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HomeMy WebLinkAboutMiscellaneous - 25 MARGATE STREET 4/30/2018 (2)2�5 0 'oo7 � b 3 � 1, p 'EC -z- 4 exr.. -,-7 ke. � ea--ry -'-6 FA C -FACl 4 Tits rz C- scAe-4 SS' ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2VAk#Or Nom Ate, 2. Article Number "T (Transfer from service labe/j PS Form 3811, February 2004 A. � ❑Agent ' X y " i ❑ Addressee B. Received by (Printed Name) C. Date of Delivery �t D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. irice Type Certified Mail [3 Express Mail ❑ egistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7002 0510 0000 08.93 9776 Domestic Return Receipt 102595-02-M-1540 UNITED STATES WA4`IEqgT-11111`+ii11111+ii !' 111 11911111161111 First -Class S41 ri itI f Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4 in this box • Nn MoKK Coqsm",Oh -VO- Afvi(y zo, 'SUR 2--�� Nom ova� kA 01 W2 'p PditR ♦Sal top of root RI 1h Boll m"5 '—SYS humus) MII91or.lightly A• o .be hny to ,.p remove air level °�6._. ..•�,ee s Pockets Fertilize epnng \ end loll Loosened soil NO MIX *In areas of high rainfall and heavy soil, plant higher yr*As, your garden supply dealer to recommend best humus and fertilizer .0 SHRUB AND VINE PLANTING GUIDE Remove metal or plastic container. 00 not remove burlap or pulp pot: Mound troll to loan b to mteln n" water .MO�ce 'p PditR ♦Sal top of root RI 1h Boll m"5 '—SYS humus) MII91or.lightly A• o .be hny to ,.p remove air level °�6._. ..•�,ee s Pockets Fertilize epnng \ end loll Loosened soil NO MIX *In areas of high rainfall and heavy soil, plant higher yr*As, your garden supply dealer to recommend best humus and fertilizer NORTI� O F4t` e� eo OL O A� 6 �t cocw iHi CONSERVATION DEPARTMENT Community Development Division July 16, 2012 Mr. & Mrs. Thomas and Linda Bailey 25 Margate Street North Andover, MA 01845 RE: ENFORCEMENT ORDER RELEASE - 25 Margate Street Dear Mr. & Mrs. Bailey: Per our meeting on July 11, 2012, the Enforcement Order and letter dated August 11, 2006 has been resolved. Your payment of the $2,500 fine, as determined by the chairman, has been paid. Thank you for your cooperation in this matter. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION 1 Je er Hughs Conservation Administrator 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com 1� 00. August 19, 2006 The Clerk -Magistrate, Lawrence District Court 380 Common Street Lawrence, MA 01840 Attn.: 21D non -criminal Dear Clerk -Magistrate, I request a hearing to contest this matter. Chronological events: RECEIVED AUG 2 2 2006 NORTH ANDOVER CONSERVATION COMMISSION 6/8/2006 - Received notice of a violation that grass clippings, branches and leaves were within Bordering Vegetated Wetlands. 6/9/2006 — Requested meeting with Conservation Commission. I was told they could not meet that day. I advised them I would be out of town on business the week of 6/12/2006 and on vacation the week of 6/19/2006. Meeting was scheduled for 6/26/2006. 6/11/2006 — Sent check for $200 for citation. 6/26/2006 — Met with Ms. Alison McKay of North Andover Conservation Commission. She seemed more concerned with areas that were not adjacent to my personal property. I explained I could only be responsible to clear the area adjacent to my personal property. I told her the vegetated wetlands existed because the Town of North Andover has a storm drain that captures run off water two streets above me and dumps it behind my property, a good 200 feet from the Shawsheen River but was told it does not matter what contributes to vegetated wetlands. So the town can create a water source adjacent to my property and then declare it vegetated wetlands. I requested Ms. McKay grant me an extension for clean up activities until 7/14/2006, which she granted. June 30 — July 1— Workers attempted to remove debris by hand but were unable to due to steep bank on hill. July 7-9, 2006 — Workers removed debris with backhoe. On or about 7/13/2006 — Ms. Alison McKay, North Andover Conservation Commission, viewed the area of cleaning and said things were progressing okay but was distraught over a death of a town elder and could not discuss further progress and would be on vacation the following week. 7/13/06 — Mid -August, 2006 — Waiting to hear back from Conservation Commission. August 11, 2006 — Received another notice. Notice states, "Upon noticing such disturbance, the Conservation Commission had mandated immediate temporary stabilization measures to include hay mulching of the slope and the installation of trenched silt fence and staked hay bales at the toe of the slope. This has been completed to date. However, NACC is not satisfied that the wetland resource areas will be permanently protected against erosion/impacts and is hereby mandating the following additionally action items under this Enforcement Order." This is exactly why they were requested to review the area after cleaning. They never provided details of what they wanted and I'm still waiting for direction of exactly what they want that will satisfy them. Working with them is like working in the dark. Now they state, "At this time the NACC has elected to levy a fine in the amount of $100 Per day retro active from July 14, 2006 until such time that the site is fully restored and adequately stabilized to the satisfaction of the NACC." I have, and continue to be, more than willing to resolve this matter with them. She was asked during her review after the cleaning what further needed to be done. No direction was given, which they still have not done. Instead they send me a notice of levy for $100/day and I must get a "qualified wetland specialist" to submit a buffer zone report no later than September 8, 2006 and restoration activities shall be completed by September 22, 2006, all while I'm suppose to be paying $100/day. This is nothing more than a grievous abuse of power by misdirected individuals that apparently have their own agenda. I cannot afford this absurdity, What's more ironic is that Ms. McKay, North Andover Conservation Commission, also has connections with a nature walk society in North Andover (not sure what the organization is called). She had appraised me on 6/26/06 this group would be clearing a trail the weekend of July 1, 2006, less than 20 feet from the area she's concerned with. They came in with weed whackers and tore themselves a clear path through the same "vegetated wetlands" she's concerned with. Why did the Conservation Commission condone this? Thomas L. Bailey 25 Margate Road North Andover, MA 01845 Cc: Town of North Andover Conservation Commission 1600 Osgood Street Suite 2-36 North Andover, MA 01845 NORSE ENVIRONMENTAL SERVICES, INC. 10 130 Middlesex Road, Suite 15 Tyngsboro, Mass. 01879 TEL. (978) 649-9932 - FAX (978) 649-7582 October 6, 2006 North Andover Conservation Commission 1600 Osgood Street Andover, Mass. 01845 Re: 25 Margate Street North Andover Ms. McKay; RECEIVE® OCT 13 2006 1� NORTH ANDOVER CONSERVATION COMMISSION As per our discussion and site visit on the above site, it is our understanding that the following actions should continue: 1. Install erosion controls at the toe of slope; 2. Excavate the end of the Margate Road to a depth of approximately two feet; 3. Fill the excavated area with rip rap stone 12" and less in diameter; 4. Construct a minimum of 18" berm at the rear of the distilling basin and cover with netting; 5. Seed the berm and allow it to naturalize. We believe this will contribute significantly to the protection of the resource areas and slow the runoff velocity from the street drainage Please contact me if you have any questions. Sincerely Steven Eriksen TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. Eugene P. Willis RE Director of Engineering November 8, 2006 Allison McKay North Andover Conservation Dept. Osgood Landing North Andover, MA. RE: 25 Margate St. Telephone (978) 685-0950 Fax (978) 688-9573 Dear Allison: Per you request, I went by 25 Margate St. to inspect the installation of a settling basin and berm at the west end of Margate St. I offer the following comments: 1. The berm that was to be installed on the west side of the settling basin did not continue far enough to the south. It was to be built as far as the birch tree with the surveyor ribbon attached to it. 2. The size stone is 3/4" when 8" minus riprap was specified. This smaller stone will clog with sediment over time and will be removed by plowing operations in the winter. Sincerely, Eugene P. Willis, P.E. Director of Engineering Cc: File DATE AND TIME OF CALL: NAME: FIRM/AGENCY: SUBJECT: �7g. fo`i9 �7 71e 6 C PROJECT LOCATION: TELEPHONE #: P4(- 6+ ,C l 1 CD oA p 170— c DATE AND TIME OF CALL: NAME: FIRM/AGENCY: SUBJECT: PROJECT LOCATION: TELEPHONE #: DATE AND TIME OF CALL: NAME: FIRM/AGENCY: SUBJECT: PROJECT LOCATION: TELEPHONE #: North Andover Conservation Commission Site Inspection Sheet Dep File # 242 - does not have permit with Conservation Commission Date: Address: Agent/Representative/Owner present: Findings: North Andover Conservation Commission , Site Inspection Sheet Dep File # 242 - does not have permit with Conservation Commission Date: Address: Agent/Representative/Owner present: Findings: X11 �� J --�Ioo , 4-c +�e- -,luly 19 N o IDO �a-js low rrAA � �►O (� tsC,U.rSsf ��� (� W ��"f irT 1 � is A-0 d e� o� o� I IDV Q' rG-T, � i',�L fm- �f-,)y �y/ a��6 (,�,n��` s� �I T,1) C �a 4AZ, r 1/ rW-4�'Zd �? � �r - �- t s -��- y � o4 f�,- NA G, Nom be - Il — I a l d S Skims �;S `s. '�D Conservation Commission Special Meeting Minutes November 29, 2006 Members Present: Scott L. Masse, Chairman, John J. Mabon, Deborah A. Feltovic, Joseph W. Lynch, Jr., Louis A. Napoli. Members Absent: Albert P. Manzi, Vice Chairman, Sean F. McDonough. Staff Members Present: Alison E. McKay, Conservation Administrator, Pamela A. Merrill, Conservation Associate, and Donna M. Wedge, Conservation Secretary. Meeting came to Order at 7:10 P. M. Quorum Present Joseph W. Lynch, Jr., arrived at the meeting at 7:30 P. M. Pledge of Allegiance General Business NACC # 10, Modification & COC Reguest, 41 Saile Way (Contemporary Builders, Inc )(Eight Meadows Realty Trust)(cont. from 11/15/06) No one was present. Mr. Masse left the room because of a conflict of interest. Mr. Masse elected Mr. Mabon as Chairman. Ms. Merrill stated that at the last meeting the Commission voted to continue the item to allow the applicant to record the Order and in lieu of posting the performance bond, the applicant was required to post wetland makers along the Planning Boards 75 -foot Conservation Zone associated with the Lake. The Order was had been recorded; the wetland markers were placed along the approximate edge of the 75 -foot Conservation Zone and the current homeowner signed the affidavit. A motion to issue the modification adopting the as -built plan as the modified plan and record plan was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. A motion to issue the COC was made by Ms. Feltovic, seconded by Mr. Lynch. Unanimous. 242-878, 1895 Great Pond Road (Yameen)(Merrimack Eneineerin2 Services Inc.) The applicant, Kenneth Yameen, was present. Ms. Merrill stated that the Order was issued in October of 1997 for the construction of single-family dwelling with associated appurtenances within the Buffer Zone to a BVW and within the Watershed Protection District. The entire house was located outside of the Buffer Zone. The Order approved 540 s. f. of permanent wetland alteration in order to construct a portion of the driveway. The applicant was required to mitigate 1,100 s. f. The replicated area was built at 1,196 s. f. The applicant was also required to install 6 bird boxes adjacent to the replication area, which were installed. Epsilon Associates prepared the seasonal monitoring reports for the replication area with the final report stating that the mitigated area exhibited at least 75% wetland cover and was also experiencing standing water. They concluded that the replacement area would eventually develop into viable wetland area. Ms. Merrill stated that she concurred with these findings. Wetland markers and No Snow Stockpiling signs were posted as required. All disturbed areas were stable. Mr. Mabon asked why the replication area was needed. Ms. Merrill indicated that it was as a result of the driveway crossing. A motion to issue the COC and release the bond was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1335, COC Request, 72 Paddock Lane (Delaney) (Merrimack Eneineerin2 Services, Inc.) The applicant, Mrs. Maggie Delaney, was present. Ms. Merrill stated that the Order was issued in July 2006 for the upgrade of a failed septic system within the Buffer Zone to a BVW. There were no special conditions associated with this project. An inspection was conducted at which time all disturbed areas were observed to be stable. The as -built plan complies with the approved plan. A motion to issue the COC and release the bond was made by Ms. Feltovic, seconded by Mr. Mabon. Unanimous. 