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Miscellaneous - 35 HOLLY RIDGE ROAD 4/30/2018 (2)
Lor q- CE�r-1 L.oGA-r'Et� l U �1or�i-N Ru Des/E�2.� FSA .I�jGAVE,,:1"= 40• QAYE.: _10121 (41 Sc o -r-- l___. C -a t c- S . A u D ov E Ni A SS N 0 G2'i' SQ 2, C::>Gc - 4Z.00 to 21 (4( 12,116 (9! S GErf�T11=y 'THAT o F"FS�TS S+Idw ►J A2�c �oT� �-�tE. �`µtN 4f TNtE� CF"FStic.Ts IJSE. oF' T'1-+� SUtvpt�.1C�'�uSP'ECtb sot G s F. Z�okj t �E,T E.Q eel w.1 AT l O 1J o �,o a.i ti G. �q N �° : 13M s. d C .o y.l F c52 Y ort. /J o r.,i Co ►`► FoQ�t�l- EGl$TEa� �l..F O . A U iJ�Y Q - �A \'T'' � k� H F. �.1 Go ►,1 ST Q, V GT E✓D . ,�1�( �� � to 21 (4( 12,116 (9! - Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 May 7,1996 Mr. and Mrs. Beck 35 Holly Ridge Road North Andover, MA 01845 , RE: VIOLATIONS - Massachusetts Wetland Protection Act (310 CMR 10.00 and the North Andover Wetland Bylaw (CH. 178 Code of North Andover). Dear Mr. and Mrs. Beck: Per the direction of the North Andover Conservation Commission (NACC) and under the guise of the above referenced regulations, enclosed please find a Violation Notice and Enforcement Order. The purpose of this issuance is to formally document violations as described in previous correspondence addressed to Mr. Robert Wyman of Carter & Coleman dated March 8, 1996. Any activity proposed or undertaken within an area specified in the Act (310 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC) and Massachusetts Department of Environmental Protection (DEP). Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L..c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or Notice of Intent. Violations documented on-site are as follows: • an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall and associated PVC drain; • an unknown square footage of BVW buffer zone was altered for the purposes of installing a grass swale to channel runoff from the house; • an earthen embankment has been created channeling flow from the outlet of the catch basin pipe which discharges into a tributary and prior to reaching Mosquito Brook. BOARD OF APPEALS 688-9541 BUa DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Under the local ByLaw a violation of this magnitude is subject to a maximum $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time the NACC is not issuing a fine nor are they requiring that the wetland resource areas be restored, however, the following conditions shall be imposed: • Cease and desist immediately from further alteration of this wetland resource area; Please refer to the enclosed Enforcement Order and Violation Notice for further information. If I can be of further assistance or if clarification is required please do not hesitate to contact this Department. Your future cooperation with regards to this matter is appreciated. Thanking you in advance. Sincerely, Michael D. Howard Conservation Administrator encl. cc: Mr. Robert Halpin, Town Manager Mrs. Kathleen Colwell, Town Planner Mr. Bill Hmurciak, DPW Mr. Robert Wyman, Carter & Coleman DEP-NERO NACC file TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW - Y_: DATE OF BIRTH OF OFF EN DEA I OFFENSE: a (' n TIME NO DATE OF VIOLATION �.'CJ (P.M.) ON 01TI N F V`Oa,�'ION AT ! c 1 �A SIGNA TU OF ENF INa PEON /�f� ENFORCING ^ PArTTMENT I HEREBY ACKNGWLECGE RECEIPT OF THE=CREGGING CITATiGN ❑ Unable to obtain signature of offender. Date Mailed Citation mailed to offender Q ` THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH 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 disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non-cdminal 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: 210 non -criminal (3) It you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY v� • 310 CMR 10.99 DEP Fd- No. 242 - Form 9 (ro be prmided by DEF) CRYJ NORTH ANDOVER t 'S�k commonwealth of Massachusetts r Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, 540 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5, From NORTH ANDOVER CONSERVATION C0MMISSION (NACC) Issuing Authority To N kP. IT1�I V I°tl� i' Date of issuance Property lot/parcel number, address iv" r' d type of activity: Extent an yp �e� W The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. c. 131, $40, and the Regulations promulgated pursuant thereto, 310 CMR 10.00, because: said activity has been/is being conducted without a valid order of conditions. Said activity has been/is being conducted in violation of an order of dated , Conditions issued to File number 242- condition number(s) Other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately ediatel cease and desist from further activity affecting the wetland portion of this property. C] 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 Coammission .' U v. ❑ 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 Annex The property owner shall take every reasonable step to prevent further violations of the act. • ❑ other (specify) Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: whoever violates any provision 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 Michael