HomeMy WebLinkAboutMiscellaneous - 347 HILLSIDE ROAD 4/30/2018 (3)r Wetlands &
Land Management, Inc.
November 25, 2002
Julie Parrino
North Andover Conservation Commission
27 Charles Street
North Andover, MA 01845
RE: Wetland restoration plan — 347 Hillside Road
Dear Ms. Parrino.
Attached is the wetland restoration plan I developed for Mr. Accolla. I believe this
addresses everything we discussed at the site and later by telephone_
I spoke with Mr. Accolla today about timing of the earth removal. Unfortunately, the
weekly rain we've been getting has rendered this site unworkable unless you really
wanted to make a mess.
The excavator is ready to start as soon as the area dries out a little more. Mr. Accolla
plans to have the earthwork and wall completed this year with planting to occur on the
spring. Mr. Accolla plans to contact me when the soil removal is underway so that I can
visit the site at that time.
Please call me if you have any questions or comments regarding this plan, otherwise the
property owner will proceed as outlined.
Sincerely,
Wetlands & Land Management, Inc
William J. Manuell
Professional Wetland Scientist
500 Maple Street, Danvers, Massachusetts 01923
Tel 978-777-0004 • Fax 978-777-6363
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/ l,n Wetlands &
Land Management, Inc.
Wetland Restoration Methodology
347 Hillside Road, North Andover
The property owner at 347 Hillside Road has initiated unauthorized grading and placement of fill
in buffer zone and extending into the adjacent bordering vegetated wetland. The unauthorized
work included cutting of trees and shrubs, importing fill material to ease the sideslope grade of
an above ground leach field, York raking the area, stockpiling boulders and logs within the
wetland area.
Prior to the unauthorized work, the owner reports most of the impacted area was a lawn or
sparsely vegetated. Most of the logs seen piled on the site came from the area directly around
the existing house. The abutting property has a cleared lot with lawn cover and the leach field
mound to the limit of wetlands at the rear of the property.
Wetlands & Land Management Inc. has visited the site to determine pre -alteration wetland
boundaries. The wetland delineation is initiated in an undisturbed wooded area on the left/
northerly side of the property. Here the indigenous vegetation is undisturbed and no ground
alteration occurred. Wetlands in the portion of the site were evaluated using delineation
methodology established in the Wetlands Protection Act and the Department of Environmental
Protection "Delineating Bordering Vegetated Wetlands Handbook" dated 1995, and the US
Army Corps of Engineers Manual (1987). These regulations and methodology incorporate the
evaluation of hydric soils, predominance of wetland vegetation and wetland hydrology to
evaluate the upper limit of vegetated wetlands. Flags Al to A6 depict the wetland boundary
here with flag A6 located on the edge of the undisturbed area.
From A6, the next flag placed was A7 on the opposite side of the disturbed area. This flag was
placed at the edge of the transition of the lawn area and septic system mound and the adjacent
shrub swamp wetland. The boundary between A6 and A7 was assumed to be a line across the
disturbed area connecting these two flags. Grade alteration and filling has occurred both upslope
and down slope of this line.
The wetland boundary was reviewed in the field by the North Andover Conservation
Commission agent. At this field visit, the extent of restoration was determined. The property
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owner would remove fill material within the wetland area and a no -disturb area, stabilize the
grade by providing a maximum of three to one slope adjacent to the existing leach field mound,
construct a boulder wall across the disturbed area of the site, fifteen feet upgradient of the
wetland boundary, restore plant cover within the disturbed wetland area and the newly
established no disturb zone and finally stabilize the remaining buffer zone with loam and seed.
The following is a suggested methodology and construction sequence to complete the restoration
effort. The intent of this restoration effort is to restore upon maturity, a shrub swamp wetland of
similar density and species diversity as the adjacent undisturbed wetland to the north and east.
• The property owner shall remove fill material from the adjacent wetland and restore the
area to pre -disturbance grades. From auguring at the site, it appears the underlying
topsoil layer is intact. Fill soils within the disturbed wetland area and the area fifteen feet
above the wetland boundary (the no -disturb zone) shall be stripped off to expose the
underlying topsoil. Leaving one to two inches of fill material over the topsoil is
acceptable. In doing so, this ensures the seed and rootstock in the upper layer of the
existing topsoil will not be stripped off. Fill soils on the easterly side of the leach field
mound and woods shall be graded to a three to one slope. The buffer zone upgradient of
the no disturb zone shall be finish graded such that the area blends smoothly into the
adjacent mound leach field, and the undisturbed woods on the opposite side of the
disturbed area. The maximum grade shall be three feet horizontal run to one foot vertical
rise. The finish grade of the wetlands and the no disturb zone should be verified by a
wetland professional or the North Andover Conservation Commission agent prior to plant
installation.
• After removing the fill, the property owner will remove the stockpiled logs from the
wetland area. A suggested location for re -location is along the northerly side of the
property adjacent to the existing woods, leaving sufficient room to construct the boulder
waft.
• The property owner will construct a boulder wall along a line fifteen feet upgradient of
flags A6 to A7, establishing a fifteen --foot no -disturb zone between the wall and the
wetland boundary. The boulders presently stockpiled within the wetlands will be used for
this wall. Following the wall construction, the no -disturb zone and the wetland area shall
be raked free of tire ruts, deep tracks and the like. Once the area is raked, machinery is
no longer permitted in this area
• The newly graded wetland and no disturb areas shall be planted with a variety of shrubs
and trees. The ground cover shall be seeded with a wetland seed mix and lightly mulched
with straw mulch (not hay) to effect stabilization of the ground surface.
• The disturbed buffer zone surfaces shall be final graded, loamed and seeded with a
durable grass mixture.