242-1358, COC Request, 514 Winter Street (Guerrera)(Merrimack Eneineering Services, Inc.) No one was present. Ms. Merrill stated that the Order was issued in July of 2006 for the upgrade of failed septic system within the Buffer Zone to a BVW. Wetland markers were placed along the wetland boundary as the lot pre -dates the wetland setbacks and waivers were granted to complete the work. A site inspection was conducted at which time all areas were stable. The as -built plan complies with the approved plan. A motion to issue the COC and release the bond was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1188, COC Request, 211 South Bradford Street (Hurlev)(Hancock Associates) The applicant, Michael Hurley, was present. Ms. McKay stated that the Order was issued in April of 2003 for the construction of a garage with an attached breezeway, an additional walkway, driveway alteration, and infiltration basins located in the Buffer Zone to a BVW and within the Watershed Protection District. Work was completed in accordance with the Order and the site was observed to be stable. The stormwater system recharge system was installed and is functioning properly. An as -built certification letter was submitted by a P. E. The as -built plans are in compliance with the approved plans. A measurement from garage was taken and verified in the field as accurate. Monitoring reports were submitted throughout construction and wetland markers are posted. The Order also required enhancement plantings to be monitored for two complete growing seasons. The plantings were installed in the spring of 2004 and have successfully survived the two growing season requirement. In June of 2004, the applicant had requested a COC, however the department denied this request administratively as the plantings had not survived the two growing seasons and site was not yet adequately stabilized. In September of 2004, the applicant had requesting a partial bond release of $4,000 of the total $5,000, leaving $1,000 to remain until the enhancement plantings survived the second growing season. In addition, the catch basin was inspected and documented by a P.E. that it was free of any accumulated silt and debris as required. The applicant was requesting a waiver from the COC filing fee and had submitted a letter for this request. A motion to deny the filing fee waiver was made by Mr. Mabon, seconded by Ms. Feltovic. Unanimous. A motion to issue the COC and release the bond was made by Mr. Mabon, seconded by Ms. Feltovic. Unanimous. Town Meeting -Warrant Articles Ms. McKay stated that Town Meeting Warrant articles would need to be submitted by January 5, 2007. Enforcement Order Follow-ups Mazurenko Farm Locust Trail -Friends of North Andover Trails Mr. Mabon stated that the Friends of North Andover Trails group were successful in the completion of the Locust Trail at Mazurenko Farm in accordance with the approval project plan. Mr. Mabon indicated that she spoke with Ms. McKay in this regard and they felt it appropriate to consider an article in the paper. 25 Margate Street Ms. McKay stated that the owner had complied with the EO and that she was satisfied after much effort. Mr. Napoli agreed, indicating that he was there on a Saturday morning to make sure the final stabilization efforts were properly conducted. Ms. McKay stated that the fine of $100.00 a day from for 120 days came to $12,000. Ms. McKay stated that the applicant wishes to negotiate the fine. Mr. Masse stated that the fine would stand as is. Request for Attendance- Zoning Board of Appeals Meeting Re: Merrimac Condominiums Ms. McKay informed the Commission of this meeting to be held on December 19'h at .7:00 p.m. at Town Hall. Mr. Masse took a poll for attendance. Mr. Masse requested that the meeting be posted as a public meeting in case a quorum was present. Public Hearings None 4 Decisions 242-1357, 0 North Main Street (Downer Brothers Landscaping)(New England Engineering Services, Inc.) No one was present. Ms. McKay presented the denial. Mr. Lynch stated that the Commission had given the applicant the opportunity to withdraw with out prejudice at any point. The opportunity was never taken and the applicant came back with significant changes months later. Mr. Lynch stated that the denial was based upon the lack of information and the lengthy continuances. Mr. Lynch stated that at initial hearings the applicant was asked if the lot was even buildable and whether or not the project would need a variance/special permit from the ZBA. After many months, the applicant now presented that they would need to appear before the Zoning Board. Mr. Lynch also questioned whether or not the site was buildable considering that the proposed project was submitted just prior to the May flood event and the site was observed to be completely under water at that time. Mr. Lynch discussed that the applicant had been storing equipment on the site for a while, which should be addressed in an Enforcement Order (to remove materials and to stabilize the site with hay bales and silt fence). A motion to deny the project for the reasons stated above was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 242-1374, 60 Willow Street (Rohm & Haas Electronic Materials)(Merrimack Eneineerine Services, Inc.) No one was present. Ms. McKay stated that conditions included, a $3,000 bond, a pre -construction meeting, submission of a revised O & M plan to be recorded at the Registry of Deeds, Environmental Monitoring on site for any dewatering, submission of weekly monitoring reports, signs for No -Snow Stockpiling and No -Salt, the revised O & M plan would be in perpetuity, work to occur between June and October, fence replacement within the same footprint, etc. Mr. Lynch stated that no cars were to be parked on grassed areas near wetlands on the site while the work was being done. A motion to accept the Order of Conditions as amended was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. A motion to adjourn the meeting at 8:15 P. M. was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. TOWN OF NORTHANDOVER NOTICE'C''F VIOLATION OF WETLAND BYLAW Q� Inable to obtain signature of offender. Date Mailed Q Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $±1<. , k , i YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO ° DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person :between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office. 27 Charles Street, 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 v� OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The. Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you.fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ CB. I HEREBY REQUEST a non -criminal hearing on this matter. Signature OFFENDER'S COPY YELLOW: CONgERVATION COPY PINK: POLICE COPY GOLD: CO RT COPY DATE OF THIS NOTICE j NAME -OAF OFFENDER ADDRESSOFFENDER ;� 9 till, � ° [# C- C'. f CITY'SZIP jCODE A+yi4i v e t ojl I I k I/S DATE OF BIRTH OF OFFENDER -- MV OPERATOR LICENSE NUhYBER I MV/MB REGISTRATION NUMBER OFFEJJSE: / f t _ r j� , j t a IA/4Cn��Gtc [c,l iA-�,t` 1! stiff cv+�f, jf : TIME AND DATE OF VIOLATION (A.M.) (P.M.) ON I t/► 20 !r C LOCATION OF VIOLATION f - AT M.,<. C, ti:. �} ( -C iv `SIGNATURE OF ENFORCING PERSON - ENFORCING DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION " X J`a e Q� Inable to obtain signature of offender. Date Mailed Q Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $±1<. , k , i YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO ° DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person :between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office. 27 Charles Street, 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 v� OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The. Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you.fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ CB. I HEREBY REQUEST a non -criminal hearing on this matter. Signature OFFENDER'S COPY YELLOW: CONgERVATION COPY PINK: POLICE COPY GOLD: CO RT COPY Lr �r - is"" fr a`r .. �5`�h+ IC v 0 .���, { � tt,,,,L �i 7 •• ,tom' wQ � .n ',c� ■ �. { ��� 'S.� • � 1 !Ev l,'.+ -r •x:.. „„e. ,a : i ti [' •-µ M }prri ' �' } �` • a �� ,Ci ,1_ sk'�.: to ' .i+ � - an, ti.r-.. "�'� ,� Y , � 'Nl�"' -*'* ', .. 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"'T� � his - rv•�, 4 ] ,� �. y�� y' • �g'' s .i.wa cwt ri y���_ ., "y _ _ �r'► w- �ZY 4}�p• -y j� �(i �,� i s `-tel •'+ aL' s. �a • t '4. - $+' z _:,'.' s 16 y,y I� I y� `.K3{- 9; - ss 4 f, � =_ k- ' �` •� � Jri�r•^iy��... S. �:R' �. ti -"` ,•� Ll� � '�. + + 4 � .. =r: .�j [,gyp. - � +�+�+ -10- s If, ,"rro►h, ter} ;'��� ' !�t4 �. �? � � '•rl �., i�" •�""S 4'* _', �c ��.�- `g+A"�v3C`.nf��""` j^ * � 4'afi= •.,t� .� ,.� - c y� .I rJ��' .ta"f� Y w ,we' � ^' � .•' � 9 *:;� �u� ,� '�"�� -•:- +w. ..sem cr rT=^'r `• " •�R j 6 t�� _ T., _l _ _ _� _•_� • TT" p � 41 n- t: 71 ,Y �+ `•; , W WP , o '� � t j� 1 � �( �o�C o; � Y , �`S`�s~�_ � `. a_.� . _ G Y y i A A / Plaintiffs Peter & Kelly Breen by their attorneys, 1 , R Donald F. Borens B.B.O. #566810 1 LAW OF FICA OF , } MARK B. JOHNSON 12 Chestnut Street Andover, MA Q 1810 A (978) 475-4488 f R 4 May, 2005 V 1 1 A A V + Y A x r , r R 1 1 4! M ; r 9 # 4 t A , 9 Y 1 } 1 i A � / f s } I r 4 r s Y R r R 1 1 1 + A � A / r 1 # Y, Y r Y • f f 4 b r t f . + V • r V 1 r r 6 v F:\New-Docs\Breen-Peter\04-:38 N.A. Con Comm Bylaw Appeal -Lot 6 Ogunquit Rd\memo of law.doc 1 i 1 Y Y l c 0 , a , Commission meets with a quorum present." The North Andover Wetlands Protection Bylaw empowers the Conservation Commission to establish rules and regulations governing its affairs. North Andover Wetlands Protection Bvlaw, , } Section 178.9. Under the Commission's Wetlands Protection Regulations, "A F ' quorum consists of a majority of the Commission Members who are serving in , , office at the time a vote is taken by the Commission.' Section 1.6. A majority vote►of the quorum shall constitute a decision of the Commission. Id. i " On September 22, 2004, `the North Andpver Conservation Commission consisted of five members, each of whom are the Defendants in this action. While Commission Member Lynch's vote was` invalid, the three voting members constituted a quorum of the Commission. Since a two member majority of the quorum voted in favcr of the Order of Conditions, the Conservation Commission ! h # .was in error in issuing Mr. and Mrs. Breen a denial and its vote had the effect of approving the application. , IV. Conclusion , Y ! , For the reasons set forth above, Peter Breen and Kerry preen respectfully Y iS ► request that the Court enter Summary Judgment in their favor, and order the North N , Andover Conservation Commission to issue an Order of Conditions approving the e project as described in their Notice of Intent, as there exists no genuine issue of material fact and Plaintiffs are entitled to judgment as a matter of law. , # , , Respectfully submitted, F:\New-Docs\Br5en-Peter\04-538 N.A. Con Comm Bylaw Appeal -Lot 6 Ogunquit Rd\memo of law,doc 4 r, , Y , R , # ,l o., �. ,y,t ' • a "yam ,,.. ar ,� r; w., , i "' � ? �� U' �� ' ry�"^�i'•� � e"1°' ,,,t�`, ' �G u, � s Ili' a i r•T�'lr � tjx+�� _.�.. "4 ' i 1` �" �. � "� ��'+rs i � � 1'! — �'' �r of •r r t1 a� � � � k �w � � t`' p7 �^.F]� � 16 f 7 a,J � .?� stw.r�"''..; fill ' " JFt r,r '1 ° ^ %I� \S.y i .. Mt �` ' �y t ► fly '"yt �y: f_ - ' 1 7itr -�e� 4r. ` �,• � f�� a x �'i k 1 „J,r ''� t'' r* _. . s Aizlkv ate,! r ry VN r t.... - ,�u°r�y,'a ��.y��' - - 1, � �i.�l i'i •'� F,:��,y� t�._.r '�.. s . ,I. ry4F,� a f' F -LT •�r 1,! f� fi � �. -.i, '�j � _ 7 '"�1 .�_ - 'c, iY7 4i 1 q u '� "�.:w � .MS% .r -'i ;-. ,�,�gwi� � '.� � C 7t 't •' �d M , q 0 11 '71 - 44-911. �} a -z�.1 » �y r..` a} �� ' � �y .{'•" awl °e u�. � � . � 1 _ � � -�4 o "' a +SAY :�.aa-'�• t•g "�""- `- » � - . lip -41 GN AM J li O s ! � ��� � � . , ..�, �`� _ � fir. - ar, +r•;k,,,�a ,'R - tr • 1 y , 9 �-'il�b 4 -ii.E�y�:i-i�i�•�4 �'�$�4�'t��'�'''� �°-"'� �?