D. Howard, Conservation Administrator 508-688-9530 issued by NORTH ANDOVE CONSERVATION COMMISSION s'gnature(s m'nistrator) (signature of delivery person or certified mail number) 9-2b 310 CMR 10.99 Form 9 Comwonwealth of Xassachusetts DEF Rie No 4 2- t (To be pravi&4 by DEF) NORTH ANDOVER Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, $40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH ANDOVER CONSERVATION CONSERVATION NACC issuing Authority To N l�� � R / Date of Issuance Property lot/parcel number, address 1'" r jf -- rExtent and type of activity: UU 1jT-k� . The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. C. 131, S40, and ursuant thereto, 310 CHR 10.00, because: the Regulations promulgated p said activity has been/is being conducted without a valid order of Conditions. C] said activity has been/is being conducted in violation of an order of dated , conditions issued to File number 242- condition number(s) other (specify) The NORTH ANDOVER CONSERVATION COMM. he orders the following: The property owner, his agents, permittees and all others shall ediatel cease and desist from further activity affecting the wetland inm Y 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 C—issioa ❑ 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 Annex The property owner shall take every reasonable step to prevent further violations of the act. ❑ other (specify) Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: whoever violates any provision 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 Michael D. Howard, Conservation Administrator 508-688-9530 Issued by NORTH ANDOVER CONSERVATION COMMISSION A A ( _ _/�// / (signature of delivery person or certified mail number) 9-2b Kathleen E. Bradley, Town Planner Michael Howard, Natural Resource. Manager Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 John Leeman, Selectman Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: 35 Holly Ridge Road North Andover, MA Dear Ms. Bradley, Messers. Howard and Leeman: - By way of introduction, this firm has been retained by Mr. and Mrs. Stephen W. Beck to address the serious flooding and storm water discharge issue which exists at the above referenced property. The purpose and intent of this letter is to apprise you, as a precursor to litigation, of the severity of this problem, and further, to request that certain remedial efforts be undertaken to ameliorate this situation. A brief chronology of the events which precede this letter is as follows: In or -,about January- 1986, the North Andover Planning Board approved a definitive subdivision plan known as Deerfield. This plan authorized the construction of ten homes on Holly Ridge Road. In conjunction with this definitive subdivision plan, as is the usual course, the Planning Board drafted an "Order of Conditions" which required the Builder to follow particular CaTtF-T & Co[Eman ,:�7qttozne3i at 1'aw 451 c4ndo-- eSEzeEE, ,--:-SUCEE 195 r�%zE�i eff ndovez, eco 01845 gef (5o&) 681-6000 'Jaz (5o&) 6& 1-5550 ���azd dU(. �azEEz e&I.iEo#GE. C2o&man ,SE.g. -f. BF -wand �udZ�iZ (���azda. LEYLC/SE'nCJV(. L7Q�/O�/Z�EE JDaUL Gl N. " U11ELL cR09F"t 9 �yman February 19, 1996 Kathleen E. Bradley, Town Planner Michael Howard, Natural Resource. Manager Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 John Leeman, Selectman Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: 35 Holly Ridge Road North Andover, MA Dear Ms. Bradley, Messers. Howard and Leeman: - By way of introduction, this firm has been retained by Mr. and Mrs. Stephen W. Beck to address the serious flooding and storm water discharge issue which exists at the above referenced property. The purpose and intent of this letter is to apprise you, as a precursor to litigation, of the severity of this problem, and further, to request that certain remedial efforts be undertaken to ameliorate this situation. A brief chronology of the events which precede this letter is as follows: In or -,about January- 1986, the North Andover Planning Board approved a definitive subdivision plan known as Deerfield. This plan authorized the construction of ten homes on Holly Ridge Road. In conjunction with this definitive subdivision plan, as is the usual course, the Planning Board drafted an "Order of Conditions" which required the Builder to follow particular .j Ms. Kathleen E. Bradley Mr. Michael Howard Mr. John Leeman Page 2 guidelines in constructing this development. Within this "Order Of Conditions", the Planning Board specifically included provisions regarding the existence and location of drainage detention areas and related easements. With the potential flooding issues addressed, the Developer constructed the requisite six storm catch basins on Holly Ridge Road. Each of these catch basins, it was agreed, would discharge into a single storm pipe. This pipe, as installed, extends down Holly Ridge Road, across Lot 4, and discharges into a Brook on the Beck's property (Lot 3). From the date of their purchase, the Becks observed severe flooding on their property at the point of this drainage pipe. Over time, the Becks contacted