61*d L8oT-SLG-8L6-1 eTT000d eipueS 1 Ruoy,4ud dgo:bo 90 8o oaa
• The intent of this restoration area is to provide a minimum of 75% plant cover of a
combination of woody trees and shrubs and herbaceous plants within the wetland and no -
disturb zone within two growing seasons. Nursery stock planting will provide the initial
plant coverage. It is expected the adjacent wetland and buffer zone will volunteer species
to the restoration area and the no -disturb zone as well.
• The replication work should be completed under the supervision of a wetland
professional_ In order to assure re -vegetation success, inspections after installation and at
the end of the first and second growing season are recommended. Additional planting
with nursery stock at the end of the first growing season may be necessary to correct
deficiencies in species distribution or density.
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WETLA-N,'DS & LAND NUNAGEMENT, INC.
500 MAPLE STREET
DANVERS, MA 01923
978-777-0004
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetland order
WPA Form gA - Enforcement
Massachusetts Wetlands Protection Act M.G.L_ c. 131, §40
A. Violation Information
rmportant: This Enforcement Order is issued by:
When filling out
forms on the North Andover iss�n9 Autt
computer, use Ccrtservation Commissim
only the tab
move T
key to o.
your cursor -
do not use the Anthon Accolla
return key. Name or viOlOf
347 Hillside Road, North Andover, MA 01845
Address
1, LOCatiGr-, Of Violation:
SAME
P=ww Owner (f different)
347 t Gltsioe rw �u
$tree/ Address
6-27-03
Code
25
A�essors map/Plat Number
2. Eadent and Type of Activity:
Non -corn liance with reviousl issued Enforcement Order.
DEP Fie Number:
provided byDEP
B. Findings
The Issuing Authority has determined that the activity destxibed above is in violation of the Wetlands
Protection Ad (M-G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:
® the activity has beenriis being conducted without a valid Order of Conditions.
the activity has been/is being conducted in violation of the Order of Conditions issued to:
n.tod
File
V,W0rmgadw • my. 12J15100
numbers)
page 1 of 3
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I
Wetlands &
Land Management, Inc.
August 13. 2003
Julie Parrino
North Andover Conservation Commission
27 Charles Street
North Andover, MA 01845
RE: Wetland restoration plan — 347 Hillside Road
Dear Ms. Parrino:
The wetland restoration is completed at 347 Hillside Road. To date, the owner has removed the
Iogs and stone pile from the impacted area., returned the impacted area, to original grade, installed
the number and species of wetland plants per the wetland restoration plan, cone the stone
wall at a line 15 feet up gradient of the wetland line.
At my last inspection, I noted 100% plant survival of the nursery stock and the wetland seed mix
had begun to germinate as well.
The remaining yard area/ buffer zone has yet to be seeded, but the stone wall at the 15 -foot line
creates a barrier such that no sediment can travel beyond the wall.
The owner has also attempted to prevent purple Ioosestrife invasion by cutting and/or pulling
mature Ioosestrife near the replication area.
I believe the work has been completed in accordance with the restoration Plan approved by your
office. Per the approved plan, I will conduct an end of Year visit to monitor the site, and perform
a site inspection at the end of next years growing season,
Sincerely.
Wetlands & Land Management, Inc.
William J. Manuell
Professional Wetland Scientist
500 Maple Street, Danvers, Massachusetts 01923
Tel 978-777-0004 • Fax 978-777-6363
Z'd L80T-SLG-9LG-T eTT000d eapues I& Ruoyzud Jco:vo go so oaa
Massachusetts Department of Environmental Protection
Bureau of Resouroe Protection - Wetlands DEP File Number.
1�. WPA Form 9A - Enforcement Order
I �Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Provided by DEP
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 beenrs being conducted without a valid Omer of Conditions.
❑ the activity has beenrs being conducted in violation of the Order of Conditions issued to:
File Number Condition number(s)
wWofm9a.doc • rev. 12MSU
Page t of 9
6'd LOOT-SL6-8L6-T Q1100OU e4pues 1 Ruoy%ud dt0:vo 90 so oaa
A. Violation Information
Important:
When tilling out
This Enforcement Order is issued by:
forms on the
computer, use
North Andover
10-14-02
only the tab
Conservation Commission (tssufng Authority)
Date
key to move
To:
your cursor -
do not use the
Anthony Accoila
return key.
Name or V*ktor
347 Hillside Road, North Andover, MA 01845
Address
1. Location of Violation:
SAME
Property Owner (d different) —
—
347 Hillside Road
Street Address
North Andover
01845
City/rown
Zip Code
25
29
Assessors Map/Pig Number
Parcel/Lot Number
2. Extent and Type of Activity:
Clearing and filling activities within a bordering vegetated wetland resource area and buffer zone
without an Order of Conditions.
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 beenrs being conducted without a valid Omer of Conditions.
❑ the activity has beenrs being conducted in violation of the Order of Conditions issued to:
File Number Condition number(s)
wWofm9a.doc • rev. 12MSU
Page t of 9
6'd LOOT-SL6-8L6-T Q1100OU e4pues 1 Ruoy%ud dt0:vo 90 so oaa
\ Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
ti WPA Form 9A - Enforcement Order - DEP—
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and ail 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
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
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaW ffft.doe - mv. 12/16/00 Page 2 of 3
Ol:'d L80T-9L6-8L6-T eTT000d eipues I Ruoy:iud db0=b0 90 80 osa
iLlMassachusetts Department of Environmental Protection
� r:Bureau of Resource Protection -Wetlands DEP File NumbeWPA Form 9A - Enforcement OrderProvided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday - Friday
Hours/Dep Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Omer may be signed by a single member or
agent of the Commission an by by majority of the members at the next scheduled meeting of the
Commission. _ /
Signatures: /
Signature of delivery person or ceffmo mail number
wpaform8a.doc -rev. 17115!00
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Page 3 of 3
dS0:vo 90 80 08a
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
October 14, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Suet
North Andover, Massachusetts 01845
pORT�}
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
On October 11, 2002 personnel from the Conservation Department, including myself, met with
you on your property to discuss a possible violation within wetland resource areas or the
buffer zone to wetland resource areas. The purpose of the inspection was to determine if
clearing and grading activities have been conducted within an area of jurisdiction subject to
protection 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. During my
inspection of the property on October 11, 2002 I observed clearing and filling activities
conducted recently within bordering vegetated wetland resource areas and the buffer zone,
without an Order of Conditions from this Department.