�I�r t THOMAS J. URBELIS e-mail tju@uf-law.com Conservation Commission North Andover Town Offices 400 Osgood Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 May 10, 2005 RE: PETER & KERRY BREEN VS. TOWN OF NORTH ANDOVER Dear Members of the Commission: Andover Telephone 978-475-4552 RECEIVED MAY 1 1 2005 qtt) NORTH ANDOVER CONSERVATION COMMISSION Enclosed please find copies of - 1. Motion for Summary Judgment; and 2. Memorandum in Support of Plaintiffs' Motion for Summary Judgment Very truly yours, Thomas J. rbelis TJU/kmp Enclosure cc: Scott Masse, Esquire s: \wp51 \work\n-andove\corresp\conscom.ltr-breen. doc AUG -i31-2006 11:16 AM NORSE.ENVIRONMENTAL 9786497582 Norse Envlironmental Services, Inc. 130 Middlesex Road Suite 15 Tyngsboro, MA 01879 Phone: (978) 649-9932 Fax: (978) 649-7582 P. 01 ngUECEIVED AUG 3 12006 NORTH ANDOVER CONSERVATION COMMISSION Fax Transmittal Sheet TO: Company: �o r`I � AY &ILg6 Ccroserv� �u M � Jdi tn., Atter: j� s u� M c. k, Fax Number: 71607 8` IS -4 � Total Pages: FROM: Mame: Date: COMMENTS: �6rj P� Succesday Fax'd/ Date/initial AUGe31-2006 11:17 AM NORSE.ENVrIRONMENTAL 97864975$2 August 31, 2006 NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 16 Tyngsboro, Mass. 01879 TEL. (978) 849.9932 • FAX (978) 649.7582 Alison McKay North Andover Conservation Commission 1600 Osgood Street North Andover, Ma, 01845 Re; 25 Margate Street Ms. McKay; P. 02 WEIVE® AUG 3 1 2006 CONSROVgANDOVeR r ON COMM SSIO N We have attached an erosion mitigation plan for the above property in response to your Enforcement Order. The owner would like to begin the work as soon as possible. Should you have any suggestions, please let me know and we will incorporate them into the plan. I believe that this approach will be the most suitable for stabilization of the site, Thank u. Steven Eriksen AUG -41-2006 11:17 AM NORSE.ENVIRONMENTAL 9786497582 P.03 ! NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 16 ' tyngsboro, Mass. 01879 TEL. (978) 849-9932 - FAX (978) 649.7382 EROSION MITIGATION PLAN FOR MARGATE ROAD NORTH ANDOVER August 30, 2006 ftcely''e® AUG 3 12006 Cftjj VAT ON �o vER "MISSION The property located at # 25 Margate Street received an Enforcement Order from the North Andover Conservation Commission on June 6, 20006. The violation was for dumping of landscaping debris along the rear slope of the property. The owner removed this material, and in the process exposed soil along the slope. Much of the underbrush has been cleared on the site, resulting in slopes with heavy runoff potential and possible erosion into the bordering wetlands. The goal is to mitigate the erosion potential and restore the site as much as practicable. EXISTING CONDITIONS The site slopes steeply, with as much as a 1:1 slope in some areas towards the Shawsheen River to the west of the property. Before disturbance and based on examination of nearby tracts, the vegetation consisted of typical New England species such as White Ash (Fraxinus americana) and Red Maple (Acer rubrum) in the upper story, and immature specimens in the understory. Japanese Knotweed (Polygonum cuspidatum) was fairly well established and covered most of the site, Young shoots of Knotweed are still sprouting. staked haybales were provided along the base of the slope to prevent erosion into the adjacent wetland area. Although this measure is adequate to prevent siltation and erosion directly into the Shawsheen River and the bordering vegetative wetland, there is not enough plant growth for erosion control under existing conditions. SOILS The soils on site have been mapped by the USDA -- SCS (1989) as Charlton fine sandy .loam, These deep, moderately sloping, well drained soils are mostly in rectangular areas on the lower slopes of hills and ridges. The areas range from 5-20 acres, and are typically smooth and convex, and are 100-400 feet long. AUG -31-2006 11:18 AM NORSE.ENVIRONMENTAL 9?86497582 F.04 The permeability of these soils is moderate or moderately rapid, and available water capacity is moderate, The rooting zone extends into the substratum. The erosion hazard is moderately severe. The actual soil conditions consists of a disturbed topsoil and fill material along the entire slope. It is not a Charlton soil, though this may be the underlying substrate. MITIGATION MEASURES Under existing conditions, the Knotweed is sprouting rapidly, and significant stands of it still exist. Despite the fact that it is an alien and invasive specie, removal of this material would further destabilize the slope. Furthermore, the only way to eliminate the plant is through repeated herbicide application. Under the circumstances, it would be best to allow the remaining material to stay in place. It is very likely that it will spread over the entire slope within a year or two. To prevent additional erosion, we have instructed the owner to immediately overseed the area with a grass seed mix. This time of the year is conducive to rapid sprouting of grass seed. In addition, we would propose a straw geomat material be stapled in place over the disturbed areas. This prevents dessication, slows runoff velocity and enhances seed germination. The straw net is a straw matrix stitched with a biodegradable thread. After application to the disturbed area, the straw blanket will help to protect seed, retain soil moisture, and enhance seed germination. Due to the woven mesh size and quick degrading netting, there is little risk of wildlife entanglement. (An appropriate product is available from North American Green, 14649 Highway 41 North, Evansville, Indiana 47711— telephone 812-867-6632) The threads biodegrade within one year. In addition to the seed mix and straw netting, it is recommended that some native trees be planted at the top of the slope. Native species are less likely to require watering or maintenance, and have already proven hardy in this area. These could provide cover or habitat for wildlife. Some fairly fast-growing species which should do well on this relatively dry site.include the following: TREES Gray Birch (Betula populifolia) Eastern White Pine (Pinus strobus) Quaking Aspen (Populus tremuloides) White or Green Ash (Fraxinus americana or Fraxinus pennsylvenica) It is my opinion that the use of shrubs along the slope would be fudle, as the Knotweed would likely shade and overtake the shrubs. Trees however, will rise above the knotweed and could even shade the knotweed reducing its growth. AUG -$1-2006 11:18 AM NORSE.ENYIRONMENTAL 9T8649T582 P.05 Six (6) trees any combination from the above lists (based on availability and cost) shall be planted equidistant along the top of the slope, At the end of the roadway there is a concentration of runoff that has created a channel. This is the natural runoff pattern, and it would be difficult or impossible to control this runoff without the installation of a drainage system. We would propose that some stone rip rap be installed within the channel to reduce runoff velocity. It should be noted that this area is not the property of the landowner, but is probably the property of the Town of North Andover. The installation of a small amount of rip rap should not create a problem, but it is something we will discuss with the Town Engineering Department, SITE MONITORING The order requires all work be performed by September 22, 2006. It should not be difficult to meet this deadline, As noted, the owner was instructed to spread grass seed immediately, and installation of the matting will take only a few hours. On receiving permission from the Commission to perform the work, the owner can complete the mitigation within a very short period of time. As is standard with the North Andover Commission, we would expect weekly inspections to be performed by this office with reports to you on Monday of each week. AUG -31-2006 11:19 AM NORSE.ENVIRONMENTAL 9786497582 P.06 CONSERVATION DEPARTMENT Community Devolopment Division August 11, 2006 Mr. & Mrs. Thomas Bailey 25 Margate Street North Andover, MA 01M RE: ENFORCEMENT ORDER: Property at 25 Margate Street - Map 26 Parcel 11 Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and the North Andover Wetland Protection ByLaw (078 of the Code of North Andover). Dear Mr. & Mrs. Bailey: As you are aware, the North Andover Conservation Commission Department issued a violation notice to you on June 6, 2006 for the ongoing dumping of landscaping debris (grass clippings, branches, leaves, etc.) at the end of Margate Street. These materials were found to be within the boundaries of jurisdictional Bordering Vegetated Wetland (BVW) resource area associated with the Shawsheen River. In addition, some of these materials were located within the 25 -foot No. Disturbance Zone jurisdictional pursuant to the North Andover Wetlands Protection Bylaw, The aforementioned violation notice required an immediate cease A desist on dumping activities, proper removal and disposal of the identified debris, appropriate restoration activities of these areas, and the installation of no dumping signs. In addition, a fine in the amount of $200 was levied by the Conservation Department. These compliance efforts were to be completed by no later than July 14, 2006 as discussed during our on-site meeting held on June 26, 2006. While the majority of the previously mandated items have been met to the satisfaction of this Department and North Andover Conservation Commission (NACC), other items have not and still remain in violation. Specifically, instead of just removing the landscaping materials by hand from the existing steep embankment as required, your landscapers had removed all of the existing vegetation from the embankment using a backhoe leaving it fully exposed and highly susceptible to erosion. Although much of the vegetation on the slope was previously identified as Japanese Knotweed (Polygonum cuspidatum), an invasive species, you were not directed to disturb this area to the extent at which it was disturbed, Upon noticing such disturbance, the Conservation Department had mandated immediate temporary stabilization measures to include hay mulching of the slope and the installation of trenched silt fence and staked hay bales at the toe of the slope. This has been completed to date. However, the NACC is not satisfied that the wetland resource areas will be permanently 1600 Osgood Street, North Andover, Mossochusetis 01815 Phone 918.688.9530 Fox 918.688.9542 Web www.townofnorthandover,com AUG -r31-2006 11:19 AM NORSE.ENVIRONMENTAL 9786497582 P.07 protected against erosion/impacts and is hereby mandating the following additional action items under this Enforcement Order: • The applicant shall submit a buffer zone restoration report prepared by a qualified wetland specialist to the NACC for review and approval in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed buffer zone restoration activities including the sequence of work, buffer zone planting 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. This buffer zone restoration report shall be submitted to the Conservation Department for review and approval by no latex than Friday September 8, am • Following review and approval of the restoration report, restoration activities shall be conducted by a qualified wetland specialist by no layer i an EdftSepteo ear 222, ok. • Upon installation of the approved restoration plantings, the Conservation Administrator shall be contacted to schedule a site inspection to inspect the plant stock and to assess site conditions. • A qualified wetland specialist shall monitor the restoration plantings for two complete growing seasons following installation. Spring and fall monitoring reports must be submitted to the Conservation Department for review. • The applicant shall be responsible for replacement plantings should any plantings fail to meet the 75% success rate prior to the completion of the two year monitoring period. The violations as documented herein are subject to a $100 per day per 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 the NACC has elected to levy a fine in the amount of $100 per 4V retm active from Tuft 14.206 until such tiim that th. t site is LVft reftW and adegga ly stabilized to the sloth ion of thS NACU (eee gspc gmd ticked• However, the NACC reserves the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 5.40 and the North Andover Wetland Bylaw, C.1.78 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. Your anticipated cooperation is appreciated. I In accordance with the provisions of MGL c:.40 9.