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HomeMy WebLinkAboutMiscellaneous - 280 Forest Streetm CA IMPORTANT MESSAGE For M Day, Time Z'30e� M LL -f 1'7_ i'0.— Of Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned_your call 5USH Came to see you Please call Special attention 4- Wants to see you Will call again Caller on hold Message Sianed 48023 LITHO IN U.S.A. Town of North Andover Office of the Conservation Department Community Development and Services Division Alison McKay Conservation Associate January 27, 2003 Frank Letizia, Jr. 380 Forest Street North Andover, MA 0 1845 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: Violation of the Massachusetts Wetland Protection Act (M.G.L. C.131 S.40) and The North Andover Wetlands Protection Bylaw (C. 178 of the Code of North Andover). Dear MrLetizia: Your neighbors at 28 Cedar Lane recently appeared before the North Andover Conservation. Commission for a permit to construct a replacement septic system within 100 feet of bordering vegetated wetands. During review and approval of the wetland delineation on the subject property, a violation of the Wetlands Protection Act and North Andover Wetland Protection Bylaw was identified on what appears to be your property. A substantial leaf pile was observed directly in the wetland resource area, behind your house at the toe of the slope in the wooded area. This department has the jurisdiction to require such materials to be removed from these protected resource areas and their associated 25' no -disturbance zones as it is considered an "alteration" to the resource area. An "alteration" includes, but is not limited to, the placement of fill (including yard waste materials), excavation, or regrading (Section H. (b) of the North Andover Wetland Regulations). Wetlands and their buffer zones are not an appropriate location to deposit yard waste or any other material. In accordance with the provisions of MGL c.40 s.21D and Section 178. 10 of the North Andover Wetlands Protection Bylaw any alteration of a wetland resource area or the buffer zone is punishable by a fine of up to $300 per day. The North Andover Conservation Commission has determined that the material should be removed to a location outside of the 25 -foot no - disturbance zone. A fine will not be levied at this time. However, the Conservation Department, acting on behalf of the North Andover Conservation Commission, may choose to issue a fine if this material is not removed to a location outside of the 25' no -disturbance zone or removed from the site a together. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION688-9530 HEALTH688-9540 PLANNING688-953_5 The material shall be removed by no later than July 11, 2003. An inspection shall be made after this time to ensure compliance of this removal. Please feel free to contact me if you have any questions. Thank you for your Cc: NACC members File m. I'M Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator June 2, 2003 Ralph Joyce 121 Collins Landing Weare, NH 03281 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40) and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover) DEP File #'s 242-1072,1073,1074,1075 & 1076 Chestnut Street Dear Mr. Joyce: On the afternoon of May 28, 2003, the, Conservation Department conducted a site inspection of your lots under development on Chestnut Street As a result of the heavy rains during the day, significant siltation into the roadway and eventually into Mosquito Brook was observed. This has been an ongoing problem with you development and repetitive inspections and issuance of violation notices continues to be a burden upon this Department Proactive best management practices and erosion control measures have not been maintained on this site and has resulted in alteration to the wetland resource areas. The identified wetland resource areas located off your property are subject to jurisdiction under the Massachusetts Wetland Protection Act (the "Act") M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the "Bylaw") Section 178. Specific wetla,nd resource areas affected by the siltation problems include the following: • Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the North Andover Conservation Commission (NACC) Regulations Section I.C.); • Riverfront Area (MWPA Regulations Section 310 CMR 10.58 and the -North Andover Wetland Bylaw Regulations Section LQ • 25 -Foot No Disturbance Zone (NACC Bylaw Section 11I.D.); and • 100 -foot Buffer Zone (NACC Bylaw Section M.D.). BOARD OF APPEALS 688-9541 BLTILDING688-9545 CONISERVATION688-9530 HEALTH688-9540 PLANNING 688-9535 I 'Ilk FIM ORDER: Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating the following: e The applicant must cease and desist activities on site until sedimentation is removed from wetland resource areas and roadways if it exists; • Sediments from the catch basins must be removed immediately; • Haybale check dams must be placed along the base of the slope in front of any unstabilized lots and upgradient of the catch basin at the intersection of Chestnut & Rea Street; • Final graded unstabilized areas must be vegetated immediately; • A report detailing implemented best management practices and mitigative measures must be submitted to this Department immediately; The violations as documented herein are subject to a $300 per day 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. This Department has elected not to levy a fine at this time but reserves the right to levy such fine if the requirements of this Violation Notice are not met 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 cooperationj Encl. CC: NACC Ms. Heidi Griffin, Community Development Director DEP-Northeast Region Jack Sullivan, Department of Public Works 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wedand Protection ByLaw (REV May 1993/REV October 1998)