Specific wetland resource areas affected by the clearing and fill material include the following.
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.);
• 25 -Foot No Disturbance Zone (NACC Bylaw Section III. D.); and
• 100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
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 restoration and removal of all
unauthorized fill material and debris located within Bordering Vegetated Wetland and the 25 -
Foot No -Disturbance Zone. This restoration work shall be conducted in accordance with the
conditions described below.
HOARD OF APPEM S 688-9541 BUILDING 688-9545 CONSL• RVAITON 688-9530 HEALTH 688-9540 PLANNING 688-9535
ZT'd L80T-9LG-8LG-1 ell000d eipues 06 Ru04-4ud also=b0 90 eo 08a
The property owner shall immediately take the following actions:
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 10o -feet of the clearing
activities delineated by a qualified wetland biologist.
2. Wetland Restoration Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration (wetland resource areas and 25' No -Disturbance Zone) including the
sequence of work, resource area plantings strategy, anticipated future construction and
landscaping activities, current and future sedimentation/erosion control measures and
site stabilization measures. The report shall address all impacts to the wetland resource
areas protected by the Act and Bylaw as well as the proposed mitigation measures in
detail. The report shall be submitted to this Department no later than Friday,
November 15, 2002.
Upon review and approval of the wetland delineation and Wetland Restoration Report, the
Conservation Administrator will determine a final completion date for restoration activities.
Depending on the extent of alteration, the following additional information may be required by
the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions plan shall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice
of Intent application filed with the [NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering Vegetated Wetland and
25 -foot No -Disturbance.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection Bylaw.
ET -d L80T-SLS-OLS-1 eTloaod e.apues 1 Ru044ud dS0=t+0 90 ao oaa
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. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such 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 result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
0.178 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 cooperation 4s appreciated.
Sincer,
J e Parrino
Conservation Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
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)
bT'd L801-9LG-8LG-T eTi000d eipues as Ruoy-zud dso:vo 90 80 oaQ
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
December 2, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
1 M�TN
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Telephone. (978) 688-95:30
Fax (978)688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
The North Andover Conservation Department is in receipt of the Wetlands Restoration
Methodology Report prepared by Wetlands & Land Management, Inc., dated November 25,
2002. The flagged wetland line was reviewed and approved in the field by the Conservation
Administrator. Upon review of the restoration report, it was determined that proposed
restoration activities are consistent with our discussions conducted in the field. All restoration
activities must be conducted in accordance with the restoration report and construction
sequencing. Removal of fill materials, boulders and logs must be removed from the wetland
resource area and no -disturbance zone as soon as possible. Monitoring by the Wetland
Scientist must be conducted upon completion of the fill removal activities and planting
activities.
Monitoring of the restored areas must be conducted by the Wetland Scientist for two complete
growing seasons upon completion of activities and reports must be submitted to the
Conservation Department for review. This letter serves as the approval of the restoration
report which must be impleme as soon as possible. If you have any questions, please feel.
free to conta me.
Sincerely,
Ij
Administrator
Encl.
CC: NACC
Bill ManueIl, Wetlands and Land Management
file
BO.1RDOF:\PPf::US69:P-9541 11111DINGOR-9545
COINSFRV,*UON68"530
111sAU111689-9540
PIAN ING.688-9535
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Anthony Accolla
347 Hillside Road
North AndOVear, Massachusetts
978-975-1087
December 5, 2002
Julie Parrino
27 Charles Street
North Andover, MA 01845
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
Dear Julie Parrino:
On December 5, 2002 I placed a call to you notifying you that I had some workers come
out to remove fill materials, boulders and logs as noted in the enforcement letter that I
had received on December 2, 2002. Per our conversation I had told you because of the
rain, snow and cold weather that it was almost impossible to remove these items with the
exception of the logs at this time. I then explained to you that I would by hand cut up the
logs and remove them from the now classified wetlands_ We also discussed that the rest
would be completed as soon as the weather or ground allowed us to. We both agreed the
this would be ok and I would keep you informed as well as Bill Manuel, when work has
begun and complete so you and Bill would be able to sign off on the completion of the
wetlands restoration.
Sincerely,
Anthony Accolla
CC: Bill Manuell, wetlands and land management
Professional Wetland Scientist
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Dee 08 06 04:08p Anthony a Sandra Accolla 1-978-975-1087 p.24
Wetlands &
Land Management, Inc.
Wetland Restoration Methodology
347 Hillside Road, North Andover
The property owner at 347 Hillside Road has initiated unauthorized grading and placement of fill
in buffer zone and extending into the adjacent bordering vegetated wetland. The unauthorized
work included cutting of trees and shrubs, importing fill material to ease the sideslope grade of
an above ground leach field, York raking the area, stockpiling boulders and logs within the
wetland area.
Prior to the unauthorized work, the owner reports most of the impacted area was a lawn or
sparsely vegetated. Most of the logs seen piled on the site came from the area directly around
the existing house. The abutting property has a cleared lot with Iawn cover and the leach field
mound to the limit of wetlands at the rear of the property.