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/REV ( taber 1998/Amended 9/10/03) 1600 Osgood Street, North Andover, Mossochusetts 01945 Phone 978.699.9530 Fox 919.688,1541 Web www.fownofnorthan4over.com AUG -31-2006 11:20 AM NORSE.ENVIRONMENTAL 9786497582 Sincerely, L Alison E. McKay Conservation Adm6trator End. CC: NACC Curt Bellavance, A1CP, Community Development Director Pamela MerriU, Conservation Associate MA Department of Environmental Protection, NERO File 1600 Osgood Street, North Andover, Mossorhusetts 01845 Phone 911.688.9530 Fox 978.688.9542 Web www.lownotnorthondorer(om AUG731--2006 11:20 AM NORSE.ENVIRONMENTAL 9786497582 Massachusetts DePartment of Environmental Protecdon Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IntportaM: When filling out forms on the computer, use only the tab key to move your cursor - do not use the returnkey. A, This Enforcement Order Is issued by: To: North Andover �-..: Conaarvatlon commission � (Issuing Au—ftrii -- Date P. 09 DEP rfle Number: Mr, s Nmns of vld" 25 Maroete Street, North Andover, MA 01845 AddINS Location of Violation: Property owns► (N affemm — 25 Ma ate Street— atrW Add(ase North Andover_ 01845 CMyrrown —_. Zip Ceft. Map --- ...... Parcel 11 -- Aaenwm McWPiat Numbu Per Kat Number 2. Extent and Type of Activity (If more space is required, please attach a separate sheet): This Enforcement order is being issued as a mechanism to perform restoration activitloss within the buffer zone to a Bordering Vegetated Wetland (BW4) and the 200 -toot Riverfront area of the Showsheen River. plena see the attached letter prepared by the Conservation Department, dated August 11, 2008 fora ftlonat information._—•. - B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 beWls being conducted in an area subbed to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Osier of Conditions or Negative Determination). wppA"em,dw - io. 11140 Vies 1 at 4 AUG731-2006 11:20 AM NORSE.ENVIRONMENTAL 9786497582 P.10 Maaeachusetts Department of Environmental Protection DEP Flle Number. Bureau of Resource protection - Wetlands WPA Form 9 . Enforcement Order Mass achuhetts Wetlands Protection Act M, G. L. C. 131, §40 B. Findings (cont.) ❑ the activity has been/Is being conducted In an area subject to protection under c. 131,140 or the buffer zone in violedon of an issuing authority approval (i.e., valid Older of Conditions or Negative Determination of Applicability) issued to: Nemo - -- —�- Doted Fps Number Condition ritummmW(ta)� - Q The Order of Conditions expired on (date): Date ..I. -----------.—,— [3 I._--- -----.— ❑ The activity violates pmvislons of the certificate of Compliance. ❑ The activity Is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): 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 any activity affecting the Buffer Zone and/or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. September 8, 20M ® A restoration pian shall be filed with the Issuing authority on or before Dde for the following: Restoration of the exposed steep embankment within the 25, No -Disturbance zone and Riverfront area to the shawsheen River. See attached letter dated August 11, 2006_for details:„ The restoration ehali be completed In accordance with the conditions and timetable established by the issuing authority. wp@%Mft.an • ra. 7114M aap. 2 014 AUG, -31-2006 11:21 AM NORSE.ENVIRONMENTAL 9786497382 P.11 Manachusettg Department of Environmental Protection DFP Fh Number. Bureau of Resource Protection - Wetlands WPA Form 9 Enforcement Order - Massachusetts Wetlands Protection Act M. G.L. c. 131, §40 C. Order (corn) [] Complete the attached Notice of Intent (NOI). The N01 shall be filed with the Issuing Authority on or before: oris for the following: 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 (e.g., emsionlsedimenWAlon controls) to prevent further violations of the Act: See attached letter dated August 11.2006. _ 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 -Ave thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appea1913lgnshilres An Enb vement 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 Ofder should be directed to: Alison S. Molly, Conservation Administrator Nene 978.686.9530 Phoeo Nufnbel Monday..- Frida8; am to, 4:30pm ...,_ r,. r ..-- —... _..,....... _ ......... ___...._—_ __ HourWDap Ave t le issued by: North Andover Consefvadon Commission— convermbn commleolon Conservation Commission signatures required on following page. wpdwm#a,da0 • w. 71140 ft"301d d AUG731-2006 11:21 AM NORSE.ENVIRONMENTAL 9786497562 R.12 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. J31,§40 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the '7003 logo 000 i 077/ gro,;za signature of delivery person or certified mail number vWAfgrm%.ftc • rev. 7114IN P.4".1 of 4 AUG;31-2006 11:22 AM NORSE.ENVIRONMENTAL 9786497582 P.13 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW *T le•T�.d Am A u►3f; 0. 20C;.�;H E MID CATrl OF w� ' (A.M.) (P.M.)ON 20 pC =Atfotl OF VICLATKIN OF PNFOPCItp #r„ NO Kf Ai E8 ACKNOWLEDGE -:-PT OFT E FOREC301NO CITATION Ofe to oftin signature of offender, Dow Mailed 0 ClNedon mailed to offender foo /A fir•• 1,Y IE FINE FOR THIS NONCRIMINAL OFFENSE 18 l+ IU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO POSITION OF THIS MATTER. (1) You may woot to pay the above Ons, dfher by apMft In Pereon t (ween 8:30 AM, end 4:3D P.M.. Monday through Friday. Napa holidays 1 •eptad. before: The Conservation Office, 27 Charles Sheet. Norm clover, MA 0/646 OR by masknp a d+ . money order or poets► note to I I Conservation Office WITHIN TWENTY-ONE (9 1) DAYS OF THE DATE ' THIS NOTICE, This win operate as a final dlspDainon of the maltar. with reeuisnp crtmunal maid, (2) It you desire to contest this mater In a non -criminal pieces", you THIN TWENTY-ONE 120 DAYS OF THE am THIS NOTICE TChalon The Clerk-Magletrete, LowronCe District Court 780 Comnron St. Lawrence. MA 01840 ATTN: 210 non-crInOnal (3) It you las to pay IM about One of to appear as spedfled, a crimtnfu rolamt may be Issued against you. A. I HERESY ELECT the Lint option above, confess to the ohm J charged, and enclose payment In the amount of I 8.1 HEREBY REQUEST a non•c►Iminar hearing on 1his matter. Insture � WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY AUG. -31-2006 11:22 AM NORSE.ENVIRONMENTAL 9786497582 P.14 Specific guidelines for proper erosion control blankets and turf reinforcement mats are outlined in the pages that follow. Here are it few brief basics common to all successful blanket and mat installations: 1. Prepare the seedbed by raking, seeding and fertilizing. Z. Use trenching and anchoring procedures to secure any exposed material ends. 3, Keep material in solid contact with the ground. 4. Use the required number of staples. 5. Secure all product overlaps. 6. to slope and channel applications, overlap material in the direction of water flow. SLOPES 1. Prepare soil before installing blankets including any neeeisary application of lime, fertilizer, and seed, 1. Begin at the top of the slope by anchoring the blanket in a 6' (15cm) deep x 6" (1 Scm) wide trench with approtamotely 11" (I Ocm) of blanket extended beyond the upalope portion of the trench. Anchor the,blonket with a row of staples/makes approximately 12" 130cm) apart in the bonom of the trench. Backfill and compact the trench after stapling. Apply seed to compacted soil and fold remaining 11" ( 3ocm I portion of blanket beck over seed and compacted soil, Secure blanket over compacted soil with a row of staples/stakes spaced approximately 1?" ( I0cm) apart across the width of the blanket. 3. Roll the blankets (a) down or (b) horizontally across the slope. Blankets will unroll with appropriate side against the soil surface. All blankets must be securely fastened to soil surface by placing staples/stakes in appropriate locations as shown In the staple pattern guide. When using optional Dot System". staples/stakes should be placed through each of the colored dots con'esponding in the appropriate staple pattern. A. The edges of parallel blankets must be stapled with approximately S. Consecutive blankets spliced down the Slope mum be placed end over end ( shingle style) with an approximate 3" ( 7.Scm) overlap, Staple through overlapped area. approximately 11" (I Urn) apart Mass entire blanket width. rt b &war Mopes 8' l 1.75 91eoln pM M ya For deeded spealie rEeentmendsooni. contact Your nearer authorized North Amencen Green distributor or call nonh Ama►Iwn Green Technical Srrviees. NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 15 Tyngsboro, MA 01879 TEL. (9_718) 649-9932 TO [�� ConsP_,i't�A;y) �MMtSSiWi 1(000 6 p J S-lree-�7 �61e_r, AAA _01-9-1S WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via E TTEN W ` IUMSGODUCTA 1L .ra ..'&7-3 -31-0 �o• no ' .rr tirtio.. KECEOYl G{.x.e �l IVE® OESCRIPTION o SEP 0 NORTH ANDOVER SS(ON WE ❑ Shop drawings ❑ Prints ❑ Plans O Samples ❑ Copy of letter ❑ Change order ❑ the following items: ❑ Specifications THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ OESCRIPTION ❑ As requested ❑ WE ❑ FOR BIDS DUE Me RAW � ' �-._ M /JIM THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: August 31, 2006 NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 15 Tyngsboro, Mass. 01879 TEL. (978) 649-9932 • FAX (978) 649-7582 Alison McKay North Andover Conservation Commission 1600 Osgood Street North Andover, Ma. 01845 Re: 25 Margate Street Ms. McKay; RECEivEo SEP 0 9, 2006 NORTH ANDOVER CONSERVATION COMMISSION We have attached an erosion mitigation plan for the above property in response to your Enforcement Order. The owner would like to begin the work as soon as possible. Should you have any suggestions, please let me know and we will incorporate them into the plan. I believe that this approach will be the most suitable for stabilization of the site. Thank yqu. Steven Eriksen NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 15 Tyngsboro, Mass. 01879 TEL. (978) 649-9932 - FAX (978) 649-7582 EROSION MITIGATION PLAN FOR MARGATE ROAD NORTH ANDOVER August 30, 2006 ReCely'ep SEP 0 6 2006 DONS RAT �� � DHFR MISSION The property located at # 25 Margate Street received an Enforcement Order from the North Andover Conservation Commission on June 6, 20006. The violation was for dumping of landscaping debris along the rear slope of the property. The owner removed this material, and in the process exposed soil along the slope. Much of the underbrush has been cleared on the site, resulting in slopes with heavy runoff potential and possible erosion into the bordering wetlands. The goal is to mitigate the erosion potential and restore the site as much as practicable. EXISTING CONDITIONS The site slopes steeply, with as much as a 1:1 slope in some areas towards the Shawsheen River to the west of the property. Before disturbance and based on examination of nearby tracts, the vegetation consisted of typical New England species such as White Ash (Fraxinus americana) and Red Maple (Acer rubrum) in the upper story, and immature specimens in the understory. Japanese Knotweed (Polygonum cuspidatum) was fairly well established and covered most of the site. Young shoots of Knotweed are still sprouting. staked haybales were provided along the base of the slope to prevent erosion into the adjacent wetland area. Although this measure is adequate to prevent siltation and erosion directly into the Shawsheen River and the bordering vegetative wetland, there is not enough plant growth for erosion control under existing conditions. SOILS The soils on site have been mapped by the USDA — SCS (1989) as Charlton fine sandy loam. These deep, moderately sloping, well drained soils are mostly in rectangular areas on the lower slopes of hills and ridges. The areas range from 5-20 acres, and are typically smooth and convex, and are 100-400 feet long. The permeability of these soils is moderate or moderately rapid, and available water capacity is moderate. The rooting zone extends into the substratum. The erosion hazard is moderately severe. The actual soil conditions consists of a disturbed topsoil and fill material along the entire slope. It is not a Charlton soil, though this may be the underlying substrate. MITIGATION MEASURES Under existing conditions, the Knotweed is sprouting rapidly, and significant stands of it still exist. Despite the fact that it is an alien and invasive specie, removal of this material would further destabilize the slope. Furthermore, the only way to eliminate the plant is through repeated herbicide application. Under the circumstances, it would be best to allow