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HomeMy WebLinkAboutMiscellaneous - 257 BOXFORD STREET 4/30/2018 (3)TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW .1"' MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER t vrrcrrvac. — `IAit k -,A Qtgth l'r'' JA tit VT`s Z� r AT t1ty7$At-12 14" I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION 1. X / ❑ Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ f/. YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. �You may elect to pay the above fine, either by appearing in person zen 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 120 Main St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 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.1 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 AndoverNORTk OFFICE OF �? °y ' '' 16 ,�oOL COMMUNITY DEVELOPMENT AND SERVICES ° : p 146 Main Street KENNETH R MAHONY North Andover, Massachusetts 01845 9SSAcMUS�t Director (508) 688-9533 October 13, 1995 Mrs. Laura Goodwin f 257 Boxford Street-] North Andover, MA 01845 RE: VIOLATIONS of the Massachusetts Wetlands Protection Act (310 CMR 10.00) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Mrs. Goodwin: Visual inspection of the above referenced property location on October 13, 1995 revealed violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 SAO and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC). Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or a Notice of Intent. It is the opinion of this Department that an unknown square footage of Bordering Vegetated Wetland (wet meadow) was cleared. Under the local ByLaw, a violation of this magnitude is subject to a $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time I am not issuing a fine, however, the following conditions shall be imposed: • Cease and desist from further alteration of the wet meadow and BVW and allow the site to return to natural conditions; • Adhere to the 25' No -Disturbance Zone as mandated under the local wetland ByLaw O(refer to the enclosed regulations). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell As we discussed, the existing limit of manicured lawn and "trail" system are permissible, however, any further alteration will require a permit from the NACC. Your future cooperation with regards to this matter is appreciated. If you have any questions or concerns please do not hesitate to contact this office. Thanking you in advance. Sincerely, Michael D. Howard Natural Resource/Land Use Planner cc: NACC encl. C permanently stabilize the work be determined on a site -by -site guidelines: Proj ect Single Family Home Commercial/Industrial Facility Subdivision B. Covenant site and all soils. Bonds shall basis using these general Range of Bond $3,000 to $10,000 $5,000 to $15,000 $10,000 or more 18 The Commission may require the applicant to secure the performance and observance of conditions imposed on the project, by a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the Town whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. C. Reduction of Bond or Surety The penal sum of any required bond, or the amount of any deposit held hereunder may, from time to time, be reduced by the Commission and the obligations of their parties thereto released by the Commission in whole or in part. D. Release of Performance Guarantee Upon completion of site alterations required in the permit, security for the performance of which was given by bond, deposit or covenant, or upon the complete performance of the covenants with respect to the site, the applicant may request and agree on terms of release with the Commission. If the Commission determines that said alterations have been completed in compliance with the conditions of the permits, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished same, or release the covenant, if appropriate. If the Commission determines that said alterations have not been completed in compliance with the permit, it shall, within 45 days, specify to the applicant, in writing, the details wherein said alterations fail to comply with the permit. SECTION %I - NO -DISTURBANCE AND NO -BUILD ZONES When proposing alterations of land within 50' of a wetland, the applicant must overcome a strong presumption of adverse impact on the adjacent wetlands and their functions and values. The Commission will likely require a 25' no -disturbance zone extending from the edge of all wetland resource areas and a 50' I ?osis O19 no -build zone. No activity is allowed in the no -di turbance zone. Building construction of any kind is prohib' ed in the no - building zone. This includes, but is not limited o, home construction, porches, decks, additions, and sheds. Driveways and fences may be allowed in the no -build zone. The imposition of these additional zones is established since, in the considerable body of experience of the Commission, alteration of land immediately adjacent to a wetland invariably results in the alteration of