Wetlands & Land Management Inc. has visited the site to determine pre -alteration wetland
boundaries. The wetland delineation is initiated in an undisturbed wooded area on the left/
northerly side of the property. Here the indigenous vegetation is undisturbed and no ground
alteration occurred. Wetlands in the portion of the site were evaluated using delineation
methodology established in the Wetlands Protection Act and the Department of Environmental
Protection "Delineating Bordering Vegetated Wetlands Handbook" dated 1995, and the US
Army Corps of Engineers Manual (1987). These regulations and methodology incorporate the
evaluation of hydric soils, predominance of wetland vegetation and wetland hydrology to
evaluate the upper limit of vegetated wetlands. Flags AI to A6 depict the wetland boundary
here with flag A6 located on the edge of the undisturbed area.
From A6, the next flag placed was A7 on the opposite side of the disturbed area. This flag was
placed at the edge of the transition of the lawn area and septic system mound and the adjacent
shrub swamp wetland. The boundary between A6 and A7 was assumed to be a line across the
disturbed area connecting these two flags. Grade alteration and filling has occurred both upslope
and down slope of this line.
The wetland boundary was reviewed in the field by the North Andover Conservation
Conunission agent. At this field visit, the extent of restoration was determined. The property
Dec 08 06 04:08p Anthony & Sandra Accolla 1-978-975-1087 p.25
owner would remove fill material within the wetland area and a no -disturb area, stabilize the
grade by providing a maximum of three to one slope adjacent to the existing leach field mound,
construct a boulder wall across the disturbed area of the site, fifteen feet upgradient of the
wetland boundary, restore plant cover within the disturbed wetland area and the newly
established no disturb zone and finally stabilize the remaining buffer zone with loam and seed.
The following is a suggested methodology and construction sequence to complete the restoration
effort. The intent of this restoration effort is to restore upon maturity, a shrub swamp wetland of
similar density and species diversity as the adjacent undisturbed wetland to the north and east.
• The property owner shall remove fill material from the adjacent wetland and restore the
area to pre -disturbance grades. From auguring at the site, it appears the underlying
topsoil layer is intact. Fill soils within the disturbed wetland area and the area fifteen feet
above the wetland boundary (the no -disturb zone) shall be stripped off to expose the
underlying topsoil. Leaving one to two inches of fill material over the topsoil is
acceptable. In doing so, this ensures the seed and rootstock in the upper layer of the
existing topsoil will not be stripped off Fill soils on the easterly side of the leach field
mound and woods shall be graded to a three to one slope. The buffer zone upgradient of
the no disturb zone shall be finish graded such that the area blends smoothly into the
adjacent mound leach field, and the undisturbed woods on the opposite side of the
disturbed area. The maximum grade shall be three feet horizontal run to one foot vertical
rise. The finish grade of the wetlands and the no disturb zone should be verified by a
wetland professional or the North Andover Conservation Commission agent prior to plant
installation.
• After removing the fill, the property owner will remove the stockpiled logs from the
wetland area. A suggested location for re -location is along the northerly side of the
property adjacent to the existing woods, leaving sufficient room to construct the boulder
wall-
The
all
The property owner will construct a boulder wall along aline fifteen feet upgradient of
flags A6 to A7, establishing a fifteen -foot no -disturb zone between the wall and the
wetland boundary. The boulders presently stockpiled within the wetlands will be used for
this walL Following the wall construction, the no -disturb zone and the wetland area shall
be raked free of tire ruts, deep tracks and the like. Once the area is raked, machinery is
no longer permitted in this area
• The newly graded wetland and no disturb areas shall be planted with a variety of shrubs
and trees. The ground cover shall be seeded with a wetland seed mix and lightly mulched
with straw mulch (not hay) to effect stabilization of the ground surface.
• The disturbed buffer zone surfaces shall be final graded, foamed and seeded with a
durable grass mixture.
Dec 08 06 04:08p Rnthony & Sandra Recolla 1-978-975-1087 p.26
• The intent of this restoration area is to provide a minimum of 75% plant cover of a
combination of woody trees and shrubs and herbaceous plants within the wetland and no -
disturb zone within two growing seasons. Nursery stock planting will provide the initial
plant coverage. It is expected the adjacent wetland and buffer zone will volunteer species
to the restoration area and the no -disturb zone as well.
• The replication work should be completed under the supervision of a wetland
professional. In order to assure re -vegetation success, inspections after installation and at
the end of the first and second growing season are recommended. Additional planting
with nursery stock at the end of the first growing season may be necessary to correct
deficiencies in species distribution or density.
Wetlands & Land Management, Inc. Invoice No. 03-371B
500 Maple Street
Danvers, MA 01923
Office: 978477-0004
Fax: 978-777-6363
1AVOICE
Customer
Date: , 2003
Name: Anthony Accolla
Address: 347 Hillside Road
City: North Andover, MA 01845 Client Contact:
Phone: 978-975-1087
Fax #:
Work Description:
Wetland restoration observation
Work
Period
July 2 to August 13, 2003
TOTAL
Provide environmental consulting services including coordinate with
Conservation Commission agent, client and landscaper, conduct brief site
visits on July 2, 8, 15, 22 and August 13, 2003. Prepare summary letter to the
$500.00
Conservation Commission agent — 5 hours
Project expenses including mileage
$30.40
Total Balance Due: $530.40
T -d L80T-SLG-8LG-T eTT000d eupues 1 Au044ud Jao:io 90 80 08a
CONSULTANTS/ENGINEERS/SURVEYORS
Hancock Environmental Consultants
235 Newbury Street
Danvers, MA 01923
(978) 777-3050
Contact: Richard Albano
John Dick
Neve Associates
447 Boston Road
Topsfield, MA 01983
(978) 8874;586
Contact: Greg Hochmuth
John Morin
West Environmental Inc.
