to the "historic" fill which Mr. Erickson claims was placed in 1990. I believe all parties are now in agreement to this fact. Conversations with Town Counsel and personnel from the Department of Environmental Protection (DEP-NERO) revealed a superseding case heard in the Appeals Court of Massachusetts and referenced as The City of Worcester vs. Vincent Gencarelli (decided February S, 1993). This Department and the NACC believe that Mr. DiGrazia is indeed responsible for this past violation as well as the most recent set of events. Furthermore, I do not believe recently deposited fill can be completely removed without taking out stone and boulders deposited in, according to Mr. Erickson, approximately 1990. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Par ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell r1 The above referenced case found that the presence of fill is a continuing violation and an ongoing cause of significant environmental damage. This case is analogous to a proceeding against a continuing nuisance which is not barred by the statute of limitations because of the recurring nature of the harm. Enclosed, please find an Enforcement Order requiring the filing of a Notice of Intent (NOI) with the NACC no later than noon on Friday, July 21, 1995. Please submit a detailed wetland restoration report and plans which meet the requirements of the local ByLaw and the Massachusetts Wetlands Protection Act. This Enforcement Order shall be recorded immediately upon receipt at the Registry of Deeds in Lawrence. If you have any questions or concerns regarding this matter please do not hesitate to contact this Department. Sincerel , Michael D. Howard Natural Resource/Land Use Planner encl. CC: DEP-NERD NACC Mr. Ken Mahoney, Director of Planning and Community Development Steve Erickson Domenic Terranova C�, Town of North Andover t NORTH OFFICE OF 3r 0 `t, COMMUNITY DEVELOPMENT AND SERVICES ° . 146 Main Street KENNETH IL MAHONY North Andover, Massachusetts 01845 9SSArmus�� Director (508) 688-9533 November 28, 1995 Mr. Joseph DiGrazia DBA Flame Laminating 2350 Turnpike Street ) North Andover, MA 01845 RE: Order of Conditions (DEP #242-761) Dear Mr. DiGrazia: A Violation Notice and subsequent Enforcement Order was issued to you on May 24, 1995 for violations of the Massachusetts Wetland Protection Act (3 10 CMR 10.00); approximately 2,000 square feet of Bordering Vegetated Wetland (BVW) was altered. The above referenced Order of Conditions was issued on September 7, 1995. This permit mandates a restoration effort which is to be completed within two calendar years. Failure to comply with this Order may result in the issuance of fines and/or other legal actions. Please note that this permit expires on September 7, 1997. To date this Order of Conditions has not been recorded at the Northern Essex Registry of Deeds in Lawrence as required under Condition # 19. This is a violation. Please submit recording information (i.e. book and page or an instrument number) to this Department no later than Friday, December 8, 1995. Failure to comply will result in additional actions by the North Andover Conservation Commission (NACC). The Order of Conditions does not establish a "start-up" date, however, as mentioned above this permit is valid for two (2) years. The North Andover Wetland ByLaw (p. 14)(f) states "No wetland replacement area will be certified to be in compliance unless it has survived for at least two calendar years". Your failure to forward a revised wetland restoration plan and initiate planting has presented a conflict. Please submit a revised restoration plan to this office no later than Friday, December 8, 1995. Your anticipated cooperation is appreciated. �1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Par ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Thanking you in advance. Sincerely, ' Michael D. Howard Natural Resource/Land Use Planner cc: DEP-NERD NACC Mr. Steve Erickson, Norse Environmental file Town of North Andover f BORT" OFFICE OF?o�,..ao atiao COMMUNITY DEVELOPMENT AND SERVICES 41 146 Main Street North Andover, Massachusetts 01845 'Ss�cNus�� (508) 688-9533 December 12, 1995 Mr. Joseph DiGrazia DBA Flame Laminating 2350 Turnpike Street) North Andover, MA 01845 RE: Order of Conditions (DEP #242-761) Dear Mr. DiGrazia: Thank you for your prompt response to my letter dated November 28, 1995 requesting recording information and a revised wetland replacement plan. I have approved said plan as drafted by Mr. Steve Erickson and have decided to delay construction of the wetland replication area until early spring 1996 when conditions allow. Mr. Erickson concurs. I anticipate that you will continue to cooperate and comply with the Order of Conditions issued for this project. Thanking you in advance. Sincerely, Michael D. HowaM Conservation Administrator cc: DEP-NERD NACC file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pasino