the remaining material to stay in place. It is very likely that it will spread over the entire slope within a year or two. To prevent additional erosion, we have instructed the owner to immediately overseed the area with a grass seed mix. This time of the year is conducive to rapid sprouting of grass seed. In addition, we would propose a straw geomat material be stapled in place over the disturbed areas. This prevents dessication, slows runoff velocity and enhances seed germination. The straw net is a straw matrix stitched with a biodegradable thread. After application to the disturbed area, the straw blanket will help to protect seed, retain soil moisture, and enhance seed germination. Due to the woven mesh size and quick degrading netting, there is little risk of wildlife entanglement. (An appropriate product is available from North American Green, 14649 Highway 41 North, Evansville, Indiana 47711— telephone 812-867-6632) The threads biodegrade within one year. In addition to the seed mix and straw netting, it is recommended that some native trees be planted at the top of the slope. Native species are less likely to require watering or maintenance, and have already proven hardy in this area. These could provide cover or habitat for wildlife. Some fairly fast-growing species which should do well on this relatively dry site include the following: TREES Gray Birch (Betula populifolia) Eastern White Pine (Pinus strobus) Quaking Aspen (Populus tremuloides) White or Green Ash (Fraxinus americana or Fraxinus pennsylvanica) It is my opinion that the use of shrubs along the slope would be futile, as the Knotweed would likely shade and overtake the shrubs. Trees however, will rise above the knotweed and could even shade the knotweed reducing its growth. w Six (6) trees any combination from the above lists (based on availability and cost) shall be planted equidistant along the top of the slope. At the end of the roadway there is a concentration of runoff that has created a channel. This is the natural runoff pattern, and it would be difficult or impossible to control this runoff without the installation of a drainage system. We would propose that some stone rip rap be installed within the channel to reduce runoff velocity. It should be noted that this area is not the property of the landowner, but is probably the property of the Town of North Andover. The installation of a small amount of rip rap should not create a problem, but it is something we will discuss with the Town Engineering Department. SITE MONITORING The Order requires all work be performed by September 22, 2006. It should not be difficult to meet this deadline. As noted, the owner was instructed to spread grass seed immediately, and installation of the matting will take only a few hours. On receiving permission from the Commission to perform the work, the owner can complete the mitigation within a very short period of time. As is standard with the North Andover Commission, we would expect weekly inspections to be performed by this office with reports to you on Monday of each week. Specific guidelines for proper erosion control blankets and turf reinforcement mats are outlined in the pages that follow. Here are a few brief basics common to all successful blanket and mat installations: Prepare the seedbed by raking, seeding and fertilizing. 2. Use trenching and anchoring procedures to secure any exposed material ends. 3. Keep material in solid contact with the ground. 4. Use the required number of staples. 5. Secure all product overlaps. 6. In slope and channel applications, overlap material in the direction of water flow. SLOPES 1. Prepare soil before installing blankets, including any necessary application of lime, fertilizer, and seed. 2. Begin at the top of the slope by anchoring the blanket in a 6" (15cm) deep x 6" (15cm) wide trench with approximately 12" (30cm) of blanket extended beyond the up-slope portion of the trench. Anchor the blanket with a row of staples/stakes approximately 12" ( 30cm) apart in the bottom of the trench. Backfill and compact the trench after stapling. Apply seed to compacted soil and fold remaining 12" (30cm) portion of blanket back over seed and compacted soil. Secure blanket over compacted soil with a row of staples/stakes spaced approximately 12" (30cm) apart across the width of the blanket. 3. Roll the blankets (a) down or (b) horizontally across the slope. Blankets will unroll with appropriate side against the soil surface. All blankets must be securely fastened to soil surface by placing staples/stakes in appropriate locations as shown in the staple pattern guide. When using optional Dot System', staples/stakes should be placed through each of the colored dots corresponding to the appropriate staple pattern. 4. The edges of parallel blankets must be stapled with approximately 5. Consecutive blankets spliced down the slope must be placed end over end (shingle style) with an approximate 3" ( 7.5cm) overlap. Staple through overlapped area, approximately 12" (30cm) apart across entire blanket width. 4:1 Slope STAPLE PATTERN GUIDE - 3:1 Slope 2:1 & Greater Slopes .7 Staples per sci yd 1.2 Staples per sci yd 1.75 Staples per so yd For detailed specific recommendations, contact your nearest authorized North American Green distributor or call North American Green Technical Services. Chronology — 2006 Violation at 25 Margate Street f April/ Ma P Office received numerous complaints of on going dumping of landscape debris at the end of Margate Street. April 24 Pictures where taken for the file. June 5 A second inspection was made by Department and observed an excessive amount of grass clippings, branches, leaves, etc., within the buffer zone to a Bordering Vegetated Wetland associated to the Shawsheen River and within the jurisdictional 25 -foot No -Disturbance zone and Riverfront Area. It was observed that dumping appeared to have been ongoing in this area over several years, as evident by difference in topography along steep embankment and materials found on the Slopes/Embankment. June 6 Department issued a Violation Notice to Mr. & Mrs. Thomas Bailey mandating 1. Immediate Cease & Desist on dumping of any landscaping debris within these jurisdictional resource areas 2. An onsite meeting to discuss and identify areas for removal and restoration 3. Removal of debris by no later than Friday June 30, 2006. 4. The installation of two (2) no dumping signs by no later then Friday June 30, 2006. 5. The payment of a fine in the amount of $200 within 21 days of violation issuance date -Fine was paid on June 11, 2006. June 26 Inspection on removal was conducted with Mr. Bailey -See site inspection sheet dated 6/26/06 for details - New deadline date for clean-up was negated to 7/14/06 -noting that if further extension requested may warrant additional fines and of penalties. July 13 I conducted an inspection of the site, as was aware the deadline for clean up was following day aware the deadline for clean up was following day and I was not available to inspect the site that day or on the following Monday morning. I wanted to inspect the site prior to the deadline as felt any removal of debris should have been removed by hand already as discussed on site and should not take very long to do also given the additional 2 week extension. During the inspection I observed that the grass clippings and landscaping debris were still in the process of being removed as the owner felt the removal of these materials could not have been removed by hand. I observed that the entire slope has been disturbed and exposed causing unstable condition. Mr. Bailey said that he needed a backhoe to remove the materials informed Mr. Bailey a backhoe or other machinery was not necessary or approved removing grass clippings and debris areas identified during initial on site meeting. I informed Mr. Bailey that because this now became more of an issue than it needed to be and initially was I stated that additional mitigation measures for cleanup and site stabilization needed to be employed indicated that I would discuss additional action with the Commission and would let him know upon direction of the NACC how to proceed. I stated that in the meantime, erosion controls consisting of trenched silt fence and staked haybales at the toe of the slope was to be immediately installed. In addition, temporary stabilization with hay mulch on the slope was also to occur. �w July 13 (cont.) On separate note, just before leaving the site, I had asked Mr. Bailey if he knew Bill McEvoy (prominent community figure) as he had recently passed and his services were that afternoon. Mr. Bailey' s statement in his letter dated August 19, 2006 pertaining to this matter is not accurate. July 26 The next Conservation Commission meeting was held on 7/26/06 while the item was not placed on the agenda as an official discussion item, I spoke with the Commission briefly on this matter following the public hearing. To this to end, the Commission recommended the issuance of an Enforcement Order with fine of $ 100 per day from the date the original violation was observed until satisfactory compliance. Afternoon of July 28, afternoon of August 3 & full day of August 4 Personal and vacation time was used and I was not in the Office. August 11 A second Enforcement Order with fine was issued as mandated by the Commission on 7/26/06. Au ug st 22 Date of receipt of Mr. Bailey' s letter dated 8/19/06 (Saturday) August 21 Mr. Bailey phoned and stated that he would be contacting Steve Eriksen of Norse Environmental Services to put together the required restoration plan. August 28 Steven Eriksen sent E/Mail indicated that he was constructed by Mr. Bailey "to help resolve problem" and prepared a restoration report. August Department received via fax the erosion mitigation plan prepared by Norse Environmental Services, Inc. This Mitigation Plan was subsequently approved by myself with the exception of the runoff area at the end of the driveway, which would be discussed separately with the Town Engineer, Eugene Willis, and whether or not some shrub species could be planted at the top of the slope, which would be discussed with Norse Environmental. Shortly after August 31 I spoke with Norse Environmental in regards to shrub/tree species that may work on the upper slope, which would tolerate shade well. These species included Black Chokeberry (Latin name here), Gray Dogwood, (Latin name here), American Hazelnut (Latin name here), Hornbeam (LNH), and False Indigo bush (LNH). Also during this time, Norse Environmental and myself had tried to contact Gene Willis, Town Engineer, for an opinion, However, Mr. Willis could not be reached as he has been out of the office for few weeks (?? Need to verify dates with Gene). Afternoon of September 1, day of September 4 & morning of September 5 I was out of the office for the holiday or other personal time. Sometime around September 11 Mr. Bailey contacted me. He requested an inspection. He stated that plantings were installed. He also said however that he was not able to find the required planting at any local nursery. I had asked him why he had not contacted me in this regard prior to planting, as the plants installed were not approved. He said 2 that he just wanted to take care of the issue and be done with it. I informed Mr. Bailey that he should have contacted me if he could not find the plantings prior to planting other species. Norse Environmental was not aware that this had occurred either until after the fact. September 12 Site inspection was conducted with Mr. Bailey present. Trees and shrubs planted included Gold Laced Junipers and Scarlet Leaders at the top of the slope and four (4) Himalayian Ash trees. Although unhappy that these plantings were not approved and that Mr. Bailey had not followed the restoration plan, I had decided that sense the site was stabilized, the effort had been made, and the species were not invasive, to allow these plantings to stay. Between September 12 & September 21 All parties were trying to reach Gene Willis, Town Engineer, to meet on site to discuss drainage/erosion concern at end of the roadway/driveway. September 22 On site meeting was scheduled with Gene Willis, Norse, and myself at 9:00 A. M. Meeting was canceled as Gene Willis had another meeting come up. (Confirmed with Gene cannot find the E/Mail w/ Mr. Bailey) September 28 9:00 A. M. site meeting was rescheduled, Mr. Bailey was contacted. He indicated that he would not be able available, but