122 Mast Road, Suite 6
Lee, NH 03824
(603) 659-0416
Contact Mark West
Wetland Preservation Inc.
47 Newton Road
Plaistow, NH 03865
(603) 382-3435
Contact: Kurt Young
Seekamp Environmental Consulting
29 South Main Street
Newton, NH 03858
(603) 382-38%
Contact Michael or Patrick Seekamp
Wetlands & Land Management Inc.
500 Maple Street
Danvers, MA 01923
(978) 777-0004
Contact William Manuell
� fI
ST 'd
LOOT-SLG-BLG-i elloaad eipues 1 Ru044ud
dSO:bo 90 80 38a
Ire, �. Wetlands &
w .. __ Land Management, Inc.
August 13, 2003
Julie Parrino
North Andover Conservation Commission
27 Charles Street
North Andover, MA 01845
RE: Wetland restoration plan — 347 Hillside Road,
Dear Ms. Parrino:
RECEIVED
AUG 15 2003
NORTH ANDOVER
CONSERVATION COMMISSION
The wetland restoration is completed at 347 Hillside Road. To date, the owner has removed the
logs and stone pile from the impacted area, returned the impacted area to original grade, installed
the number and species of wetland plants per the wetland restoration plan, constructed the stone
wall at a line 15 feet up gradient of the wetland line.
At my last inspection, I noted 100% plant survival of the nursery stock and the wetland seed mix
had begun to germinate as well.
POSTAL SERVICE
First -Class Mail 15 -foot line
Postage & Fees Paid
UNITED STATES
USPS
Permit No. G-10
/or pulling
• Sender: Please print your name, address, and ZIP+4 in this box •
)ved by your
and perform
TFEIVED
Y ����
rk + arZ
. t► r% � � [dpi
yC046
N04THAND ER
CONSERVATION
,l
ONV
COMMISSION
500 Maple Street, Danvers, Massachusetts 01923
Tel 978-777-0004 • Fax 978-777-6363
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
June 27, 2003
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
This Department conducted an inspection of your property on June 26, 2003 to determine your
progress with your restoration activities as required by the Enforcement Order issued on
October 14, 2002. To date, eight months later, you have not yet fully restored the altered
resource area. It appears you have started some work, however, work appears to be
progressing slowly. In addition, it is unclear as to why you have constructed the excavated
ditch system adjacent to the tree line. Additional activities beyond restoration activities may
require a separate filing with the Conservation Department. The Conservation Department is
hereby mandating that all restoration activities be completed no later than July 11, 2003. In
addition, erosion controls must be installed immediately between all exposed areas and the
wetland resource area. Please be advised, restoration activities must be monitored by your
wetland specialist.
Failure to comply with this Order and the deadlines referenced herein will result in the issuance of
penalties. MGL C131 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 cooperation is appreciated.
Since
e Parrino t�
Conservation Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Massachusetts Department of Environmental Protection
L7/ Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
Provided by DEP
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:
Name
File Number
Dated
Condition number(s)
wpaform9a.doc • rev. 12/15/00 Page 1 of 3
A. Violation Information
Important:
When filling out
This Enforcement Order is issued b Y:
forms on the
North Andover
6-27-03
computer, use
only the tab
Conservation Commission (Issuing Authority)
Date
key to move
To:
your cursor -
do not use the
Anthony Accolla
return key_
Name of violator
347 Hillside Road, North Andover, MA 01845
Address
1. Location of Violation:
SAME
Property Owner (if different)
347 Hillside Road
Street Address
North Andover
01845
City/Town
Zip Code
25
29
Assessors Map/Plat Number
Parcel/Lot Number
2. Extent and Type of Activity:
Non-compliance with previously issued Enforcement Order.
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:
Name
File Number
Dated
Condition number(s)
wpaform9a.doc • rev. 12/15/00 Page 1 of 3
LLI�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
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
C. Order
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
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc • rev. 12/15/00 Page 2 of 3
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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover
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.
S
Signature of delivery person or certified mail number
wpaformga.doc • rev. 12/15/00 Page 3 of 3
Anthony Accolla
347 Hillside Road
North Andover, Massachusetts
978-975-1087
RECEIVED
December 5, 2002 DEC 0 9 2002 9vj
Julie Parrino NORTH ANDOVER
27 Charles Street CONSERVATION COMMISSION
North Andover, MA 01845
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
Dear Julie Parrino:
On December 5, 2002 I placed a call to you notifying you that I had some workers come
out to remove fill materials, boulders and logs as noted in the enforcement letter that I
had received on December 2, 2002. Per our conversation I had told you because of the
rain, snow and cold weather that it was almost impossible to remove these items with the
exception of the logs at this time. I then explained to you that I would by hand cut up the
logs and remove them from the now classified wetlands. We also discussed that the rest
would be completed as soon as the weather or ground allowed us to. We both agreed the
this would be ok and I would keep you informed as well as Bill Manuell when work has
begun and complete so you and Bill would be able to sign off on the completion of the
wetlands restoration.
Sincerely _
Anthony Accolla
CC: Bill Manuell, wetlands and land management
Professional Wetland Scientist
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
December 2, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
The North Andover Conservation Department is in receipt of the Wetlands Restoration
Methodology Report prepared by Wetlands & Land Management, Inc., dated November 25,
2002. The flagged wetland line was reviewed and approved in the field by the Conservation
Administrator. Upon review of the restoration report, it was determined that proposed
restoration activities are consistent with our discussions conducted in the field. All restoration
activities must be conducted in accordance with the restoration report and construction
sequencing. Removal of fill materials, boulders and logs must be removed from the wetland
resource area and no -disturbance zone as soon as possible. Monitoring by the Wetland
Scientist must be conducted upon completion of the fill removal activities and planting
activities.
