HomeMy WebLinkAboutMiscellaneous - 295 WEBSTER WOODS 4/30/2018\�
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TREE & LANDSCAPE, INC.
P.O. Box 36
Atkinson, New Hampshire 03811
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Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Alison McKay
Conservation Associate
April 10, 2003
Ken Kustka
295 Webster Woods Lane
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 295 Webster Woods Lane
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).
Dear Mr. Kustka:
During a routine inspection conducted by the Conservation Department on April 7, 2003, I observed
work activities within 100 feet of a protected wetland resource area without a permit from this
department. Observations were made from the road and from the abutting property when I
conducted an inspection for a proposed pool permit filing that was submitted to the Department.
On a follow up visit on April 10, 2003, in response to several anonymous complaints, I observed the
same above activities. I spoke with Michael Arrasmith of Atkinson Tree & Landscape, Inc. about
the work activities. He informed me that a patio was being constructed, along with some
landscaping around the lot. The patio would to be about 70-80 ft from the wetland resource area.
He had agreed to install haybales along the boulder retaining wall to prevent erosion from the
stockpiled materials. In speaking with Mr. Arrasmith, it was evident that he was very willing to
work with me and was simply an honest mistake that we did not receive a permit in regards to the
work. Because of this and due to the nature of the work, I have decided that a fine is unwarranted in
this case.
Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)),
the Order mandates the immediate installation of staked haybale erosion controls along the top of the
boulder retaining wall. The site shall be seeded and stabilized immediately following the completion
of work. The Conservation department must be contacted upon completion of work to verify
compliance with the Wetlands Protection Act and the Local Bylaw.
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
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)
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-953 5
violation continues shall constitute a separate offense. At this time, the Department has elected to
waive a fine. However, we reserve 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 ztsult in -the
issuance of additional penalties. This Enforcement Order shall become effective upon receipt.
Please feel free to contact me if you have further questions or concerns in this regard.
Your anticipated cooperation is appreciated.
Sincerely,
A4,
Alison McKay
Conservation Associate
Encl.
CC: NA CC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection.Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover 4/10/03
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor -
do not use the Kenneth Kustka
return key. Name of Violator
295 Webster Woods Lane, North Andover, MA 01845
VQ Address
1. Location of Violation:
SAME
Property Owner (if different)
295 Webster Woods Lane
Street Address
North Andover 01845
City/Town Zip Code
106B Lot 20 B
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Construction activities for a patio within the buffer zone of a bordering vegetated wetland without an
Order of Conditions or respective Determination of Applicabily. Several stockpiles of materials on site.
Staked erosion controls required along the top of the boulder wall. No grading is proposed. Work may
proceed and be completed under this Order. Site shall be seeded and stabilized immediately following
completion of work.
B. Findings
The Issuing Authority has determined that the activity described above 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 without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
wpaform9a.doc • rev. 12/15/00 Page 1 of 3
F
Massachusetts Department of Environmental Protection-,v—
Bureau
rotection-.!.Bureau of Resource Protection = Wetlands
Ll WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131; §40
Name
File Number
B. Findings (cont.)
® Other (specify):
attached Enforcement/Violation Letter
C. Order
Dated
Condition number(s)
The issuing authority hereby orders the following (check all that apply):
DEP File Number:
Provided by DEP
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
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 to prevent further violations of the Act:
See Attached Cover 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
wpaform9a.doc • rev. 12/15/00 to exceed twenty-five thousand dollars for each violation". Each day or. portion thereof of contiRtoia@ s
violation shall constitute a_separate offense.
d
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals/Signatures
DEP File Number:
Provided by DEP
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 McKay, Conservation Associate _
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover Conservation Commission
Conservation Commission
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.
Signatures:
gnature of delivery person orI/`
ied mail n be
wpaform9a.doc • rev. 12/15/00 Page 3 of 3
d oo 0
FORM U - LOT RELEASE FORM /.
INSTRUCTIONS: This form is used to verify that all necessary approvals/perr fQi eve
/Boards
and Departments having jurisdiction have been obtained. This does no
the applicant and/or landowner from complianc- with any applicable or requirements.
APPLICANT FILLS OUT THIS SECTION
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..% ��-d�i`'� f LLe PHONE G 53c9c7
APPLICANT a y
LOCATION: Assessor's Map Number
PARCEL
LOT (S) c�
SUBDIVISION
STREET . ST. NUMBER ��
_ ell657 Y
USE ONLY
RECOMMENDATIONS OF TOWN AGENTS:
CONSERVATION ADMINISTRATOR
1NbST FCl YsA n 1-} 202
CVAMENTS
COMMENTS
FOOD IjP�fAHEALTH
SEPTIC INS
COMMENTS
OR -HEALTH
PUBLIC WORKS - SI
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FIRE DEPARTMENT
DATE AF1-Kuv=u IVV
DATE REJECTED L-510'2
DATE APPROVED
DATE REJECTED_
DATE APPROVED
DATE REJECTED_
DATE APPROVED
DATE REJECTED_
RECEIVED By BUILDING INSPECTOR
Revised 9197 jrn
DATE
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j� S.E. CIIMMINGS & ASSOCIA TES
P.O. BOX 1337 PLAIMW, N.H. 03885
ecl TELEPHONE (80X482-5085 PAX 1603)-382-5216
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TAX MAP 210 BLOCK 106-8
LOT 208
CAMPBELL FOREST
NORTH ANDOVER, MA.
PREPARED FOR. MES/T/ DEVELOPMENT
100 ANDOVER BYPASS, SU/TE 340
NORTH ANDOVER, MA. 01845
DATE: FEBRUARY 25, 2002
SCALE 1" = 80'
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MA BUILDING DEPARTMENT
THA T THE EXISTING FOUNDA TION DRA WN
ON THIS PLAN /S LOCATED AS SHOWN
AND THA T /T DOES COMPLY TO THE
MINIMUM BUILDING SETBACKS TO
PROPERTY LINES.
M/N/MUM SETBACKS.• FRONT — 3O FEET
SIDE — 30 FEET
REAR — 30 FEET
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N83'16 34"E
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12.96
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0
4
N 89'43 �5 E
46.40
CAMPBELL ROAD
n
TAX MAP 210 BLOCK 106-8
LOT 208
CAMPBELL FOREST
NORTH ANDOVER, MA.
PREPARED FOR. MES/T/ DEVELOPMENT
100 ANDOVER BYPASS, SU/TE 340
NORTH ANDOVER, MA. 01845
DATE: FEBRUARY 25, 2002
SCALE 1" = 80'
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MA BUILDING DEPARTMENT
THA T THE EXISTING FOUNDA TION DRA WN
ON THIS PLAN /S LOCATED AS SHOWN
AND THA T /T DOES COMPLY TO THE
MINIMUM BUILDING SETBACKS TO
PROPERTY LINES.
M/N/MUM SETBACKS.• FRONT — 3O FEET
SIDE — 30 FEET
REAR — 30 FEET