that we could go ahead and meet anyway. On site meeting held, Gene Willis discussed best mitigation efforts for stabilization in the area. Norse and myself agreed to his findings. Norse indicated that they would submit a letter identifying/outlining the agreed mitigation measures to be implemented by Mr. Bailey. October 11 Letter from Norse dated 10/6/06 was received. The mitigation requirements were approved by myself on 10/18/06 after consultation via phone conversation with Gene Willis that this was what had been discussed on site. November 7 Mr. Bailey called for an inspection of drainage mitigation area at the end of the street/driveway. He indicated that he had not received Norse's letter until just recently, but that once he had received it he had completed the items as requested. November 8 I performed an inspection of the site in the a.m. Mr. Bailey was not present on the site at the time of the inspection. It did not appear that the area had been adequately and correctly constructed as instructed. Therefore, I returned to the office and left a message for Gene Willis requesting his opinion of the work conducted and whether or not he felt that the measures taken were followed in accordance to what was discussed, described, and approved. November 8 Gene Willis forwarded an E/Mail stating that the area was in fact not constructed in accordance with approved documents. The letter specified the discrepancies and modifications that should be made. November 8 On the same day, I spoke with Mr. Bailey in this regard. He had several complaints. He stated that he didn't understand what the problem was and that he had complied with mitigation requirements for this area. When I spoke with him on Mr. Willis points of discrepancy, he stated that Mr. Willis letter was not specific enough and felt that since he did not attend the initial meeting on 9/28/06 he was not clear on what was to be done. He did not understand the problem even after I tried to explain how simply these issues could be fixed/resolved. He ended the conversation abruptly with little reassurance that corrective measures would be carried out. I had contacted Louis Napoli, Conservation Commission member to discuss the situation as I felt I was at an impasse with Mr. Bailey and would be out of the office the following two days for a conference and a holiday and would not be able to address the items further until Monday 11/13/06. Mr. Napoli stated that he would contact Mr. Bailey and initiate final resolve. Mr. Napoli had called me on both 11/9/06 & 11/11/06 stating that Mr. Bailey was moving forward with compliance and that the adequate measures had been completed by 11/11/06 (Saturday). November 13 Final Inspection was conducted. All requirements/mitigation had been completed to the satisfaction of the Department & Commission. November 14 Contacted the Bailey's to let them know that all set as of 11/11/06 -spoke with Linda Bailey. November 29 Informal discussion with the Commission. I stated applicant wishes to negotiate fine, which stood at $ 12,100 (July 14, 2006 to November 11,2006=121 days). Scott Masse, NACC Chairman stated that there would be no discussion and that the fine would stand as is. I would prepare a Final letter to Mr. Bailey upon return of my scheduled vacation. December 1 to December 10 Out of the office on vacation; Mr. Bailey called at that time. Week of December 25 Prepared this document in preparation for a call to Mr. Bailey and final compliance/fine and letter. 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All t�Qtdrre�victi.-I�/do�t`QGiT'rOn a d b -e,., M AT G c�Ce T GLGT; Eiv� (, �� i Gs66` j\J ,ss+o5 11 r D lA 't - �Gcir j S 4-o te- i" Se -4- a-s- t� Jor M -a.' 1-6 6a0,56i O (.v/ Ct v1 M, 5 5 r n r -f SCS (t'Ggc1 UJI aJ C 5�1 fy� a©o co +o L---�6--v- �aoo6 �NiGC i e1 ,gGod - 5 cxJO Icid vX- n D �! ; c c/c S 5 r p �, a✓t ,%�I .[ i n G LA -90 c r c J j-" aS &, -� -r, wou �re. oLre, o� -RIwl on Mr , "B cu, (In �wj C -a L� 9 tlyl-I- 4 _ ui'e-ASS �oGcR. e-,+ �n �r�pc�C��;C�� TO i- Cd �o hr, -aa /-5 %"j.�, �a� eon 1, , tee, F, v - la,44 - P i�f --� �"� �." � W � �� �M ��ow T�µ� lZ�"�✓ CL�xa-U'G�55ino� n II C_L'✓v1 � � it ' '''��-+RC2- 4 . t t /� � l.t� 1 l l b¢-' /' I � i Gf�✓�t i�/�? � -- � V Page 1 of I McKay, Alison From: Steven Eriksen[norseenvironmental@verizon.net] Sent: Monday; August 28,2006 7:51 AM To: McKay, Alison Allison I was contacted by Thomas Bailey of 25 Margate Street to help resolve his problem. It appears that the Knotweed will soon take over no matter what we do. I would suggest seeding with grass and installation of geomat over the disturbed surface, and let it revegetate on its own. This should be done as soon as possilble. If you could call my office I would like to discuss this with you prior to a written report Thanks Steve Steve Eriksen NORSE ENVIRONMENTAL SERVICES, INC. Suite 15 130 Middlesex Road Tyngsborough, MA 01879 Tel. (978) 649-9932 8/28/2006 Page l 1 McKay, Alison From: Steven Eriksen [norseenvironmental@verizon.net] Sent: Monday, August 28,.2006 7:51 AM To: McKay, Alison Allison I was contacted by Thomas Bailey of 25 Margate Street to help resolve his problem. It appears that the Knotweed will soon take over no matter what we do. I would suggest seeding with grass and installation of geomat over the disturbed surface, and let it revegetate on its own. This should be done as soon as possilble. If you could call my office I would like to discuss this with you prior to a written report Thanks Steve Steve Eriksen NORSE ENVIRONMENTAL SERVICES, INC. Suite 15 130 Middlesex Road Tyngsborough, MA 01879 Tel. (978) 649-9932 8/28/2006 03� b � �1 a ®�► rr * c/lay `T O •wN� T �_ COCNIC.N WKM _ 7� CONSERVATION DEPARTMENT Community Development Division August 11, 2006 Mr. & Mrs. Thomas Bailey 25 Margate Street North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 25 Margate Street - Map 26 Parcel 11 Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and the North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. & Mrs. Bailey: As you are aware, the North Andover Conservation Commission Department issued a violation notice to you on June 6, 2006 for the ongoing dumping of landscaping debris (grass clippings, branches, leaves, etc.) at the end of Margate Street. These materials were found to be within the boundaries of jurisdictional Bordering Vegetated Wetland (BVW) resource area associated with the Shawsheen River. In addition, some of these materials were located within the 25 -foot No - Disturbance Zone jurisdictional pursuant to the North Andover Wetlands Protection Bylaw. The aforementioned violation notice required an immediate cease & desist on dumping activities, proper removal and disposal of the identified debris, appropriate restoration activities of these areas, and the installation of no dumping signs. In addition, a fine in the amount of $200 was levied by the Conservation Department. These compliance efforts were to be completed by no later than July 14, 2006 as discussed during our on-site meeting held on June 26, 2006. While the majority of the previously mandated items have been met to the satisfaction of this Department and North Andover Conservation Commission (NACC), other items have not and still remain in violation. Specifically, instead of just removing the landscaping materials by hand from the existing steep embankment as required, your landscapers had removed all of the existing vegetation from the embankment using a backhoe leaving it fully exposed and highly susceptible to erosion. Although much of the vegetation on the slope was previously identified as Japanese Knotweed (Polygonum cuspidatum), an invasive species, you were not directed to disturb this area to the extent at which it was disturbed. Upon noticing such disturbance, the Conservation Department had mandated immediate temporary stabilization measures to include hay mulching of the slope and the installation of trenched silt fence and staked hay bales at the toe of the slope. This has been completed to date. However, the NACC is not satisfied that the wetland resource areas will be permanently 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com protected against erosion/ impacts and is hereby mandating the following additional action items under this Enforcement Order: • The applicant shall submit a buffer zone restoration report prepared by a qualified wetland specialist to the NACC for review and approval in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed buffer zone restoration activities including the sequence of work, buffer zone planting 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. This buffer zone restoration report shall be submitted to the Conservation Department for review and approval by no later than Friday September 8, 2006. • Following review and approval of the restoration report, restoration activities shall be conducted by a qualified wetland specialist by no later than Friday September 22, 2006. • Upon installation of the approved restoration plantings, the Conservation Administrator shall be contacted to schedule a site inspection to inspect the plant stock and to assess site conditions. • A qualified wetland specialist shall monitor the restoration plantings for two complete growing seasons following installation. Spring and fall monitoring reports must be submitted to the Conservation Department for review. • The applicant shall be responsible for replacement plantings should any plantings fail to meet the 75% success rate prior to the completion of the two year monitoring period. The violations as documented herein are subject to a $100 per day per 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 the NACC has elected to levy a fine in the amount of $100 per day retro active from Tuly 14, 2006 until such time that the site is fully restored and adequately stabilized to the satisfaction of the NACC (see enclosed ticket). However, the NACC reserves the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. 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. Your anticipated cooperation is appreciated. 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/Amended 9/10/03) 1600 Osgood Street, North Andover, Massachosetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Sincerely, Alison E. McKay Conservation Administrator Encl. CC: NACC Curt Bellavance, AICP, Community Development Director Pamela Merrill, Conservation Associate MA Department of Environmental Protection, NERO File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com r ' Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover August 11, 2006 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Mr. & Mrs. Thomas Bailey return key. Name of Violator 25 Margate Street, North Andover, MA 01845 V �Address 1. Location of Violation: Property Owner (if different) 25 Margate Street Street Address North Andover City/Town Man 26 Assessors Map/Plat Number 01845 Zip Code Parcel 11 Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): This Enforcement Order is being issued as a mechanism to perform restoration activitioes within the buffer zone to a Bordering Vegetated Wetland (BVW) and the 200 -foot Riverfront area of the Shawsheen River. Please see the attached letter prepared by the Conservation Department, dated August 11, 2006 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L7 WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name File Number ❑ The Order of Conditions expired on (date): Date Dated Condition number(s) ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): C. Order wpaform9a.doc • rev. 7114/04 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 any activity affecting the Buffer Zone and/or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ® A restoration plan shall be filed with the issuing authority on or before September 8, 2006 Date for the following: Restoration of the exposed steep embankment within the 25' No -Disturbance zone and Riverfront area to the Shawsheen River. See attached letter dated August 11. 2006 for details. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. Page 2 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i� WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) DEP File Number. ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls) to prevent further violations of the Act: See attached letter dated Auaust 11.2006. 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. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be fled in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison E. McKay, Conservation Administrator Name 978.688.9530 Phone Number Monday - Friday, 8:30am to 4:30pm _ Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 (' Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order �+ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the '7 003 100 00o I 6-7SY/ 8'10d\ Signature of delivery person or certified mail number wpaform9a.doc • rev. 7/14/04 Page 4 of 4 y • TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW 0174 t5c c_ ev E AND DATE OF VIOLA9ON I I ! `• rat( (A.M.) (P.M.) ON a U' ;` f 200(, LOCATION OF VIOLATION �F N RE OF ENFORCIy�, PE EN RCING DEPARTMENT z. tr i- IcerV11+o EREBY ACKNOWLEDGE RE OPT OF THE FOREGOING CITATION ,UtTAble to obtain signature of offender. Date Mailed O� Citation mailed to offender tda�d �Af IE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ cu )U HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO 3POSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person tween 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays :epted, before: The Conservation Office. 27 Charles Street, North ' dover, MA 01845 OR by mailing a check, money order or postal note to Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE THIS NOTICE. This will operate as a final disposition of the matter, with resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you Iy do so by making a written request, and enclosing a copy of this citation THIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal Tlplaint 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. Inatu re WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY V OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE 0174 Akn t,.,5 f 11. dyah NAME OF OJF ENDER / Lfn�cL ''j� Tlc 1,0 &, n_d&vGr , MA V I -- 5����t=i') 1 E TIME AND DATE OF VIOLATION f (A.M.) (P.M.) ON �� V y 20 06 r j LOCATION OF VIOLATION S / f [AT .,i]L ii�rclG��e. Strt2- '� SIG z RE OF ENFORCING PER$,ON, V _ ENFORCING DEPARTMFNT OF fil�Unable to obtain signature of offender. Date Mailed <_/Z(7 6 a 12 Citation mailed to offender f / f0a/sf 'Tt4M �ir/ _a , THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ IA -"4, I cc., of Ii t YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. r r. y (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M..and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office. 27 Charles Street, North Andover, MA 01845 OR by mailing a check, money order or postal note to lathe 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. t (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. 0 A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ 11 B. I HEREBY REQUEST a non -criminal hearing on this matter. �a00 �OS06ON�w�O 31\aMeu6`.S. 0-,o do ,.a00 N�\1f ! I! I I i I i I p1pligq! I I! �i I 1� 11 V511R�Qt7a MAN ME; 1: i I$- T-rTvi CW"A TUM��"M A I V ff'EU ��fff_Pffl, S�Mail Only;N6 Insurance eqqTr@ge k Provided) L US, E C3 Postage 1$0UNIT ID.- 08' .5 i r9 C3 Certified Fee -;2-10-40 6� M C3 Return Redept Fee (Endorsement Required) S- S.T5 M RO :cled.Delver�Fee r-9 (Endorsement Required) C3 r-1 Total Postage & Fees $ 12 Postmark Here Clerk: V.JXF00 08/11/06 M C3 Sent To C3 11'71e r—------------------------ ........................ or PO Box N -- o. -S7­,-�,e,--.7— --------------------------- - ------------------------------------- City, Slate ZJP+4 /a2 Certified Mail Provides: (esfanay)Zogounf'ooesLuiodSd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mails or Priority Mails. ■ Certified Mail is notavailable for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. r For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mallpiece with the endorsement "Restricted -Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. North Andover Conservation Commission Site Inspection Sheet does not have permit with Conservation Commission Date: a 6 p (o Address: o't5- IMa-c o& 6frro,+ Agent/R present: Findings: Mt, o4, +M+j rnph��'orus Con{�'nu-v 511,, .s Mr, r(e�`s c�4- canes c siy ii tt CuI �� c6M6"A'v¢, +krpLside e-�' v�� IIAe-6 %AoRrH f 6 t® py y� y � O Pqt T O COCM Cw♦wl[w 1' T �A�AATE C C F3E15�� CONSERVATION DEPARTMENT Community Development Division August 11, 2006 Mr. & Mrs. Thomas Bailey 25 Margate Street North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 25 Margate Street - Map 26 Parcel 11 Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and the North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. & Mrs. Bailey: As you are aware, the North Andover Conservation Commission Department issued a violation notice to you on June 6, 2006 for the ongoing dumping of landscaping debris (grass clippings, branches, leaves, etc.) at the end of Margate Street. AA These materials were found to be within the boundaries of jurisdFl:uonal Bordering Vegetated Wetland (B ` V IATI resource area associated with the Shawsheen River. In addition, some of these materials were located within the 25 -foot No - Disturbance Zone jurisdictional pursuant to the North Andover Wetlands Protection Bylaw. The aforementioned violation notice required an immediate cease & desist on dumping activities, proper removal and disposal of the identified debris, appropriate restoration activities of these areas, and the installation of no dumping signs. In addition, a fine in the amount of $200 was levied by the Conservation Department. These compliance efforts were to be completed by no later than July 14, 2006 as discussed during our on-site meeting held on June 26, 2006. While the majority of the previously mandated items have been met to the satisfaction of this Department and North Andover Conservation Commission (NACC), other items have not and still remain in violation. Specifically, instead of just removing the landscaping materials by hand from the existing steep embankment as required, your landscapers had removed all of the existing vegetation from the embankment using a backhoe leaving it fully exposed and highly susceptible to erosion. Although much of the vegetation on the slope was previously identified as Japanese Knotweed (Polygonum cuspidatum), an invasive species, you were not directed to disturb this area to the extent at which it was disturbed. Upon noticing such disturbance, the Conservation Department had mandated immediate temporary stabilization measures to include hay mulching of the slope and the installation of trenched silt fence and staked hay bales at the toe of the slope. This has been completed to date However, the NACC is not satisfied that the wetland resource areas will be permanently 1600 Osgood Street, North Andover, Massochusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com protected against erosion/impacts and is hereby mandating the following additional action items under this Enforcement Order: • The applicant shall submit a buffer zone restoration report prepared by a qualified wetland specialist to the NACC for review and approval in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed buffer zone restoration activities including the sequence of work, buffer zone planting 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. This buffer zone restoration report shall be submitted to the Conservation Department for review and approval by no later than Friday September 8, 2006. • Following review and approval of the restoration report, restoration activities shall be conducted by a qualified wetland specialist by no later than Friday September 22, 2006. • Upon installation of the approved restoration plantings, the Conservation Administrator shall be contacted to schedule a site inspection to inspect the plant stock and to assess site conditions. • A qualified wetland specialist shall monitor the restoration plantings for two complete growing seasons following installation. Spring and fall monitoring reports must be submitted to the Conservation Department for review. • The applicant shall be responsible for replacement plantings should any plantings fail to meet the 75% success rate prior to the completion of the two year monitoring period. The violations as documented herein are subject to a $100 per day per 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 the NACC has elected to levy a fine in the amount of $100 per day retro active from July 14,.2006 until such time that the site is fully restored and adequately stabilized to the satisfaction of the NACC (see enclosed ticket). However, the NACC reserves the right to take additional action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations. 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. Your anticipated cooperation is appreciated. 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/Amended 9/10/03) 1600 Osgood Street, north Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Sincerely, �'0 Alison E. McKay Conservation Administrator Encl. CC: NACC Curt Bellavance, AICP, Community Development Director Pamela Merrill, Conservation Associate MA Department of Environmental Protection, NERO File 1600 Osgood Street, Horth Andover, Mossorhusetts 01845 Phone 978.688.9530 fax 978.688.9542 Web www.townofnorthandover.com Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. viQ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information This Enforcement Order is issued by: To: North Andover Conservation Commission (Issuing Authority) Mr. & Mrs. Thomas Bailey Name of violator 25 Margate Street, North Andover, MA 01845 Address 1. Location of Violation: Property Owner (if different) 25 Margate Street Street Address North Andover City/Town Map 26 Assessors Map/Plat Number August 11, 2006 Date 01845 Zip Code Parcel 11 ParceULot Number DEP File Number: 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): This Enforcement Order is being issued as a mechanism to perform restoration activitioes within the buffer zone to a Bordering Vegetated Wetland (BVW) and the 200 -foot Riverfront area of the Shawsheen River. Please see the attached letter prepared by the Conservation Department, dated Auaust 11. 2006 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc - rev. 7114104 Page 1 of 4 Massachusetts Department ofEnvironmental Protection DEP File Number. �— Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): 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 any activity affecting the Buffer Zone and/or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ® A restoration plan shall be filed with the issuing authority on or before September 8, 2006Date for the following: Restoration of the exposed steep embankment within the 25' No -Disturbance zone and Riverfront area to the Shawsheen River. See attached letter dated August 11, 2006 for details. The restoration shall be completed in accordance with the conditions and timetable established by issuinq authority. wpaformga.doc • rev. 7114104 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order I, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls) to present further violations of the Act: - See attached letter dated August 11, 2006. 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. 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: Alison E. McKay, Conservation Administrator Name 978.688.9530 Phone Number Monday - Friday, 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) DEP File Number: In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the '7003 100 Coo i 0"78/ 9'l0A Signature of delivery person or certified mail number wpaform9a.doc • rev. 7/14/04 Page 4 of 4 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW a 0174 E FTHISNOTICF ' NE OF VENDER anus )RECSF SS OFFENDER )P t 16 SlTATEEE, ZIP CODE ',jp,�rDATE OF BIRTH OF OFFENDER �!: �Errd�:ve. .1 14 V p I Dr �,.3 OPERATOR LICENSE NUMBER IMV/MB REGISTRATION NUMBER nh'? . +0 II�- '?)y 6/ C'5SGCt hl C'j t ilrxt:�,y�Cx-�') '\\ ' �:v' — c✓�� tf:.1'jZK,i��'� �t7` itac o, E AND DATE OF VIOLA ONG� (A.M.) (P.M.) ON 20 0j& LOCATION OF VIOLATION r tr e z— NAT RE OF ENFORCING PEI�p ,, ?ENF RCING DEPARTMENT ��1c'YZ%"vL�TiOss EREBY ACKNOWLEDGE RE^ZIPT OF THE FOREGOING CITATION lJ able to obtain signature of offender. Date Mailed Citation mailed to offender «Led IE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ )U HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO SPOSIT16N OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person tween 8:30 A.M. and 4:30 P.M., Monday through Friday, legal. holidays. :epted, before: The Conservation Office. 