Monitoring of the restored areas must be conducted by the Wetland Scientist for two complete
growing seasons upon completion of activities and reports must be submitted to the
Conservation Department for review. This letter serves as the approval of the restoration
report which must be impleme d as soon as possible. If you have any questions, please feel
free to contact me. / J
Administrator
Encl.
CC: NACC
Bill Manuell, Wetlands and Land Management
file
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Wetlands &
Land .Managemi.ent, Inc.
November 25, 2002
Julie Parrino
North Andover Conservation Commission
27 Charles Street
North Andover, MA 01845
RE: Wetland restoration plan — 347 Hillside Road
Dear Ms. Parrino.
RECEIVED
NOV 2 6 2002 Dd
NORTH ANDOVER
CONSERVATION COMMISSION
Attached is the wetland restoration plan I developed for Mr. Accolla. I believe this
addresses everything we discussed at the site and later by telephone.
I spoke with Mr. Accolla today about timing of the earth removal. Unfortunately, the
weekly rain we've been getting has rendered this site unworkable unless you really
wanted to make a mess.
The excavator is ready to start as soon as the area dries out a little more. Mr. Accolla
plans to have the earthwork and wall completed this year with planting to occur on the
spring. Mr. Accolla plans to contact me when the soil removal is underway so that I can
visit the site at that time.
Please call me if you have any questions or comments regarding this plan, otherwise the
property owner will proceed as outlined.
Sincerely,
Wetlands & Land Management, Inc.
William J. Manuell
Professional Wetland Scientist
500 Maple Street, Danvers, Massachusetts 01923
Tel 978-777-0004 • Fax 978-777-6363
Wetlands &
Land Management, Inc.
Wetland Restoration Methodolou
347 Hillside Road, North Andover
The property owner at 347 Hillside Road has initiated unauthorized grading and placement of fill
in buffer zone and extending into the adjacent bordering vegetated wetland. The unauthorized
work included cutting of trees and shrubs, importing fill material to ease the sideslope grade of
an above ground leach field, York raking the area, stockpiling boulders and logs within the
wetland area.
Prior to the unauthorized work, the owner reports most of the impacted area was a lawn or
sparsely vegetated. Most of the logs seen piled on the site came from the area directly around
the existing house. The abutting property has a cleared lot with lawn cover and the leach field
mound to the limit of wetlands at the rear of the property.
Wetlands & Land Management Inc. has visited the site to determine pre -alteration wetland
boundaries. The wetland delineation is initiated in an undisturbed wooded area on the left/
northerly side of the property. Here the indigenous vegetation is undisturbed and no ground
alteration occurred. Wetlands in the portion of the site were evaluated using delineation
methodology established in the Wetlands Protection Act and the Department of Environmental
Protection "Delineating Bordering Vegetated Wetlands Handbook" dated 1995, and the US
Army Corps of Engineers Manual (1987). These regulations and methodology incorporate the
evaluation of hydric soils, predominance of wetland vegetation and wetland hydrology to
evaluate the upper limit of vegetated wetlands. Flags Al to A6 depict the wetland boundary
here with flag A6 located on the edge of the undisturbed area.
From A6, the next flag placed was A7 on the opposite side of the disturbed area. This flag was
placed at the edge of the transition of the lawn area and septic system mound and the adjacent
shrub swamp wetland. The boundary between A6 and A7 was assumed to be a line across the
disturbed area connecting these two flags. Grade alteration and filling has occurred both upslope
and down slope of this line.
The wetland boundary was reviewed in the field by the North Andover Conservation
Commission agent. At this field visit, the extent of restoration was determined. The property
owner would remove fill material within the wetland area and a no -disturb area, stabilize the
grade by providing a maximum of three to one slope adjacent to the existing leach field mound,
construct a boulder wall across the disturbed area of the site, fifteen feet upgradient of the
wetland boundary, restore plant cover within the disturbed wetland area and the newly
established no disturb zone and finally stabilize the remaining buffer zone with loam and seed.
The following is a suggested methodology and construction sequence to complete the restoration
effort. The intent of this restoration effort is to restore upon maturity, a shrub swamp wetland of
similar density and species diversity as the adjacent undisturbed wetland to the north and east.
• The property owner shall remove fill material from the adjacent wetland and restore the
area to pre -disturbance grades. From auguring at the site, it appears the underlying
topsoil layer is intact. Fill soils within the disturbed wetland area and the area fifteen feet
above the wetland boundary (the no -disturb zone) shall be stripped off to expose the
underlying topsoil. Leaving one to two inches of fill material over the topsoil is
acceptable. In doing so, this ensures the seed and rootstock in the upper layer of the
existing topsoil will not be stripped off. Fill soils on the easterly side of the leach field
mound and woods shall be graded to a three to one slope. The buffer zone upgradient of
the no disturb zone shall be finish graded such that the area blends smoothly into the
adjacent mound leach field, and the undisturbed woods on the opposite side of the
disturbed area. The maximum grade shall be three feet horizontal run to one foot vertical
rise. The finish grade of the wetlands and the no disturb zone should be verified by a
wetland professional or the North Andover Conservation Commission agent prior to plant
installation.
• After removing the fill, the property owner will remove the stockpiled logs from the
wetland area. A suggested location for re -location is along the northerly side of the
property adjacent to the existing woods, leaving sufficient room to construct the boulder
wall.