D. Robert Nuxtta Michael Howard Sandra Starr KgMeen Bradley Colwell 310 CMR 10.99 Form 9 commoziwea1 th of Massachusetts DEP Ne Pio. 242-761 (ro be provided by DEP) Cftyfr.,_ NORTH ANDOVER AppLia t Mr. Joseph DiGrazia 2350 Turnpike Street 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 COMMISSTON (NACC) Issuing Authority To Mr. Joseph DiGrazia Date of Issuance August 27, 1996 Property lot/parcel number, address 2350 Turnpike St.,' No. Andover MA 01845 Extent and type of activity: Refer to correspondence dated August 27, 1996 attached hereto and made a part hereof. The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. c. 131, S40, and the Regulations promulgated pursuant thereto, 310 CMR 10.00, because: said activity has been/is being conducted without a valid order of conditions. ;ox Said activity has been/is being conducted in violation of an order of Joseph DiGrazia dated 9/7/9 Conditions issued to ! , ,e a "` .. P File number 242-761 , condition number(s) other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: C3 The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. lox wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by NORTH ANDOVER. CONSERVATION Casoni s s ion C] completed application forms and plans as required by the Act and Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION on or before (date), and 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. Application forms are available at: NACC Office, Town Hall Annex xQxThe property owner shall take every reasonable step to prevent further violations of the act. x0 other (specify) Refer to correspondence dated August 27, 1996 attached hereto and made a part hereof. 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 Conservation Administrator Issued by signature 0 9-2b P371 890 341 (signature of delivery person or certified mail number) Town of North Andover f HaRT� OFFICE OF 32 0 `�, . do0 COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street x Q�N�TfO ♦PPS .(f7 North Andover, Massachusetts 01845 9SSACHUs�` (508) 688-9533 August 27, 1996 Mr. Joseph DiGrazia DBA Flame Laminating 2350 Turnpike Street North Andover, MA 01845 RE: ENFORCEMENT ORDER - Wetland Restoration Issues (DEP #242-761). Dear Mr. DiGrazia: A Violation Notice and subsequent Enforcement Order was issued to you on May 24, 1995 for violations of the Massachusetts Wetland Protection Act (310 CMR 10.00) and North Andover Wetland ByLaw and Regulations (Ch. 178 of the Code of North Andover); approximately 2,000 square feet of Bordering Vegetated Wetland (BVW) was altered. The North Andover Conservation Commission (NACC) issued an Order of Conditions to you on September 7, 1995. This permit mandates a restoration effort which is to be completed within two calendar years. Please note that this permit expires on September 7,1997. Enclosed please find an Enforcement Order mandating the following actions and time limitations: To be completed no later than noon (12:00 p.m.) on Friday, September 13,1996: (refer to the Order of Conditions for specific language) • CONDITION #15 (A through D); • CONDITION #20; • CONDITION #22; • CONDITION #23; • CONDITION #24; • CONDITION #25; • CONDITION #26. 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 To be completed no later than noon (12:00 p.m) on Friday, September 20,1996: (refer to the Order of Conditions for specific language) CONDITION #14: this condition refers to the actual carrying out of approved work; To be completed no later than noon (12:00 p.m.) on Tuesday, October 15,1996: (refer to the Order of Conditions for specific language) CONDITION #16: in addition, an "As -Built Plan" of the wetland restoration area shall be submitted with the Botanist's progress report. If these above referenced requirements and their respective deadlines are not satisfied accordingly, a fine in the sum of $200.00 will be issued. Each day that these issues remain outstanding is constituted as a separate offense and subject to additional fines. The NACC and this Department have been extremely patient with this project, however, further delays will not be tolerated. Your anticipated cooperation is appreciated. Sincerely, 1 00004 /)$ A41 Michael D. Howard Conservation Administrator encl. cc: NACC DEP-NERO Mr. William Scott, Director CD&S Mr. Domenic Terranova file 0 Town of North Andover . ; OFFICE OF 3 COMMUNITY DEVELOPMENT AND SERVICES , 146 Main Street 9sSACHUSEt KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 X O VIOLATION NOTICE Issued from: NORTH ANDOVER CONSERVATION COMMISSION Issued to: FAB-TEX INC. /FELLOW REAL ESTATE Date -. 