the Town to advise of this flooding. In October 14, 1994, all property owners received correspondence from the Division of Public Works. In this correspondence, the town acknowledged the run off/excess water problem. Further, an acknowledgement was made that flooding would probably increase due to upstream run off from the North Andover Estates Development (a fifty home subdivision at the pinnacle of Holly Ridge Road). Boldly, the town agreed to resolve this issue, and to attempt to mitigate future flooding at this site. Since receiving this correspondence, however, no action has been taken. The problem, at this point in time, has severely worsened. Specifically, the large catch - basin built by Toll Brothers to stop flood water from entering the storm drains at the top of Holly Ridge Road is failing. A second and rudimentary third catch basin has been installed with little success. The problem, to say the least, requires immediate attention. As a legal matter, the water at this site amounts to nothing less than a private nuisance for which both the Town and Toll Brothers must share responsibility. Under similar circumstances, municipality/towns have been held liable to residents for storm water drainage. No viable legal defense exists to this claim, including defenses which may be raised pursuant to the usually protective Massachusetts Tort Claims Act. The continuing damage to the Beck's property is not de minimis. At the present time, the Becks have expended in excess of $8000 in an effort to prevent the storm water run-off from approaching and permeating their foundation. To remedy this problem, the simplest, and most cost effective solution is a re-routing of the storm drain pipe which fills the stream on the Beck's property. Although not addressing the Toll Brothers "catch basin" issue, this solution would remedy a portion of the problem. With these facts documented, I would request that the appropriate town representatives contact Mr. & Mrs. Beck in an attempt to arrive at an amicable solution. An ideal time to address this issue is fast approaching; the late spring summer months provide a brief respite from the usual water onslaught. If a compromise cannot be reached within this time period, we will have Ms. Kathleen E. Bradley Mr. Michael Howard Mr. John Leeman Page 3 little alternative other than to seek legal action, including all necessary steps to obtain an Injunction to abate this nuisance. Kindly act accordingly. RTW/set cc: Stephen Beck enclosure bec\andtowl.ltr If WETLAND RESTRICTIONS THIS AGREEMENT, is made by, between and among the North Andover Conservation CofiifiliSSion, hereinafter the "Commission", and John F. McGar.7 , Trustee of 7MC Trust, hereinafter the "Developer". RECITAL WHEREAS, t Developer ,intends ,,elop tr)e real property describe.' in a plan of Nand entitled" "DEFINITIVE SUBDIVISION PLAN OF DEERFIELD LANE IN NO. ANDOVER, MA", Date: Oct. 3, 19851 Revised: Feb. 1986, Scale: As Noted, Owners: Paul A. and Ellen Reiss, Welcome Inn, RFD No. 2, Box 158, West Plymouth, New York, N.Y. 02364, John and Madelina Calzetta, 559 Johnson St., North Andover, Applicant: Coolidge Realty Trust, 401 andover St., North Andover, MA 01845, Telephone No. 687-0109, prepared by Christiansen Engineering, Inc., 114 Kenoza Avenue, Haverhill, Mass. which Plan is recorded at the Essex North District Registry of Deeds as Plan No. WHEREAS, the Commission has imposed an Order of Conditions upon said parcel, which Order of Conditions is listed as'DEQE File No. -242-348 and is recorded at the Essex North District REgistry of Deeds as Instrument No. 36704, hereinafter the "Conditions". WHEREAS, paragraph 15 of the Conditions requires the Developer to impose "permanent conservation restriction or covenant for all wetland areas and storage ponds on the site." WHEREAS, in order to comply with with paragraph 15, the Developer is desirious of subjecting the wetland areas and storage pond areas on the property described above to certain convenants, agreements, easements, restrictions, conditions and charges as hereinafter set forth. NOW, THEREFORE, in consideration of the Commission allowing construction to take place as set forth in the Conditions, the Developer imposes the following covenants, conditions, reservations and restrictions on the Burdened Land as described celow, all of which are to be construed as restrictive covenants running with the land and enforceable by the Commission: 1. Burdened Land. The covenants, conditions, reservations and restrictions set Forth herein shall be imposed upon the following parcel of land, -ierein referred to as the "Burdened Land": - 2 - 2. Compliance with the Wetlands Act. Pursuant to M.G.L. c. 131 Section 40, no person shall remove, fill, dredge or alter :any of the Burdened Land other than En the course of maintaining {'epairing or replacing, but n-ot substantially changing or enio..rging, an existing and lawfully located structure or facility used in a service of the public -and used to provide elctri( gas, -water, telephone, telegraph and other telecommunication services, without first filing written notice of his intention to do so with the Commission, inc--lulling. such plans as may be necessary to describe such proposed activity and its effect on the environment and without first receiving'and complying with an Order of Conditions from the Commission, provided that all appeal periods have elapsed. 