• The property owner will construct a boulder wall along a line fifteen feet upgradient of
flags A6 to A7, establishing a fifteen -foot no -disturb zone between the wall and the
wetland boundary. The boulders presently stockpiled within the wetlands will be used for
this wall. Following the wall construction, the no -disturb zone and the wetland area shall
be raked free of tire ruts, deep tracks and the like. Once the area is raked, machinery is
no longer permitted in this area
• The newly graded wetland and no disturb areas shall be planted with a variety of shrubs
and trees. The ground cover shall be seeded with a wetland seed mix and lightly mulched
with straw mulch (not hay) to effect stabilization of the ground surface.
• The disturbed buffer zone surfaces shall be final graded, loamed and seeded with a
durable grass mixture.
• The intent of this restoration area is to provide a minimum of 75% plant cover of a
combination of woody trees and shrubs and herbaceous plants within the wetland and no -
disturb zone within two growing seasons. Nursery stock planting will provide the initial
plant coverage. It is expected the adjacent wetland and buffer zone will volunteer species
to the restoration area and the no -disturb zone as well.
The replication work should be completed under the supervision of a wetland
professional. In order to assure re -vegetation success, inspections after installation and at
the end of the first and second growing season are recommended. Additional planting
with nursery stock at the end of the first growing season may be necessary to correct
deficiencies in species distribution or density.
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WETLANDS & LAND MANAGEMENT, INC. JOB: 3f7 17 l/,S%/ 4=�
500 MAPLE STREET SHEET: OF:
DANVERS, MA 01923 CALCULATED BY: DATE:
CHECKED BY: DATE:
978-777-0004 SCALE: / Zo
- 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
DEP File Number.
Provided by DEP
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:
Name
ne NumDer
wpaform9a.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
A. Violation Information
Important:
When filling out
This Enforcement Order is issued by:
forms the
computer, use
North Andover
10-14-02
only the tab
Conservation Commission (Issuing Authority)
Date
key to move
To:
your cursor -
do not use the
Anthony Accolla
return key.
Name of Violator
347 Hillside Road, North Andover, MA 01845
Address
1. Location of Violation:
SAME
Property Owner (if different)
347 Hillside Road
Street Address
North Andover
01845
Cityrrown
Zip Code
25
29
Assessors Map/Plat Number
Parcel/Lot Number
2. Extent and Type of Activity:
Clearing and filling activities within a bordering vegetated wetland resource area and buffer zone
without an Order of Conditions.
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:
Name
ne NumDer
wpaform9a.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
ti Massachusetts Department of Environmental Protection
DEP File Number:
— Bureau of Resource Protection - Wetlands
�►�- WPA Form 9A - Enforcement Order
i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
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 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
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc - rev. 12/15/00
Page 2 of 3
Massachusetts Department of Environmental Protection
��• Bureau of Resource Protection - Wetlands
1 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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8_:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission ad by majority of the members at the next scheduled meeting of the
Commission. _
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 12/15/00 Page 3 of 3
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
October 14, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
On October 11, 2002 personnel from the Conservation Department, including myself, met with
you on your property to discuss a possible violation within wetland resource areas or the
buffer zone to wetland resource areas. The purpose of the inspection was to determine if
clearing and grading activities have been conducted within an area of jurisdiction subject to
protection 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. During my
inspection of the property on October 11, 2002 I observed clearing and filling activities
conducted recently within bordering vegetated wetland resource areas and the buffer zone,
without an Order of Conditions from this Department.
Specific wetland resource areas affected by the clearing and fill material include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.);
• 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); and
• 100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
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 restoration and removal of all
unauthorized fill material and debris located within Bordering Vegetated Wetland and the 25 -
Foot No -Disturbance Zone. This restoration work shall be conducted in accordance with the
conditions described below.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
The property owner shall immediately take the following actions:
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 100 -feet of the clearing
activities delineated by a qualified wetland biologist.
2. Wetland Restoration Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration (wetland resource areas and 25' No -Disturbance Zone) including the
sequence of work, resource area plantings strategy, anticipated future construction and
landscaping activities, current and future sedimentation/erosion control measures and
site stabilization measures. The report shall address all impacts to the wetland resource
areas protected by the Act and Bylaw as well as the proposed mitigation measures in
detail. The report shall be submitted to this Department no later than Friday,
November 15, 2002.
Upon review and approval of the wetland delineation and Wetland Restoration Report, the
Conservation Administrator will determine a final completion date for restoration activities.
Depending on the extent of alteration, the following additional information may be required by
the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions plan shall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice
of Intent application filed with the NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering Vegetated Wetland and
25 -foot No -Disturbance.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection 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 violation continues shall constitute a separate offense. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such 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 result in the
issuance of additional penalties. MGL C.131 5.40 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 cooperatort.is appreciated.
Sincer
je PZ
��._
Conservation Administrator
Encl.
CC. NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
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)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
"�- WPA Form 9A — Enforcement Order
i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number.
Provided by DEP
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:
name
File Number
wpaform9a.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
A. Violation Information
Important:
When filling out
This Enforcement Order is issued by:
forms the
computer, use
North Andover
10-14-02
only the tab
Conservation Commission (Issuing Authority)
Date
key to move
To:
your cursor -
do not use the
Anthony Accolla
return key.
Name of Violator
347 Hillside Road, North Andover, MA 01845
''
Address
1. Location of Violation:
"
SAME
Property Owner (if different)
347 Hillside Road
Street Address
North Andover
01845
cityrrown
Zip Code
25
29
Assessors Map/Plat Number
Parcel/Lot Number
2. Extent and Type of Activity:
Cleating and filling activities within a bordering vegetated wetland resource area and buffer
without an Order of Conditions.
zone
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:
name
File Number
wpaform9a.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
)�- WPA Form 9A — Enforcement Order
{ ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
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 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
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc • rev. 12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Ll
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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Omer may be signed by a single member or
agent of the Commission and by majority of the members at the next scheduled meeting of the
Commission. _
Z
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 12/15/00
Page 3 of 3
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
October 14, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
On October 11, 2002 personnel from the Conservation Department, including myself, met with
you on your property to discuss a possible violation within wetland resource areas or the
buffer zone to wetland resource areas. The purpose of the inspection was to determine if
clearing and grading activities have been conducted within an area of jurisdiction subject to
protection 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. During my
inspection of the property on October 11, 2002 I observed clearing and filling activities
conducted recently within bordering vegetated wetland resource areas and the buffer zone,
without an Order of Conditions from this Department.