27 Charles Street, North dover, MA 01845 OR by mailing a check, money order or postal note to Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE THIS NOTICE. This will operate as a final disposition of the matter, with resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you ly do so by making a written request, and enclosing a copy of this citation THIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal nplaint may be issued against you. A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ B. I HEREBY REQUEST a non -criminal hearing on this matter Inature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW if, lunicvr omin�r vrrcnu�n lIMV OPERATOR LICENSE NUMBER MVIMB REGISTRATION NUMBER oC-mr X0.00-10,(04) TIME AND DATE OF VIOLATION�+r^s 30U (A. M1,9 (P.M.) t/f fX� LOCATION VIOLATION`' AT Fj (I e/ . SIGNATURE,OF�ENFORGING-P RSONN ENFORCING DEPARTMENT vJJ I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x ❑ Unable to obtain signature of offender. Date Mailed ❑ Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY it TOWN OF NORTH ANDOVER ,.NOTICE OF VIOLATION OF WETLAND BYLAW A_ vrrcrvx: 4-proC-t11 10. to- (_-U S - e6, 4 1 -1,+ctVcf l ryr" dar<-<( .1{;+►e5, TIME AND DATE OF VIOLATION_. - ..300 (A.f _) (P.f�ON � c�i�✓ �, �,.Z�.t"�l`r LOCATION -OF VIOLATION AT 45 VVW ,,-,-SIGNATUFIE OF ENF�,EFlSON EN.FORCINGDEPYARTMEN�� � , I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x ❑ Unable to obtain signature of offender. Date Mailed ❑ Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY TOWN OF NORTH ANDOVER f NOTICE OF VIOLATION OF WETLAND BYLAW DAA OF HIS NOTICE .2 090 NAME OF OFF'FFEEENr�DER ` ADDRESS OF OFFENDER j FCI; Y, STATE, ZIP CODE W DATE OF BIRTH OF OFFENDER \\t MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: {{ 1 re " -,,-1I . t (' .- I 1 t �.., r .4�z •'c- i % �J t' •r is .i �rtr jt���. r ,i it,�t fes-. {fir TIME AND DATE OF VIOLATION —%t -, (A.M.) (P.M.),ON LOCATION OF VIOLATION AT t �i -IV( t' SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT f( I� Atff Ili t I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION I ❑ Unable to obtain signature of offender. Date Mailed ❑ Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY CONSERVATION DEPARTMENT Community Development Division June 6, 2006 Mr. & Mrs. Thomas Bailey 25 Margate Street North Andover, MA 01845 RE: VIOLATION NOTICE- Margate Street, North Andover, MA 01845 Dear Mr. & Mrs. Bailey, This letter has been prepared to inform you that the North Andover Conservation Department has received numerous complaints with regards to the ongoing dumping of landscape debris at the end of Margate Street. On Monday, June 5, 2006 Conservation staff inspected the potential violation. Our findings concluded an excessive amount of grass clippings, branches, leaves, etc., within the bounds of a jurisdictional Bordering Vegetated Wetlands (BVW) associated to the Shawsheen River, and the majority of the 25' No Disturbance Zone. It appears that the dumping has been ongoing for several years, as this is evident by the difference in topography along the steep embankment. The breakdown of this material is considered fill. Therefore these activities constitutes as violations under both the Town of North Andover Wetlands Protection Bylaw (Chapter 178 of the Town General Laws) and the MA Wetlands Protection Act (M.G.L. c.131 §40) and its Regulations (310 CMR 10.00 —10.60). Please be aware that Town of North Andover Wetlands Protection Bylaw protects land within 25-. feet of a jurisdictional wetland resource area by instituting a 25' No Disturbance Zone. No activities are permitted within this area, including, but not limited to, grading landscaping, vegetation clearing, filling, and excavating'. Additionally, please note that any work proposed within 100 -feet of a jurisdictional wetland resource area must be preceded by a Request for Determination of Applicability (RDA) or Notice of Intent (NOT) filing (whichever is appropriate) before the North Andover Conservation Commission (NACC), in accordance with the MA Wetlands Protection Act, (M.G.L. c.131, §40) and the Town of North Andover Wetlands Protection Bylaw, (Chapter 178 of the Town General Laws). Consequently, the North Andover Conservation Department is hereby issuing you a Violation Notice and is also mandating the following action items: �e Dumping of any landscaping debris within the adjacent Bordering Vegetated Wetland (BVW) associate to the Shawsheen River must immediately CEASE AND DESIST. ' North Andover Wetlands Protection Regulations, Section 3.4, Buffer Zones (page 13-17) 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 fax 978.688.9542 Web www.. http://www.townofnorthandover.com/conservel.htm ❖ All debris shall be removed, as directed by the Conservation Department. Prior to the removal • process, this department shall be contacted to schedule anon site meeting. During that meeting, Conservation staff will identify the areas that will need to be cleaned. This shall be completed by no later than Friday, June 30, 2006. •a Upon completion of debris removal, two (2) `No Dumping' signs shall be installed. The location of these signs will be identified by the Conservation Department during the onsite meeting. This shall also be completed by no later than Friday, June 30, 2006. :• At this time the Conservation Department has elected to levy a fine of $200. A check shall be made payable to the Town of North Andover. The Conservation Department shall be in receipt of the payment within 21 days from the issuance date. If the activities are not met by the imposed deadline, or if the Commission is not satisfied with any portion of the work that has been done, the NACC reserves the right to modify this Violation Notice, or issue an Enforcement Order, which may result in future enforcement action, including additional fines of not more than $300.00. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations, permits, or administrative orders violated shall constitute a separate offence'. Please do not hesitate to contact me should you have any further questions or concerns in this regard. 'Thank you in advance for your anticipated cooperation. Sincerely, NO�el TH ANDOVER CONSERVATION DEPARTMENT Alison McKay Conservation Administrator Cc: Pamela Merrill, Conservation Associate Curt Bellavance, AICP, Community Development Director Department of Environmental Protection, NERO, Wetlands Division File 0 North _-Uidover Wedands Protection Brla-,v, Section 1; 8.10, Enforcement, Investigations & Violations. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www. http://www.townofnorthandover.com/(onservel.htm TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW TIME AN TE OF VIO 3°� (A.�. (P.M. AT2�LOC TI OF OtA®RI�'7 I( -EN RCING DEPA #XT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x ❑ Unable to obtain signature of offender. Date Mailed ❑ Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY m D 3 44�°TW 7x05>mIV �D „� nM }v��Nm$3o co `t v3 xgm 0 �-4 -'i 9 R0 mcg N o and y o^ „��F $ a 0? �Av -0 g p �< < �� '�a��rrj'N' �o g0 s fs a w 00 92 �D � � v �=m �. ,•Da.—.nuc <g o Z v E tiE -ti O { A mN jmm`'. 3 -i Q.ap m o a 1 R fy N c a 4 a _v < -4 ' 2 m rqq8D -n �<m Mn Z20 Omm T yOZ ;vD�T M ZA M 0 is m v 0 NEW D 0 0 z MZ X oz a� -� -' Z n zZ C K< om K: M o v z 0 z .r August 19, 2006 The Clerk -Magistrate, Lawrence District Court 380 Common Street Lawrence, MA 01840 Atte.: 21D non -criminal Dear Clerk -Magistrate, I request a hearing to contest this matter. Chronological events: RECEIVED AUG 2 2 2006 NORTH ANDOVER CONSERVATION COMMISSION 6/8/2006 - Received notice of a violation that grass clippings, branches and leaves were within Bordering Vegetated Wetlands. 6/9/2006 — Requested meeting with Conservation Commission. I was told they could not meet that day. I advised them I would be out of town on business the week of 6/12/2006 and on vacation the week of 6/19/2006. Meeting was scheduled for 6/26/2006. 6/11/2006 — Sent check for $200 for citation. 6/26/2006 — Met with Ms. Alison McKay of North Andover Conservation Commission. She seemed more concerned with areas that were not adjacent to my personal property. I explained I could only be responsible to clear the area adjacent to my personal property. I told her the vegetated wetlands existed because the Town of North Andover has a storm drain that captures run off water two streets above me and dumps it behind my property, a good 200 feet from the Shawsheen River but was told it does not matter what contributes to vegetated wetlands. So the town can create a water source adjacent to my property and then declare it vegetated wetlands. I requested Ms. McKay grant me an extension for clean up activities until 7/14/2006, which she granted. June 30 — July 1— Workers attempted to remove debris by hand but were unable to due to steep bank on hill. July 7-9, 2006 — Workers removed debris with backhoe. On or about 7/13/2006 — Ms. Alison McKay, North Andover Conservation Commission, viewed the area of cleaning and said things were progressing okay but was distraught over a death of a town elder and could not discuss further progress and would be on vacation the fallowing week. 7/13/06 — Mid -August, 2006 — Waiting to hear back from Conservation Commission. �� 1 �� t � ��; R' r � .t .. ,. ' ., , , i' s P � 1 ,.. .. P ., c. F .�' .. . 7 - � � .i } ' ��. .� ��J'. *.rl: 1 JIB .... � ,�����. �f1 r �!'. f i' s P � 1 ,.. .. P ., . 7 - � � , i � , P � .. Iti r �, � �� P �. � t ., 3 . i. • � . t r � � � i � ., }. 1 + ! � , t Pei) , . .. � i �i P� • it �. 1 � l�'1� tl. j.9 •, !.' %�.11.r rr I�. 1 "' .. }1 r .. August 11, 2006 — Received another notice. Notice states, "Upon noticing such disturbance, the Conservation Commission had mandated immediate temporary stabilization measures to include hay mulching of the slope and the installation of trenched silt fence and staked hay bales at the toe of the slope. This has been completed to date. However, NACC is not satisfied that the wetland resource areas will be permanently protected against erosion/impacts and is hereby mandating the following additionally action items under this Enforcement Order." This is exactly why they were requested to review the area after cleaning. They never provided details of what they wanted and I'm still waiting for direction of exactly what they want that will satisfy them. Working with them is like working in the dark. Now they state, "At this time the NACC has elected to levy a fine in the amount of $100 per day retro active from July 14, 2006 until such time that the site is fully restored and adequately stabilized to the satisfaction of the NACC." I have, and continue to be, more than willing to resolve this matter with them. She was asked during her review after the cleaning what further needed to be done. No direction was given, which they still have not done. Instead they send me a notice of levy for $100/day and I must get a "qualified wetland specialist" to submit a buffer zone report no later than September 8, 2006 and restoration activities shall be completed by September 22, 2006, all while I'm suppose to be paying $100/day. This is nothing more than a grievous abuse of power by misdirected individuals that apparently have their own agenda. I cannot afford this absurdity. What's more ironic is that Ms. McKay, North Andover Conservation Commission, also has connections with a nature walk society in North Andover (not sure what the organization is called). She had appraised me on 6/26/06 this group would be clearing a trail the weekend of July 1, 2006, less than 20 feet from the area she's concerned with. They came in with weed whackers and tore themselves a clear path through the same "vegetated wetlands" she's concerned with. Why did the Conservation Commission condone this? Thomas L. Bailey 25 Margate Road North Andover, MA 01845 Cc: Town of North Andover Conservation Commission 1600 Osgood Street Suite 2-36 North Andover, MA 01845 I r ,""• .}'�?' � .. E). ..°r :' •I 1!t Si. .(i l -t ...• 't :i� .. '� .l: .13''t..' " :7�.• 2,1 .r51,n • 't rl-f', R : .�,, r( t,l' .t+ '"•. :r" , 4II : t" I, .. ,af �t �.a, -'4 (' ,t', / • - � .•p', .. ,t '. r'Mt .. .. .... ' .. y , 1: °I, ,^fE � f 'I " r r,''1f'. i....'_— 0 �.. .. 1. ..... :. •�'...��':�_.�a =,...$�•�-.:��L...'. k>wj.� 'f: :�!,�: :irs ref ,r .If :i �.":.1; . •. ..a �• . ill ) �, .>e } ,. .3p �.(. J i r.. fr ,. � f• ' i $d. •r ' ,. ,}'i' .:r ;.a- �i�r `!� ,•1f':�.r�'�li ii. 'i ;"�- ;1� .:. / ,1'`! ._ I.(.. .. '•)ir, .'f• .� .f-. .,, 1't+fi P `'• °° `P 'i" 'h{;',i j $� 1 ,itfJ .. .. I s . I i • r