the wetland itself. Such wetland alterations have been observed during construction such as siltation, over - grading or depositing construction debris. Such alterations have been observed after construction from improper land use such as unregulated filling, cutting of vegetation, extension of lawns or the depositing of yard waste. Such alterations have been observed resulting in increased -runoff, siltation and temperature or nutrient loading resulting from the change in land use immediately adjacent to the wetland. These subsequent alterations cannot be regulated without the imposition of the restricted zones detailed above. Since the Commission cannot allow unregulated alterations' of wetlands, these restricted zones will likely be imposed on all projects. Due to the highly sensitive nature of Lake Cochichewick and its watershed, the size of restricted zones in the watershed will be increased to the amount needed to protect the wetlands and receiving water bodies from degradation. The exact size of those zones will be made on a case-by-case basis. Such findings have compelled the Commission to engage in research into the literature and regulations concerning the function and necessity of such zones. See the policy statement in Appendix 5. SECTION %II - AVAILABILITY OF REGULATIONS Copies of these Regulations and the Bylaw shall be made available for purchase from the North Andover Conservation Commission, 120 Main Street, North Andover, MA 01845, for the price of $10.00 in the form of a check payable to the Town of North Andover. SECTION %III - AMENDMENTS These Regulations may be amended from time to time by a majority vote of the Conservation Commission. Prior to taking a vote on an amendment, the Conservation Commission shall have held a public hearing on the proposed change(s). 0 SECTION %IV - POLICIES These Regulations may be supported by policy statements issued by O O CO M P 406 914 788 Receipt for v Certified Mail No Insurance Coverage Provided VOSTLL SERVICE UAIE ..s Do not use for International Mail (See Reverse) Sent to Mrs. Laura Goodwin Street and No. 257 Boxford Street P.O., State and ZIP Code No. Andover MA 01845 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Dat .,roe. a� Return Rec,4,t�hov;inj,*,tbdWhoh, Date, an A�ress S, ddre`ss� TOTAL oi4agey ,✓�+p� & Fees Cr Postm k or Date'�� (as_a6f) mei _n ' o8E ©q S _ 1.2 E E \ �© LU §�2 CP CA ww k/k 0.� \}$ _ c ■§§ - §ca ■ f- §- � (�§ LC }CA \ - \E §k {/ g § B�- §§ s� 2 s `� O § kk mak\ �- k _ In 0. § fEf S %I§2 {> I - -4 0@ $.0 k k k co B k _ §� CA ■ �{ ■»a` ©w j/k ��k° MM �) Ma 2§ ;2 ]- L. - L ;&L E _ e=o K \2( wk w§)■ �§ \k j SENDER: y Complete items 1 and/or 2 for additional services.' -1 also wish to receive the d • Complete items 3, and 4a & b. v ib following services (for>an extra. 0 • Print your name and address on the reverse of this form so that we can fee): > N return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address 4) does not permit. + t • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery " • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. y -0 3. Article Addressed to: 4a. Article Number cc m P 406 914 788 a i�irs. Laura Goodwin 4b. Service Type d 0 257 Boxford Street ❑ Registered ❑ Insured °C cnl No. Andover NSA 01845 97 Certified ❑ COD c etii� ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery w it a — 0 5. Sign re (Addressee) _U _ ,. g. Addressee's 4ddre3s (Only if requestid and fee is paid) Signature (Ag t) 7 0 PS Form 3811, December 1991 *U.S.GPO: 1993-352-714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT ' OF POSTAGE, $300 Print your name, address and ZIP Code here NORTH ANDOVER CONSERVATION COMMISSION NORTH ANDOVER TOWN HALL 120 MAIN STREET �dORTH A(VQQVER SIA 184 lil,1IM111,11„ „I:l,l,!, „,I,, ,,tiQ,„i, it„Oftill ew./r `n NORT/�,h °°` KAREN H.P. NELSON rO 3 o m s Town of DIYECZOY . ��°..:.° NORTH ANDOVER BUILDING �'r �0 ,ss�pMu CONSERVATION DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT June 28, 1993 Mr. Brian Sifferlen 257 Boxford St. North Andover MA 01845 Dear Mr. Sifferlen: 120 Main Street, 01845 (508) 682-6483 Recently, while driving down Boxford St., I noticed that you have recently extended your back yard and installed a swing set. Please be advised that any alteration of land within 100' of a wetland requires a permit from the Conservation Commission. As you may know, the construction of your house was the subject of a permit from the Conservation Commission. This permit established a 25' non -disturbance zone around the wetland. The original lawn was established at the maximum allowable limit within the limitations of the permit. If you have exceeded your back yard more than 30' from the back of your house, you have violated the non -disturbance zone. Please contact my office at 682-6483 so that I can advise you how to obtain a permit. Thank you for your attention to these matters. sincerely, �. Richard P. Doucette Conservation Administrator Town of North Andover