Specific wetland resource areas affected by the clearing and fill material include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.);
• 25 -Foot No Disturbance Zone (NACC Bylaw Section III. D.); and
• 100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
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 restoration and removal of all
unauthorized fill material and debris located within Bordering Vegetated Wetland and the 25 -
Foot No -Disturbance Zone. This restoration work shall be conducted in accordance with the
conditions described below.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
The property owner shall immediately take the following actions:
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 100 -feet of the clearing
activities delineated by a qualified wetland biologist.
2. Wetland Restoration Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration (wetland resource areas and 25' No -Disturbance Zone) including the
sequence of work, resource area plantings strategy, anticipated future construction and
landscaping activities, current and future sedimentation/ erosion control measures and
site stabilization measures. The report shall address all impacts to the wetland resource
areas protected by the Act and Bylaw as well as the proposed mitigation measures in
detail. The report shall be submitted to this Department no later than Friday,
November 15, 2002.
Upon review and approval of the wetland delineation and Wetland Restoration Report, the
Conservation Administrator will determine a final completion date for restoration activities.
Depending on the extent of alteration, the following additional information may be required by
the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions plan shall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice
of Intent application filed with the NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering Vegetated Wetland and
25 -foot No -Disturbance.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection Bylaw.
. 16
3
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. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such 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 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 cooperation._ is appreciated.
'e Parrino �.�.
Conservation Administrator
End.
CC. NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
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)
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
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
�-, �•�
ratan
A. Violation Information
This Enforcement Order is issued by:
To:
North Andover
Conservation Comr
(Issuing Authority)
Anthony Accolla
Name of violator
347 Hillside Road, North Andover, MA 01845
Address
1. Location of Violation:
10-14-02
Date
SAME
Property Owner (if different)
347 Hillside Road
Street Address
North Andover 01845
t,rtyi i own Zip Code
25 29
s map/mac Number
Parcel/Lot Number
DEP File Number.
Provided by DEP
2. Extent and Type of Activity:
Clearing and filling activities within a bordering vegetated wetland resource area and buffer zone
without an Order of Conditions.
t3. 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:
Name
File Number
wpafoanga.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
Massachusetts Department of Environmental Protection
Lilt
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other (specify):
See attached Enforcement Letter
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 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
to'exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaformga.doc • rev. 12/15/00 Page 2 of 3
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:
Julie Parrino, Conservation Administrator
Name
978-688-9530
rnone Numoer
8:30 AM to 4:30 PM, Monday - Friday
Hours/Days Available
Issued by:
North Andover
Conservation Commission
In a situation regarding immediate action, an Enforcement Ober may be signed by a single member or
agent of the Commission and�d by majority of the members at the next scheduled meeting of the
Commission. _
Signatures:
/4
Signature of delivery person or certified mail number
Z
wpaform9a.doc - rev. 12/15/00
Page 3 of 3
L_
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
October 14, 2002
Anthony Accolla
347 Hillside Road
North Andover, MA 01845
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE: ENFORCEMENT ORDER: Property at 347 Hillside Road
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. Accolla:
On October 11, 2002 personnel from the Conservation Department, including myself, met with
you on your property to discuss a possible violation within wetland resource areas or the
buffer zone to wetland resource areas. The purpose of the inspection was to determine if
clearing and grading activities have been conducted within an area of jurisdiction subject to
protection 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. During my
inspection of the property on October 11, 2002 I observed clearing and filling activities
conducted recently within bordering vegetated wetland resource areas and the buffer zone,
without an Order of Conditions from this Department.
Specific wetland resource areas affected by the clearing and fill material include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.);
• 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); and
• 100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
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 restoration and removal of all
unauthorized fill material and debris located within Bordering Vegetated Wetland and the 25 -
Foot No -Disturbance Zone. This restoration work shall be conducted in accordance with the
conditions described below.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
The property owner shall immediately take the following actions:
Wetland Field Delineation
The property owner shall have all wetland resource areas within 100 -feet of the clearing
activities delineated by a qualified wetland biologist.
2. Wetland Restoration Report
A report shall be provided to the NACC in narrative form that includes a detailed
description of existing conditions, all unauthorized activities, and the proposed
restoration (wetland resource areas and 25' No -Disturbance Zone) including the
sequence of work, resource area plantings strategy, anticipated future construction and
landscaping activities, current and future sedimentation/ erosion control measures and
site stabilization measures. The report shall address all impacts to the wetland resource
areas protected by the Act and Bylaw as well as the proposed mitigation measures in
detail. The report shall be submitted to this Department no later than. Friday,
November 15, 2002.
Upon review and approval of the wetland delineation and Wetland Restoration Report, the
Conservation Administrator will determine a final completion date for restoration activities.
Depending on the extent of alteration, the following additional information may be required by
the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions plan shall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice
of Intent application filed with the NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering Vegetated Wetland and
25 -foot No -Disturbance.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection 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 violation continues shall constitute a separate offense. At this time this Department has
elected not to levy the above mentioned per day fine. However, we reserve the right to take
such 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 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 cooperat on Ji appreciated.
j 'ee Parrino .
Conservation Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
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)