05-09-95 D. E. P. No . N/A Location/ Property: _'2350 Turnpike Street-,) North Andover, MA 01845 The North Andover Conservation Commission has determined that the activity described below sviolation f heMassachusetts Wetlands Protection AcMG L 131Sec. 40and/orteTown of North Andover Wetlands Protection Bylaw. Extent and Type of Activity: Refer to letter attached hereto and made a part hereof dated May 9, 1995. ire If this violation is Hie issuedy diatelwh a h may ressedncludeu a stop ework an Enforcement Order wll be order, which may be followed by legal action. Reauired Action: i Refer to letter attached hereto and made a part hereof dated May 9, 1995. Questions concerning this violation notice should be directed to the North Andover Conservation Office, Town Hall Annex, 146 Main Street, or by callin 508) 68 -9530. S ignature Michael D. Howard BOARD OF APPEALS 688-9541 Julie Parrino BUH,DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING Bra ey Colw5 Sandra Start Kathleen Bradley C�lweil D. Robert Nicetta Nfichael Howard r A Is , r c 0 I would like to schedule a site inspection with the landowner and/or responsible party to resolve these outstanding issues and mitigate any additional violations of the Act. Please contact this Department within 48 -hours of receipt of this notice so that we may proceed accordingly. Your cooperation in this matter is greatly appreciated. Thanking you in advance. Sincerely, Michael D. Howard Conservation Administrator cc: Fellow Real Estate North Andover Conservation Commission Mr. Ken Mahoney, Director, of Planning and Community Development Mr. Bob Nicetta, Building Inspector Kathleen Colwell, Town Planner Sandra Starr, BOH Administrator 1 r it! Town of North Andover3� "°pt" o�""t o 11.00 OFFICE OF C COMMUNITY DEVELOPMENT AND SERVICES i t i � 146 Main Street - ..•` �`' 9SSauSEt KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 VIOLATION NOTICE z o o�-c c.o =ons -a�nr' Issued from: NORTH ANDOVER CONSERVATION COMMISSION fV =,:!F ��; Zn'r-, Issued to. • FAB-TEX INC. /FELLOW REAL ESTATE -D <' rl 05-09-95 D.E.P. No. N/A = Date: co c.n Location/ Property: 2350 Turnpike Street„ North Andover, MA 01845 The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Tvpe of Activity: Refer to letter attached hereto and made a part hereof dated May 9, 1995. If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Reauired Action: e Refer to letter attached hereto and made a part hereof dated May 9, 1995. Questions concerning this violation notice should be directed to the North Andover Conservation Office, Town Hall Annex, 146 Main Street, or by callin 508) 68 -9530. Signature: Michael D. Howard G 688-9335 BOARD OF APPEALS 688-9341 SUII.DING 688-9343 CONSERVATION 688-9330 I�AI-an 68ra 8 - PLANNING e, C4)iweil Julie Parrino D. Robert Niceoa Michael Howard I would like to schedule a site inspection with the landowner and/or responsible party to �• resolve these outstanding issues and mitigate any additional violations of the Act. Please contact this Department within 48 -hours of receipt of this notice so that we may proceed accordingly. Your cooperation in this matter is greatly appreciated. Thanking you in advance. Sincerely, Michael D. Howard Conservation Administrator cc: North Andover Conservation Commission Mr. Ken Mahoney, Director, of Planning and Community Development Mr. Bob Nicetta, Building Inspector Kathleen Colwell, Town Planner Sandra Starr, BOH Administrator JO (GE TOO, KORTH Ai�UC'' aF Town of North Andover .OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 c C May 9, 1995 Fellow Real Estate (Ltd. Partnership) 1 Moody Street Waltham, MA 01940 L-;, .•rye CERTIFIED MAIL Z782 308 033 RE: FAB-TEX, Inc., 2350 Turnpike Street, North Andover, MA 01845 Dear Sir or Madam: The North Andover Conservation Department has reason to believe that activities being carried out at the above referenced property location are in violation of the Massachusetts Wetland Protection Act (M.G.L. c.131 s.40) and the Town of North Andover Wetlands ByLaw (Ch. 178 of the Code of North Andover). According to the North Andover Assessor's office, Fellow Real Estate is the landowner of record and thus the responsible party. 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. 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 SAO is subject to regulation and also requires the filing of a Notice of Intent. Stockpiling of soil within the Buffer Zone of a Bordering Vegetated Wetland (BVW) was clearly sighted by this Department from Sharpeners Pond Road on May 4, 1995. This Department has reason to believe that additional violations have occurred at the site and an inspection is warranted. Violations of the Massachusetts Wetland Protection Act may be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or up to two years in jail, or both. BOARD OF APPEALS 688-9541 BMDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Perrino D. Robert Nioetta Michael Howard Sandra Stag Kathleen Bradley Colwell TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION TELEPHONE 683-7105 Mr. Willian Sorrell �'`�`.....,'M <5 D EQ E �SSACHUS Et Division of Solid and Hazardous Waste 1 Winter Street Boston, MA 02108 December 30, 1985 Dear Mr. Sorrell, Enclosed