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Home My WebLink AboutMiscellaneous - 296 BERRY STREET 4/30/2018 (3)I I CONSERVATION DEPARTMENT (ommunity Development Division October 9, 2015 Katherine Walsh -Murphy 296 Berry Street North Andover, MA 01845 RE: ENFORCEMENT ORDER- 296 Berry Street, North Andover, MA Dear Ms. Walsh -Murphy, On September 29, 2015, Conservation Department staff visited the above referenced location and reviewed the site for compliance with an Enforcement Order issued to David Murphy on October 28, 1998. At the site visit I observed that the locations of the previous yard waste (leaves and brush) have been cleaned up and removed and no violations currently exist on the property. On October 7, 2015 the North Andover Conservation Commission voted unanimously to release the Enforcement Order. Thank you for your cooperation in this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Heidi Gaffn4ey Conservation Field Inspector 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townof north andove r.com WILLIAM J. SCOTT Director (978) 688-9531 Town of North Andover 01 40RTH OFFICE OF 0 COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 October 28, 1998 Mr. David Murphy 296 Berry Street North Andover, MA 01845 Fax (978) 688-9542 RE: VIOLATION of the Massachusetts Wetland Protection Act (M. G.L. C. 131 S. 40) And the North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. Murphy: Please refer to my second letter dated October 14, 1998 referencing a violation on the adjacent lot to the above referenced address. A deadline of October 26, 1998 was imposed for removal of the subject yard waste. After conducting an inspection on October 26, 1998, it was determined that the deadline was not complied with. Please be aware that you are required to attend a public meeting to discuss this issue before the North Andover Conservation Commission (NACC) on November 4,1998 at the Department of Public Works located at 384 Osgood Street. The meeting commences at 7pm. Also be aware that dumping is prohibited within 100' of a wetland and is potentially subject to a $300/ day fine (Chapter 178 of the Code of North Andover - 178.10(A) of the North Andover Wetland Bylaw). Attached please find an Enforcement Order and Violation Notice. As always, I can be reached at (978)688-9530 with any questions, comments, or concerns. Sincerely, 4ztYULA+%o�o Richelle Martin Conservation Associate Cc: NACC members Dep -Nero Michael D. Howard File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 310 CMR 10.99 Form 9 Commonwealth ofMassachusetts DEP File No. 242 - (To be provided by DEP) City/Town - North Andover I Applicant - ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G.L.C. 13 1, S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conservation Commission (NACC) Issuing authority To: David Murphy Date of Issuance: October 28, 1998 Property lot / parcel number, address: 296 Berry Street Extent and type of activity: Refer to attached correspondence The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M.G.L. C. 13 1, S40, and the Regulations promulgated pursuant thereto, 3 IOCNIR 10.00, because: Asaid activity has been / is being conducted without a valid Order of Conditions. El said activity has been / is being conducted in violation of an Order of Conditions issued to dated File number 242-. condition number (s) El other (specify) The North Andover Conservation Commission h ereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by North Andover Conservation Commission (NACC) Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before (date) and 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. Application forms are available at NACC Office, Town Hall, North Andover, MA 01845, (978) 688-9530. lkThe property owner shall take every reasonable step to prevent further violations of the Act. )L Other (specify): Attend a public meeting on November 4, 1998 before the NACC. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chapter 13 1, Section 40 provides: Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Conservation Department @ (978)688-9530. Issued by: North Andover Conservation Commission Signature(s) (Administrator) 9-2b (Signature of delivery person or certified mail number) 9 Town of North Andover . OFECE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 �78) 688-9530 , t, � VIOLATION NOTICE Issued from: NORTH ANDOVER CONSERVATION COMMISSION Issued to: Lcuta— rnowy�� I j Date: D.E.P. No. ry Location/Property: Qq(9 2? -9- 0 1, � 4 0 0 AC The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and TvPe of Activity: Re btf— +L) 0�,�Ckt� CAKrt ZPowter- Cv— 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. Recruired Action: 'PV'bt VC ro ct;grn rn Questions concerning this violation notice should be directed to the North Andover Conservation- office, Town Hall Annex, 27 Charles Street, or by >calll' g (978) 688-9530. Signature: BOARD OF APPEALS 688-9541 BUMDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNLNG 688-9535 TOWN OF NORTH ANDOVER NOTICF-OF VIOLATION OF WETLAND BYLAW OFFENSE: It 71 f. TIME AND DATE OF VIOLATION (A.M.) (P.M .) ON 0(' 19 LOCATION OF VIOLATION AT SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT ( I r t�A' I V V, f _41 "W I HEREBY AC04OWLEDGE RECEIPT OF THE FOREGOING CITATION X F-1 Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS$ AMARN'INO YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. i (1) You may elect to pay the above fine, either by appearing in person between 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. n 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 DATE OF THIS NOTICE t)o k Pic 14 11 q _S NAME OF OFFENDER ADDRESS OF OFFENDER sl CITY. STATE, ZIP CODE DATE OF BI PITH OF OFFENDER A) A/ MV OPERATOR LICENSE NUMBER MVAAB REGISTRATION NUMBER A/ 1A k , I A OFFENSE: It 71 f. TIME AND DATE OF VIOLATION (A.M.) (P.M .) ON 0(' 19 LOCATION OF VIOLATION AT SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT ( I r t�A' I V V, f _41 "W I HEREBY AC04OWLEDGE RECEIPT OF THE FOREGOING CITATION X F-1 Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS$ AMARN'INO YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. i (1) You may elect to pay the above fine, either by appearing in person between 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. n 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 Town of North Andover OMCE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM 1. SCOTT Director (978) 688-9531 October 14, 1998 Mr. David Murphy 296 Berry Street North Andover, MA 01845 VIA CERTIFIED MAIL , a Fax (978) 688-9542 RE: VIOLA77ON of the Massachusetts Wetland Protection Act (M. G.L. C. 131 S. 40) And The North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. Murphy: Please refer to my September 24, 1998 letter referencing a violation at the above referenced property. After issuing a deadline of October 8, 1998, staff from this department conducted a follow up inspection. The yard waste in the Bordering Vegetated Wetland (BVW) was not removed, and in addition, this department was not contacted in regards to the incapability of meeting the deadline. Please be aware once again that you are in violation of the Massachusetts Wetland Protection Act, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. Please adhere to a 2nd deadline of Mondi!y, October 26,1998 for removal of this waste. Another inspection will be conducted at that time. Failure to comply with this deadline will require your attendance at a public meeting before the North Andover Conservation Commission (NACC) on Wednesday, November 4,1998. The meeting will be held at the Department of Public Works (DPW) located at 384 Osgood Street. The meeting commences at 7pm. Enclosed you will find an Enforcement Order and Violation Notice. Should you have any comments, questions, or concerns, feel free to contact me at (978)688-9530. Thank you for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, 6k& Richelle Martin V am� Conservation Associate Cc: NACC members Michael D. Howard Dep -Northeast Region File 310 CMR 10.99 Form 9 Commonwealth ofMassachusetts DEP File No. 242 - (To be provided by DEP) City/Town - North Andover Applicant - ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G.L.C. 13 1, S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conservation Commission (NACC) Issuing authority To: Mr. David Murphy Date of Issuance: October 14, 1998 Property lot / parcel number, address: 296 Berry Street Extent and type of activity: please refer to attached correspondence. The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M. G.L. C. 13 1, S40, and the Regulations promulgated pursuant thereto, 3 1 0CMR 10, 00, because: El said activity has been / is being conducted without a valid Order of Conditions. El said activity has been / is being conducted in violation of an Order of Conditions issued to —dated File number 242-'. condition number (s) El other (specify) The North Andover Conservation Commission hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by North Andover Conservation Commission (NACC) El Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before (date) and 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. Application forms are -available at NACC Office, Town Hall, North Andover, MA 01845, (978) 688-9530. The property owner shall take every reasonable step to prevent further violations of the act. Other (specify): Please adhere to a 2 nd deadline of Monday, October 26, 1998. Failure to do so Will require your attendance at a public meeting before the NACC on Wednesday, November 4, 1998. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chapter 13 1, Section 40 provides: Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Conservation Department @ (978)688-9530. Issued by: North And9vefIgnservation Commission Signature(s) strator) 9-16 (Signature of delivery person or TOWN OF NORTH ANDOVER N0710E OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE NAME OF OFFENDER IN T-1 /1 44-71 Lif ic 41."rIM TIME AND DATE OF VIOLATION (A.M.) (P.M .)ON 19 Cie LOCATION OF VIOLATION (f L� AT SIGNATURIF)OF ENFORCING P7N ENFORC NG DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION E] Unable to obtain signature of offender. Date Mailed Q Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS$ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO J DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 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: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. Ej 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 Town of North Andover OMCE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOIT Director September 24, 1998 Mr. David Murphy 296 Berry Street North Andover, MA 01845 VIA CERTIFIED MAIL 27 CharlesStieet North Andover, Massachusetts 01845 0 RE: VIOLATTON of the Massachusetts Wetland Protection Act (M. G.L. C. 131 S. 40) And The North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. Murphy: On September 24, 1998, staff from this department visually observed an "alteration" that took place on the lot adjacent to the above referenced property. The term flalteration" includes, but is not limited to, the placement of fill, excavation, or regrading (Section IL (b) of the North Andover Wetland Regulations). The subject violation consists of yard waste Gawn clippings, brush, etc.) that is being directly deposited in a Bordering Vegetated Wetland (BVW). This "fill" is being inappropriately deposited and needs to be removed. Wetlands and their Buffer Zones are not a desirable location to deposit material. Any work that is proposed within 100' of a BVW is subject to a Request for Determination'of Applicability (RDA) or Notice of Intent (NOD filing with the North Andover'Conservation Commission (NACC)(Sections III and IV of the North Andover Regulations). Please be aware that you are in violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. Please adhere to a deadline of Thursday, October 8,1998 for removal of this waste. Failure to comply with the above mentioned deadline will require your attendance at a public meeting before the NACC, and/or additional penalties and/or fines. Please refer to the attached Enforcement Order and Violation Notice. Should you have any comments, questions, or concerns, feel free to contact me at (978)688-9530. Thanking you in advance for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, Lt/" Richelle Martin Conservation Associate Cc: NACC members Dep -Nero Michael D. Howard, Conservation Administrator File 310 CMR 10.99 Form 9 Commonwealth ofMassachusetts DEP File No. 242 - (To be provided by DEP) City/Town - North Andover Applicant - ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G.L.C. 13 1, S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conservation Commission (NACC) Issuing authority To: Mr. David Murphy Date of Issuance: September 24, 1998 Property lot / parcel number, address: 296 Berry Street Extent and type of activity: Refer to attached correspondence The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M.G.L. C. 13 1, S40, and the Regulations promulgated pursuant thereto, 3 1 0CMR 10.00, because: El said activity has been / is being conducted without a valid Order of Conditions. said activitx has been / is being conducted in violation of an Order of Conditions issued to dated File number 242-. condition number (s) El other (specify) The North Andover Conservation Commission hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property, Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 1 1/10/�9 - — 9-1 Issued by North Andover Conservation Commission (NACC) El Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before (date) and 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. Application forms are available at NACC Office, Town Hall, North Andover, AIA 01845, (978) 688-9530. 0 The property owner shall take every reasonable step to prevent further violations of the act. Other (specify): Please adhere to a deadline of October 8, 1998 for removal of yard waste. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chapter 13 1, Section 40 provides: Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Conservation Department @ (978)688-9530. Issued by: North Aadever Conservation Commission Signature(s) 9-2b (Signature of delivery person or certified mail number) TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF Tk 9 .,4,_'rA.heE QL1,1 Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS$ N j YOU HAVE THE FOLLOWING ALTERNATIVES WI I H REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 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 disposWon of the matter, with no resulting criminal record. p (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: 21 D no n -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. C3 A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ C] B. I HEREBY REQUEST a non-chminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK:POLICECOPY GOLD:COURTCOPY