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Home My WebLink AboutMiscellaneous - 267 BOXFORD STREET 4/30/2018 (3)N -J C� "T Town of North Andover 01 40RTH -1 V OFFICE OF 0 COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 SA US Director (508) 688-9533, June 29, 1995 Mr. John Lakin & JoAnn Lanza �L2 6.7 b—o x- f5- r -d - S it r e e t North Andover, Massachusetts 0 1845 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 Mr. Lakin and Mrs. Lanza: Visual inspection of the above referenced property location on June 29, 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 Conservation Commission. Furthermore, any activity proposed or undertaken within 100' of an area specified in 3 10 CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c. 131 SAO is subject to regulation and also requires the filing of a Request for Determination and/or a Notice of Intent. It is the opinion of this Department that an unknown square footage of Bordering Vegetated Wetland (wet meadow) was cleared for the purposes of creating a "golf course". 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: Remove all "flags" and other golf related equipment from the wetland resource area; Cease and desist from further alteration of the wet meadow and allow the site to return to natural conditions. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nioetta Wchael Howard Sandra Staff KatWeen Bradley Colwell 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. Sincerell / I y 7,/) Michael D. Howard - Natural ResourceALand Use Planner cc: NACC encl. M '1-41 Town of North Andover ot AORT)l .1 OFFICE OF '6 0 COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 Issued from: Issued to: Date: VIOLATION NOTICE North Andover Conservation Commission (NACC) Mr. John Lakin & JoAnn Lanza June 29, 1995 DEP #: N/A Location/Property 267 Boxford Street, N. Andover, MA 0 1845 The NACC has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 13 1, Sec. 40) and/or the Town of North Andover Wetlands Protection ByLaw. EXTENT AND TYPE OF ACTIVITY: • Alteration of an Area Subject to Protection Under the Massachusetts Wetlands Protection Act (3 10 CMR 10. 00) and the North Andover Wetlands Protection ByLaw (Ch. 178 of the Code of North Andover), • Unknown square footage of Bordering Vegetated Wetland (wet meadow) as defined under 3 10 CMR 10. 00 was cleared/altered for the purposes of constructing a "golf course". If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER will be issued, which may include a stop work order, which may be followed by legal action. REQUIRED ACTION: 9 Refer to enclosed correspondence. Questions concerning this violation notice should be directed to the North Andover Conservation Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530. Signature: ix BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nioetta Wchael Howard Sandra Starr Kathleen Bradley Colwell 26-7 gxca 5� - "a, )- SENDER: :2 - Complete items 1 and/or 2 for additional services. I also wish to receive the . I (4 - Complete items 3, and 4a & b. following services (for an extra 4) 4) * Print your name and address on the reverse of this form so that we can f ee): .2 > return this card to you. D . > Attach this form to the front of the mailpiece, or on the back if space 1 - El Addressee's Address 0) ' does not permit. (D , Write "Return Rec-e?,t Requested" on the mailpiece below the article number.. cted Delivery 2. El Restri .0 * The Return Recel'�t',��ill show to whom the article was delivered and the date C delivered. Consult postmaster for fee. —5. —Article Addressed to: 4a. Article Number Lin- �lq CL E FD 4b. Service Type 4) 0 El Registered 11 Insured DIMS- El Certified El COD v=) El Express Mail E] Return Receipt for cc Merchandise 0 7. Date of Delivery 0 8. Addressee's Address (Only if requested x and fee is paid) r - cc Sig Form DecemW 1991 * U.S.G.P.O.: 1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES pOSTAL SERVICE official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 PU.S.MAIL] Print your name, address and zip Code here 0 NOVTH AM" CONSERYM" CWM'SS'ON NORTH ANDOVER 10WK HAII 120 MAIN STREET NORTH ANDOVER MA 01W u z 40 Cd kn 00 92. 0 �r �t �' i S _. ' 1 KENNETH R. MAHONY Director June 29, 1995 Town of North Andover OMCE OF 6 6 0 COMMUNITY DEVELOPMENT AND SERVICES -0 c-1_'.*__ 146 Main Street -'*` North Andover, Massachusetts 0 1845 S4CH (508) 688-9533 Mr. John Lakin & JoAnn Lanza 267 Boxf5rd Street North Andover, Massachusetts 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 Mr. Lakin and Mrs. Lanza: Visual inspection of the above referenced property location on June 29, 1995 revealed violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity proposed orundertaken'-w'i'th'i'n'a"n'a'r'ea- "specified, in, the Act (qlO CMR10.02 (1)(a) whichwill -remove -fill, dredgebr alter that area i's . subject.to.r.egulation under.M.G.L. c. 131 s.40.and requires the filing of a Notice- of Intent with the ConseNation Commission. Furthermore, any activity proposed or undertaken within 100' of an area specified in 3 10 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 for the purposes of creating a "golf course". 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: Remove all "flag's" and other golf related equipment from the wetland resource area; Cease- and. d e.sist.from further.alter-ation ofthe wet, meadow and allow the, site'.to return to natural, conditions., BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta 1.1idiael Howard Sandra Starr Kathleen Bradley Colwell 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. Sincerel Michael D. Howard Natural ResourceALand Use Planner cc: NACC encl. Town of North Andover . OMCE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director Issued from: Issued to: Date: Location/Property 146 Main Street North Andover, Massachusetts 0 1845 (508) 688-9533 VIOLATION NOTICE North Andover Conservation Commission (NACC) Mr. John Latdn & JoAnn Lanza June 29, 1995 DEP #: N/A 267 Boxford Street, N. Andover, MA 0 1845 The NACC has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 13 1, Sec. 40) and/or the Town of North Andover Wetlands Protection ByLaw. EXTENT AND TYPE OF ACTIVITY: Alteration of an Area Subject to Protection Under the Massachusetts Wetlands Protection Act (3 10 CMR 10.00) and the North Andover Wetlands Protection ByLaw (Ch. 178 of the Code of North Andover); Unknown square footage of Bordering Vegetated Wetland (wet meadow) as defined under 3 10 CMR 10. 