please find correspondence concerning the event which took place at Watsons' Pit in North Andover on November 7, 1985. The North Andover Conservation Commission is formally requesting DEQE to take water quality tests at the site of discharge. An informal request was made by phone in November. It appears that this site may have had a history of clumping, therefore the Commission is concerned because this land has plans for development in the near future. This development would provide its' own water supply. If possible the Conservation Commission would like the testing to include the following parameters: acids., heavy metals, VOA Is and detergents. If a fee is required for such testing the Commission would need to know in advance. If additional information is needed about this site, please let me know. cc: William Dolan, Hazardous Waste Coordinator ft Il Sincerely, Tracy A. Peter Conservation Commission 5 � M L__ V:11, . i,� f.A V. DOLAN NORTH ANDOVER FIRE DEPARTMEN'i CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mast. 01845 [EN REPORT OF AN INCIDENT 8 NOVEMBER 1985 SHARPNER'S POND RD. INVOLVING EASTERN TECHNOLOGIES LTD. T0. (617),6b u - I') o ti On Thursday afternoon Ms. Tracy Peters - Conservation Assistant- notified Fire Chief Dolan of an incident which occured on that afternoon, 8 Nov. 85,at Sharpners Pond Rd,. 'The incident was reported to Ms. Peters by Officcr_ David Rand of the No. Andover Police Dept. Officer Rand was informed by Officer Pickard who was performing a detail in the area. A copy of. Officer Pickard's report is attached. On the afternoon of November 8th,with Ms. Peters in my office I called Eastern Technologies Ltd. , also known as Eastern'Tank. I spoke with Mr..Jay Davidson and provided him with what information I had and informed -him that the Stare office of the DEQE had been already notified. Mr. Davidson explained that it was possible that the truck had been using soap suds and had discharged the water and suds into the "Watson's Pit" area. He declined my offer for him to talk with Ms. Peters. Shortly thereafter I received a call from Mr. Skip Waite - the owner of Eastern TEchnologies Ltd. -regarding the incident. He explained that they, the employees of his company, had indeed discharged the contents of a tank truck into the area described in Officer Pickards report. The water. in the tank truck was for testing the tank. This vehicle was being procured by the'.U.S. Army"for future use as a waste disposal vehicle:.'It was at this time brand new. He explained that the soap was added to the tank to allow a sensor in the tank to stay open. - Mr. Waite stated that 42 oz. of "Sun Ff:esh" laundry detergent was added to the tank water. The soap supposedly is bio-degradeable and has no phosphates in it. - I asked Mr. Waite if both Ms. Peters and I could visit the plant to see the operation and the area involved. He was agreeable to this request and also stated that the tank truck in question would still be on sight if we desired to see it. A tentative meeting with Mr. Waite, Ms. Peters and I has been scheduled f?r Tuesday morning November 12 at 9 A.M. in Ms . Ann Marie C-ow-ez�e-ns" off ice At 16:15 I spoke with Officer Pickard on the phone and asked him for a copy of his report of the incident. Ile said he would drop it by. On Friday morning Nov. 9 the .report was on my door when I came in for work at 07:10. "SMOKE DETECTORS SAVE LIVES" 2 A copy of this report will be given to Ms. Peters and a copy sent to Mr. Waite. Any additional information will be added to this .report with copies sent to the individuals involved. At the time of this report, 9 November 1985 - 08:1.5 1 had not received any calls from the State Office of the Department of Environmental Quality Engineering. Date of this Report 9 Nov. !985 William V. 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Box 398 North Andover, MA 01845 Dear Mr. Follansbee: November 19, 1985 I am writing to you in regard to an incident which occured on your property, Watson's Pit, off Sharpners Pond Road, November 8, 1985. A description of this is enclosed. I Mr. Skip Waite of Eastern Technologies claims he had permission to dump at Watson's Pit from the previous owner Mr. Watson. --- - The NACC has contacted DEQE about the incident.. We pian to have a representative of DEQE take:water samples in the location of the dumping. As required on the Enforcement Order., a representative of Eastern Technologies will be at either our November 20th or December 4th meeting to explan to the Commission what has occured.. If you have any questions concerning this, -please contact me. TAP:mm cc: William Sorrell, DEQE Yours truly, LL� LJ :� T racy A. Peter Conservation Assistant 4 w ( 11 vl) Eastern Technologies Ltd. I (;nrpaate 11,'Jdgr,arters Pine-, and at 1.1111{field November 13, 1985 - Kimball Luir, i.l,,,,jiehf. AIA 011940 7ilr plrnnr (I,11) 246 - iOOO To: Whom it May Concern From: Richard Boynton Subject: Statement of Attestment I hereby attest that on November 8, 1985, I placed one full box of laundry detergent (picture of box attached) into a prototype waste truck -tank filled with water. Prior to this, the truck contained 2200 gallons of pond water only. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. The addition of the household laundry detergent was also witnessed by the following people: John Cody- U.S. Government Representative-TARCOM, Michigan Joseph A. Pavone- U.S. Government Representative- DCAS, Boston Donald Perkins- U.S. Government Representative- DCAS, Boston Mark Murphy- Eastern Technologies Ltd.- Lead Person � Richard Boy ton Chief Quality Control Inspector . r • y Eastern Technologies Ltd. A Corporate l!r•a,Aluarlrrs November 13, 1985 Pine—u; ) i at I_pinfirW i Kimball Lahr. 1. y nnjir•h1..11.•1 01940 Trlephww (61) 146-5000 To: Whom it May Concern From: Donald Perkins Subject: Statement of Attestment I hereby attest that on November 8, 1985, I witnessed Richard Boynton place one full box.of laundry detergent (picture of box attached)' into a prototype waste truck tank filled with water. Prior to this the truck contained 2200 gallons of pond water only. The addition of the, "household laundry detergent" was done to comply with the Mil Specification requirements for testing. onald Perkins DCASMA Boston Eastern Technologies Ltd. OrpD/atr IIPad.ln.7rtfrs November 13, 1985 Pine-,�iodat Lvinfirld i Kimball l.aur, I-. _ innfield, irld, .11.•1 019-10 Trdrphonr (617) 46-i000 To: Whom it May Concern ` From: Joseph A. Pa-vone Subject: Statement of Attestment I hereby attest that on November 8,•1985, I witnessed Richard Boynton place one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water: Prior to this the truck contained 2200 gallons of pond water on;y. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. Joseph A. Pavone DCASMA Boston Eastern Technologies Ltd. i 0 November 13, 1985 (:tn pnratt' l b-i0quartrrr hnr4owl ,rt ryn,t(ie1J i Kimball Lane, L,v,uJirhl, a(, 101940 ('617) 246-5000 i To: Whom it May Concern From: Mark Murphy ,Subject: Statement of Att,estment I hereby attest that on November 8,1985, I witnessed . Y i Richard Boynton place one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water. Prior to this the truck contained ' 2200 gallons of pond water only. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. i Mark Murphy Eastern Technologies Ltd. --..r... ... Lead Man net vft42 oz. 12 1b, 10 oz.) 1.19 kg. I ON Commonwealth of Massachusetts Enforcement Order • F, I: DEQE Fite No. �'• (To be provided by DEQE) City/Town is Applicant Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and under -the Town- of North Andover 13yLaw, Chapter 3 Sec cion 3.5 A & B From NORTH ANDOVER CONSERVATION COMMISSION pssuingAuthority ToCCSTiI7 Date of Issuance Ae i Property lot/parcel number, address �3Jr6 7�-i/c�_ C i r Extent and type of. activity: r 17�:IT:? %'.'JDO�IETI CO.' `; ^.V:'. .L0(! CO'', 9. The ' r T r 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 31 nleMR 10.00, because: Said activity has been/is being conducted without a valid Order of Conditions. O Said activity has been/is being conducted in violation of an Order of Conditions issued to dated File number , Condition number(s) O Other (specify) The !`i nr t' ; ,,-'swot Con - ,'7-: , t: ion Co!7111 s liereby orders the following: IIS t ne property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. O Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- 'dition. O Completed application forms and plans as required by the Act and Regulations shall be filed with the i -7,ioidover Con. Com on or before (date), , and 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. Application forms are available at: office (see bolo-.-) ®' The property owner shall take, every reasonable step to prevent further violations of the act. R 9"10ther (specify) czw' o c c ccs..&)Jld �� /V/9C Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. i Each day or'portion thereof of continuing violation shall constitute a separate offense. Ouestions regarding this Enforcement Order should be directed to: N • 1.nrlover_ Cons. Comm. 120 :-:ain Street-, North iuidover, i':a. 01U145 — Issued by Signature( — (Signature of delivery person or certified mail number) ID/ TOWN OF NORTH ANDOVER. MASSACHUSETTS orrICE or CONSERVATION COMMISSION . TELEPHONE 683-7105 DATE: November 22, 1985 TO: File FROM: Tracy Peter SUBJ: Eastern Technologies Ltd. JWatsons Pit On November 8, 1985 Officer David Rand of the North Andover Police Department informed me that a tank truck from Eastern Technologies Ltd, in North Andover was discharging into Watsons Pit off Sharpners Pond (see enclosures) . I notified both Mary Bester of DEQE and Fire Chief Dolan., North Andover Hazardous Waste Coordinator. Chief Dolan notified Mr. Kinsley N.di.of DEQE about the incident. On November 