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I
CONSERVATION DEPARTMENT
Community Development Division
December 11, 2015
Santina Failla
29 Mablin Ave
North Andover, MA 0 18 45
RE: Enforcement Order: Violation of the Massachusetts Wetland Protection Act
(M.G.L. C.131 § 40) and the North Andover Wetland Protection Bylaw (C. 178 of
the Code of North Andover) at 29 Mablin Ave, North Andover, MA.
Dear Ms. Failla,
On October 27, 2015 the Conservation Department issued a violation letter regarding the
dumping of yard waste (fill) into an intermittent stream. The Conservation Department observed
the filled area on October 7, 2015, since that date a tree has been cut within the 25' No -
Disturbance Zone without approval. According to C. 178.2 of the North Andover Wetland
Protection Bylaw, "No person shall engage in the following activities: removal, filling, dredging,
discharging into, building upon, or otherwise altering or degrading the wetland resource areas..."
including any 100 -foot buffer zone (see also Wetland Protection Act (WPA) Regulations 310
CMR 10.55).
As such, The North Andover Conservation Department is hereby issuing this Enforcement Order
requiring that you:
I . Remove all fill material from the jurisdictional resource area in the area indicated in the
attached photograph. All material removed shall be taken to a proper disposal facility off
site. This must be completed by December 30t", 2015 and the Conservation Department
must be contacted prior to commencing the removal work. Following removal, the area
must be stabilized to prevent erosion.
2. Install two wetland markers incorporating the following text: "Protected Wetland
Resource Area" and the associated rules (I square and I round marker). These markers
shall be placed on 4" x 4" x 6-7' pressure treated posts 10 feet from the edge of the
stream and approximately 20 feet apart (the placement of the posts shall be confirmed
with the Conservation Department prior to installation) and shall remain posted and be
replaced as necessary in perpetuity. The area between these posts and the stream will
1600 Osgood Street, North Andover, Suite 2035, Massa chusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
mark the No -Disturbance Zone and will be allowed to revegetate naturally. This must be
completed by December 30'h, 2015. Wetland markers are available from the
Conservation Department ($2 round/$3 square).
Three native shrubs a minimum of 4' tall shall be planted in the spring no later than May
31", 2016 in the area where the tree and debris were removed. Species and planting
location is to be approved by the Conservation Department prior to planting.
The NACC has the authority to undertake additional enforcement action including the levying of
fines. The NACC does not feel such action is necessary at this time and looks forward to your
immediate cooperation in this matter. Please do not hesitate to contact me should you have any
further questions or concerns in this regard.
Sincerely,
NORTH ANDOVER CONSERVATION DEPARTMENT
Heidi Gaf[W
Conservation Field Inspector
1, 1- 11 , - I- - -.-- _ A
1600 Osgood Street, North Andover, Suite 2035, Massachusetts 01845
Phone 978.688.9530 fax 978.688.9542 Web www.townofnorthandover-com
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important: This Enforcement Order is issued by:
When filling out
forms on the
North Andover
computer, use
Conservation Commission (Issuing Authority)
only the tab
key to move
To:
your cursor -
do not use the
Santina Failla
return key.
Name of Violator
29 Mablin Ave.
d"6-1 Address
1. Location of Violation
12/11/2015
Date
Property Owner (if different)
29 Mablin Ave and adjacent portion of paper street known as Kenwood St
_§treet -Address
North Andover 01845
City/Town Zip Code
11 64
Assessors Map/Plat Number Parcel/Lot Number
DEP File Number:
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Dumping of yard waste (fill) into an intermittent, stream and the, associated 25' No -Disturbance Zone
and removal of a tree within the No -Disturbance Zone.
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:
M 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).
Page 1 of 4
wpaform9a.doc - rev. 7/14/04
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
B. Findings (cont.)
171 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 IVIGL c.131 s.40 and the buffer zone,
but has altered an area subject to IVIGL c. 131 s.40.
Other (specify):
See letter attached.
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.
F A restoration plan shall be filed with the issuing authority on or before
for the following:
Date
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc - rev. 7/14/04 Page 2 of 4
LI)
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
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
prevent further violations of the Act:
Prior to December 30, 2015, remove fill, stabilize area, demarcate a new 10 -foot No -Disturbance
Zone and mark with posts and wetland markers as described in the attached letter. Prior to May 31,
2016, the owner will plant 3 shrubs also as described in the attached letter.
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:
Jennifer Hughes
Name
978-688-9530
-Phone Number
Mon, Wed, Thurs 8-4:30, Tues 8-6 and Friday 8-12
-Pi-o-urs/Days Available
Issued by:
North Andover
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
Commission.
natures:
Signature of delivery person or certified mail number
wpaform9a.doc - rev. 7114/04
Page 4 of 4