00 was cleared/altered for the purposes of constructing a "golf course". If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER will be issued, which may include a stop work order, which may be followed by legal ac i tion. REQUIRED ACTION: * Refer to enclosed correspondence. Questions concerning this violation notice should be directed to the North Andover Conservation Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530. Signature: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nioetta hfichael Howard Sandra Starr Kalhleen Bradley Colwell C; 0 00 M C/) —a— ,P*406 914 854 Receipt for Certified Mail No Insurance Coverage Provided �D SrKAWS Do not use for International Mail (See Reverse) Sent to MR, I Street and N P.O., State and ZIP Code 2k / 11 J Vosiage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Is Postmark or Date (as-laAa6f) L66L ounr IOOSE: L&JOd Sd r- -;i 2 E Nt 2= E E LU 0 LU cm w. CC c4 I.- ca Z T m ca Lu C2 CC o o IL ca cl LU E Q vj M. C.3 -9 1. o.S '= -.S2 ca LO S E E E'S CD L) E 0 co) E c6 LU cc C, r - E co, A 2. ca ca cc -9 E UA M, ca E E. ui M Ld I. w A k P c4 � --- =0 U tj E ts Lu C: p cm ku =,a 3: Lu cl LU . . ci c: I r..G LU IM TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETUND BYLAW 9 DA E F HIS NO.TICE Ni OFFENDER 81K I'Ll 20 fm4-p-b _S 1. CITY, STATE. ZIP CODE N, A)MIP - DATE OF BIRTH OF OFFENDER MV OPERATOR UCENSE NUMBER MVIMB REGISTRATION NUMBER OFFENSE: — 4-5mov Nu 4,4r Z,4f, TIME AND DATE O(F VIOLAT N 19 A.M.) r P.q) ON LOCATION OF VIOLATION AT j SIGNATURE OF ENFORCING I ENFORCING DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION rj E] Unable to obtain signature of offender. Date Mailed /6 Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. Nou may elect to pay the above fine, either by appearing in person b,aen 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. C] A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ E] B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK:POLICECOPY GOLD:COURTCOPY i! 0. - Town of North Andover . OMCE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 0 1845 Director (508) 688-9533 October 13, 1995 Mr. John Lakin 267 Boxfora—S-t—reeF North Ando'ver, Massachusetts 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 Mr. Lakin: 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 Conservation Commission. Furthermore, any activity proposed or undertaken within 100' of an area specified in 3 10 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 (BVW/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 allow the site to return to natural conditions; • Adhere to the 25' No -Disturbance Zone as mandated under the local wetland ByLaw (refer to the enclosed regulations). 0 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Mchael Howard Sandra Starr Kathleen Bradley Colwell 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, Mchael D. Howard Natural ResourceALand Use Planner cc: NACC encl. M M W 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. SE UILD ZONES When proposing alterations of land within 501 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 251 no -disturbance zone extending from the edge of all wetland resource areas and a 501 19 0 no -build zone. N o activity is allowed in the no -di turbance zone. Building construction of any kind is prohibi ed I in the no - building zone. This includes, but is not limited o, home t 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 XII - 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 XIII - 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). I SECTION XIV - POLICIES These Regulations may be supported by policy statements issued by C; 0 W M ,P 406 914 767 Receipt for Certif ied Mail No Insurance Coverage Provided WTW MMS Do not use for International Mail (See Reverse) Sentto Mr. John Lakin Streetjnd No - 67 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 �.Diqg, Delivered 1. RetzF�e'ceipll�6bwinj-to Whom, _i Dat,,'&d��ress T Vbst $ rl, 4�11 (GsJaA8Y) L66L ounr oo8c wJO-+Sd 0 E LU 9 - MLU �.2 CC m A Z CA Q 0 w LU E c sw w E Q I.- ca LO A2 S. IE I-, mE wl a E E r= m 45 �5 E. LAI CO) La 0. = 4c M E LU wm 0 r AN w LU ca =.t! M C.j a- 'r. a . % Ea FILU U) 3 w CO) -LU Lu 0 cli m Ci cc i Ci SENDER: Complete items 1 and/or 2 for additional services. V L 01 1 also wish to receive the 4) Complete items 3, and 4a & b. following services (for an extra 6 .2 Print your name and address on the reverse of this form so that we can f ee): > Q return this card to you. > . Attach this form to the front of the mailpiece, or on the back if space 1. El Addressee's Address 4) 4) does not permit. a) . Write "Return Receipt Requested" on the mailpiece below the article number. 2. 1:1 Restricted Delivery .2 - The Return Receipt will show to whom the article was delivered and the date 4) 0 delivered. 0 Consult postmaster for fee. 0 -0 3. Article Addressed to: 4a. Article Number 4) P 406 914 787 a. Mr. John Lakin E 4b. Service Type 0 0-67 Boxford Street El Registered El Insured 0 No. Andover YA 01345 XP9 Certified EICOD A El Express Mail [-] Return Receipt for Merchandise Oil 7. Date of Delivery 0 5. glandiure ddresse-N 8. Addressee's Addre (Only if requestid and fee is paid) W 6. Sign ture (Agent) 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 US MAIL OF POSTAGE, $300 L Print your name, address and ZIP Code here NORTH ANDOVER CONSERVATION COMMISSION NORTH ANDOVER TOWN HALL 120 MAIN STREET NORTH ANDOVER MA 01845