12, 1985 Chief Dolan and I met with Mr. Skip Waite, President., and Ms. Ann Marie Clowers of Eastern Technologies Ltd. They both claim that disposal of hazardous materials occurs at a certified government plant in Tops -field, MA, and because the tank truck in question only contained laundry detergents it was easier to dispose on Sharpners Pond Road. They both said they had been granted permission by the owner, Mr. Watson, to dump on that site. They didn't feel it necessary for the NACC to get involved because it was not a wetland violation. The U.S. Cflvern- ment has authorized all of their operations in North Andover'.. .,They also added that dumping has taken place on Sharpners Pond Road since 1948. ' T in.formed them that the owner is no'longer Mr. Watson, that whathad occured was a wetland violation and that they should, -have contacted town officials before such, actions had taken place. Mr. Skip Waite told me that DEQE could test for'laundry detergents but that Eastern Technologies would, not take the responsibility if other parameters were to show up in the testing. As discussed at the NACC's November 13th meeting the Board voted unanimously, to request DEQE to test the water in Watsons Pit, to notify the current land owner, - and to send an Enforcement Order to Eastern Technologies Ltd:, to -s -top all discharging. r Eastern Technologies Ltd. /Watsons Pit Page Two November 22, 1985 It is an added concern of the NA CC that Watsons Pit is hydraulicaly connected to Boston Brook and on to the Ipswich River, and that the area of Watsons Pit is currently being sold.off as a subdivision and each home will have its own ground- water well. cc: D.E.Q.E. Board of Health Fire Chief Board of Public Works Eastern Technologies Ltd. K TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OR CONSERVATION COMMISSION TELEPHONE 683-7105 DATE: November 22, 1985 T O : File FROM: Tracy Peter SUBJ: Eastern Technologies Ltd.IWatsons Pit On November 8, 1985 Officer David Rand of the North Andover Police Department informed me that a tank truck from Eastern Technologies Ltd. in North Andover was discharging into Watsons Pit off Sharpners Pond (see enclosures) . I notified both Mary Bester of DEQE and Fire Chief Dolan., North Andover Hazardous Waste Coordinator. Chief Dolan notified Mr. Kinsley Ndi'.of DEQE about the incident. On November 12, 1985 Chief Dolan and I met with Mr. Skip Waite, President., and Ms. Ann Marie Clowers of Eastern Technologies Ltd. They both claim that disposal of hazardous materials occurs at a certified government plant in Tops field, MA, and because the tank truck in question only contained laundry detergents it was easier to dispose on Sharpners Pond Road. They both said they had been granted permission by the owner, Mr. Watson, to dump on that site. They didn't feel it necessary for the NACC to get involved because it was not a wetland violation. The U.S. avern- ment has authorized all of their operations in North Andover.. They also added that dumping has taken place on Sharpners Pond Road since 1948. T informed them that the owner is no longer. Mr. Watson, that what had occured was a wetland violation and that they should have contacted town officials before such actions had taken place. Mr. Skip Waite told me that DEQE could test for laundry detergents but that Eastern Technologies would not take the responsibility if other parameters were to show up in the testing. As discussed at the NA CC Is November 13th meeting the Board voted unanimously, to request DEQE to test the water in Watsons Pit, to notify the current landowner, and to send an Enforcement Order to Eastern Technologies Ltd.., to -stop. all dis�liarging. t. Eastern Technologies Ltd. /Watsons Pit Page Two November 22, 1985 It is an added concern of the NACC that Watsons Pit is Boston Brook and on to the Ipswich River, and that the currently being sold, o f f as a subdivision and each home water well. cc: D.E.Q.E. Board of Health Fire Chief Board of Public Works Eastern Technologies Ltd. hydraulicaly connected to area of Watsons Pit is will have its own ground- TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION Mr. Scott Follansbee Old Center Realty P.O. Box 398 North Andover, MA 01845 Dear Mr. Follansbee: November 19, 1985 TELEPHONE 683-7105 I am writing to you in regard to an incident which occured on your, property, Watson's Pit, off Sharpners Pond Road, November 8, 1985. A description of this .is enclosed. Mr. Skip Waite of Eastern Technologies claims he had permission to dump at Watson's Pit from the previous owner Mr. Watson. The NACC has contacted DEQE about the incident.. We plan to .have a representative of DEQE ,take: water samples in the location of the dumping. As required on the Enforcement Order, -a representative of Eastern Technologies will be at either our November .20th. or December 4th meeting to explan to the Commission what has occured. If you have any questions concerning this, -please contact me.. �� C'� U- %�-9Ee. l�v1 o -v► �a /�%S � i in#-. Fo //a"," b.<ee , - -- l°c�t-ho-� Yours truly, r7,j Tracy A. Peter 1,(%,.q-,� Cckw-e-s �� Conservation Assistant ____ TA P: mm lliyn cc: William5Sor%rell, DEQE ' RD t! C/O, --5: - DEOE File No. I (To be provided by DEOE) — . Commonwealth city/Town of Massachusetts Applicant lk Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and under - the Town. of North. Andover ByLaw, Criaptei 3 bec c ion 3.5 A & B r, From NORTH ANDOVER CONSERVATION CMIMISSION UssuingAuthority ` ToCfSij� �J Date of Issuance Property lot/parcel number, address • �. Extent and type of.activity: / y, i The - "':14 •'.i4D0`7.s1_: COL]S::.'J.::'T.Of 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 3101CMR 10.00, because: I. d j; ® 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 I dated }' t File number , Condition number(s) 4 ❑ Other (specify) J A T�he�='lo''t�' "'ewe'= Con= "err tion Co:n;:is �i�hereby orders the following: P- The 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. 16 O Completed application forms and plans as required by the Act and Regulations shall be filed with the I.T. i nd over Con. Co -i `�, DT, , on or before (date), and 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. Application forms are available at: off: L c e (see bel(,.-) ry 0 The property owner shall take, every reasonable step to prevent further violations of the act. Other (specify) No o lluz, 0 CCC ail 0 C C G0/ ,Li�� / Ab9 C r has _ - Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap• 131, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: N. Z,01.dover Cons. Comm. 120 :Iain Street, North t�ndover, !,.a. 01°45 Issued by Signature( (Signature of delivery person or certified mail number) - syr &,�-?& DEQE File No. (� (To' beprovidedby DEQE) �--\ Commonwealth city/Town �G ILt of Massachusetts Applicant ' 3: Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and under the Town -of I,Iorth Andover ByLaw, Chapter 3 Seccion 3.5 A & B From. NORTH ANDOVER CO1,17S RVATION COiI•IISSIOP'd Issuing Authority To Date of Issuance /ter �-e �- . Z1C/_ Property lot/parcel number, address ' A 4, Extent and type of.activity: The `.`•;T. :J1�IDOtIc': CC 'S' T. i1:'.`I'IOi ( C0 'r i . 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 31 OtMR 10.00, because: t. ©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 , Condition number(s) ❑ Other (specify) The 1'40) �-1 o LI �`.ii lover Con �: e rvr t ion Co:,u�:i s s i_ hereby orders the following: Ild— t he 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. 1a O Completed application forms and plans as required by the Act and Regulations shall be filed with the Con. Corgi <' TY? Eastern Technologies Ltd. Corporate Headquartery November 13, 1985 Pineu:ot)dat Lynnfield 7 Kimball Lane, Lynnfirld, AkA 01940 Telrphwir (617) 246-5000 To: Whom it May Concern From: Mark Murphy Subject: Statement of Attestment I hereby attest that on November 8, 1985, 1 witnessed Richard Boynton place one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water. Prior to this the truck contained 2200 gallons of pond water only. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. Mark Murphy Eastern Technologies Ltd. Lead Man 1 net vAt 42 oz. "I Ij 2 lb 10 oz.) 1.19 kg. 7" Eastern Technologies Ltd. Corporate Headquarters November 13, 1985 Pinewood at Lynnfield 7 Kimball Lane, Lynnfield, AIA 01940 Telephume (617) 246-1000 To: Whom it May Concern From: Joseph A. Pavone ,Subject: Statement of Attestment I hereby attest that on November 8, 1985, I witnessed Richard Boynton place one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water: Prior to this the truck contained 2200 gallons of pond water on;y. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. Joseph A. Pavone FPIIf4 DCASMA Boston laundry detercierd net wt. ¢2 oz. (2 ib. 10 oz.) .. ��..- 1.19 kg. 7 .j,. . Eastern Technologies Ltd. November 13, 1985 Corporate Headquarters i Pinewood at Lymifield i Kimball Lane, Lynnfirhl, AIA 01940 Telephone (617) 246-5000 To: Whom it May Concern From: Donald Perkins Subject: Statement of Attestment I hereby attest that on November 8, 1985, I witnessed Richard Boynton place one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water. Prior to this the truck contained 2200 gallons of pond water only. The addition of the ."household laundry detergent" was done to comply with the Mil Specification requirements for testing. Ana Perkins DCASMA Boston Eastern Technologies Ltd. November 13, 1985 To: Whom it May Concern From: Richard Boynton Subject: Statement of Attestment Corporate Headquarters Pinewood at Lpnnfield i Kimball Lane, 1_ nnfield, 11.4 01940 Telephone (617) 246-1000 I hereby attest that on November 8, 1985, I placed one full box of laundry detergent (picture of box attached) into a prototype waste truck tank filled with water. Prior to this, the truck contained 2200 gallons of pond water only. The addition of the "household laundry detergent" was done to comply with the Mil Specification requirements for testing. The addition of the household laundry detergent was also witnessed by the following people: John Cody- U.S. Government Representative-TARCOM, Michigan Joseph A. Pavone- U.S. Government Representative- DCAS, Boston Donald Perkins- U.S. Government Representative- DCAS, Boston Mark Murphy- Eastern Technologies Ltd.- Lead Person 1 Richard Boy ton Chief Quality Control Inspector [20 ENDER: Complete Rents 1, 2, 3, and 4. ;,Add your address In the "RETURN TO" space on reverse. (CONSULT POSTMASTER EOR FEES) re following service is requested (check one). Stm y w whom and date delivered Strew to whom. dace. and address of delvery.. RESTRICTED DELNERY ........................... (TRO resRtefed deNrcry Rte Rr C4998d M addXon tri the remm maw Poe.) TOTAL S 3. ARTICLE ADDRESSED TO: / / 4. TYPE Of SERVICE:r ARTICLE NUMBER OREGPERED O INSURED 7IFIED ❑COD ❑EXPRESS MAIL . (Almy: obtain siOnatin d addresses or agent) I have received the artk:te described above. SIGNATURE' ❑Addressee ❑Authofted ape i rDATE OF DELIVERY POSTMARK ll �tVaan�evam We, DRESSEE'S ADDRESS (Only p rewwW 9 z 7. UNABLE TO DELIVER BECAUSE 78. EMPLOYEE'S L INITIALS 2 LU U a a w J W L/i 2 o m a a Ltd v Q k 'F�qq G V' a ttd r z m z cc u� cc m vQ D 8 CL N L c cc m cu y N n � P 159 680 456 RECEIPT FOR CERTIFIED MAIL +NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL • (See Reverse) S ent to. ����[p �,.,,,, u? ti/// Street and No. O P.O., State and ZIP Co a � o Postage $ ui * lCertified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Go Return receipt showing to whom, oT► Date, and Address of Delivery TOTAL Posfage.and Fees' ••: $ IL 1 r oPostmark or Date a CL v.11_LAAI-,4 V. DOLAN , I . , 'U(Insanl NORTH ANDOVER FIRE DEPARTMEN'i CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, MAU. 01845 D REPORT OF AN INCIDENT 8 NOVEMBER 1985 SHARPNER'S POND RD. INVOLVING EASTERN TECHNOLOGIES LTD. T0. (617) o 3:2 On Thursday afternoon Ms. Tracy Peters - Conservation Assistant- notified Fire Chief Dolan of an incident which occured on that afternoon, 8 Nov. 85,at Sharpners Pond Rd. The incident was repoxted to Ms. Peters by Officer David Rand of the No. Andover Police Dept. Officer Rand was informed by Officer Pickard who was performing a detail in the area. A copy of Officer Pickard's report is attached. On the afternoon of November 8th,with Ms. Peters in my office I called Eastern Technologies Ltd. , also known as Eastern Tank. I spoke with Mr. Jay Davidson and provided him with what information I had and informed.him that the State office of the DEQE had been already notified. Mr. Davidson explained that it was possible that the truck had been using soap suds and had discharged the water and suds into the "Watson's Pit" area. He declined my offer for him to talk with Ms. Peters. Shortly thereafter I received a call from Mr. Skip Waite - the owner of Eastern TEchnologies Ltd. -regarding the incident. He explained that they, the employees of his company, had indeed. discharged the contents of a tank truck into the area described in Officer Pickards report. The water.in the tank truck was for testing the tank. This vehicle was being procured by the'.U.S. Army•for future use as a waste disposal vehicle..'It was at this time brand new. He explained that the soap was added to the tank to allow a sensor in the tank to stay open. Mr. Waite stated that 42 oz. of "Sun Fr';esh" laundry detergent was added to the tank water. The soap supposedly is bio-degradeable and has no phosphates in it. I asked Mr. Waite if both Ms. Peters and I could visit the plant to see the operation and the area involved. He was agreeable to this request and also stated that the tank truck in question would still be on sight if we desired to see it. A tentative meeting with Mr. Waite, Ms. Peters and I has been scheduled f��r Tuesday morning November 12 at 9 A.M. in M.P. Ann Marie ee s offic e At 16:15 I spoke with Officer Pickard on the phone and asked him for a copy of his report of the incident. He said he would drop it by. On Friday morning Nov. 9 the report was on my door when I came in for work at 07:10. "SMOKE DETECTORS SAVE LIVES" • � 4 0) A copy of this report will be given to Ms. Peters and a copy sent to Mr. Waite. Any additional information will be added to this report with copies sent to the individuals involved. At the time of this report, 9 November 1985 - 08:15 I had not received any calls from the State Office of the Department of Environmental Quality Engineering. Date of this Report 9 Nov. !985 3 William V. Dolan, Fire Chief Hazarouse Waste Coordina-Lor 7. + NI".AOM �) , Off epod U y�r�y IU. F % n Jim � i • , � 1 . #�'k•'� + �i�.-,y-�{�yy yy.{�yy�I.jj 'jjy�}��j�}y��,� r� 4,,+�.. 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