3. Above Ground Structure. No person shall construct within the Burdened Land any -above, ground structures, such as sheds, fences, swimming pools, decks, or the like, other than the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility of a similar type, w-it-hout ,filing -written -notice of- his intention -to do so with--the-Commission -including such --plans as•m'ay be necessary to desc-r-ibe-.such .proposed activity and i.ts effect on -the environment, and without receiving and complying with an Order of Conditions from the Commission, provided that all appeal periods have elapsed. 4. Uses Allowed. Nothing contained: -here-in-,--shall- restrict or prohibit a=ny person :from mai-n-taining,-wateri°ng or thinning -existing vegetation a-nd---plan.ting-_ new_ -vegetation -without filing written notice thereof to the Commission, if such maintenance, watering, thinning and replanting is allowed under Chapter 131, Sec. 40 of Massachusetts General Laws. In addition,.nothing contained herein shall prohibit the construction of a driveway which provides ingress and egress to Lot 8 as shown on the above -referenced plan, nor prohibit the construction of any utilities over and under said driveway, if written notice of intent to do so is filed with the Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment, and one first receives and complies with an Order of Conditions imposed by the Commission on any such construction. Finally, nothing contained herein shall prohibit the construction, maintenance and repair of any and all V - 3 - underground utilities, sewer and water systems over or under the Burdened Land as required by the Town of North Andover, provided that the provisions of Chapter 3.31, Sec. 40 of the Massachusetts General Laws are cc.i)nlied with. Nlotwithstsnding the foregoing, nothing contained he, ein shall reg; rict or .;rohibit the. Developer, its repres-ntatives, employees, agents and/or independent contracto.�4, from performing:; the work described in the Commission's Order of Conditions which are recorded in the Essex North Registry of Deeds at Book , Page 5. Remedies for Violations. Compliance with the provisions hereof may be enforced -by the Commission by any remedy provided by law, including, without limitation, a Cease and Desist Order. IN WITNESS WHEREOF, John F. McGarry Trustee of the ZMC Trust has set his hand and seal this ��j day of ,�k�C ZMC Trust By z' Johfi F. McG8rry, rustee ;'and not individually COMMONWEALTH OF MASSACHUSETTS. Essex, ss __986 _ Then personally appeared the above named John F. McGarry, Trustee of the ZMC Trust and acknowledge the foregoing instrument to the free act and deed of said Trust before me, Notary Public My commission expires: �Q'LtEZ �OfEn2an 4tt'nnF-Yi at -faw 451 / o/4nd/OJVE2 CSt'GEEt• �-SuitE 195 G VORth QjndOVE2, dVl� 1 Ss45 9,[(5o8) 6S1-6000 //�� ��//jj�� nn '7az (5o&) 6S 1-5550 Gn pRZ9a2d <- �c�. C�.a'LtE'C C..((n2Lt//��0/2E/n27 E. C ofr-man , tq,i. L. LJERna2d 1JRil�a2d,q. -Ibuddz�,i Eniir &M.-faJPactE 1 GROUE2t sr. �'wy,nan February 19, 1996 Kathleen E. Bradley, Town Planner Michael Howard, Natural Resource Manager Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 John Leeman, Selectman Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: 35 Holly Ridge Road North Andover, MA Dear Ms. Bradley, Messers. Howard and Leeman: By way of introduction, this firm has been retained by Mr. and Mrs. Stephen W. Beck to address the serious flooding and storm water discharge issue which exists at the above referenced property. The purpose and intent of this letter is to apprise you, as a precursor to litigation, of the severity of this problem, and further, to request that certain remedial efforts be undertaken to ameliorate this situation. A brief chronology of the events which precede this letter is as follows: 1. In or -about January 1986, the North Andover Planning Board approved a definitive subdivision plan known as Deerfield. This plan authorized the construction of ten homes on Holly Ridge Road. In conjunction with this definitive subdivision plan, as is the usual course, the Planning Board drafted an "Order of Conditions" which required the Builder to follow particular c,, Ms. Kathleen E. Bradley Mr. Michael Howard Mr. John Leeman Page 2 guidelines in constructing this development. Within this "Order Of Conditions", the Planning Board specifically included provisions regarding the existence and location of drainage detention areas and related easements. With the potential flooding issues addressed, the Developer constructed the requisite six storm catch basins on Holly Ridge Road. Each of these catch basins, it was agreed, would discharge into a single storm pipe. This pipe, as installed, extends down Holly Ridge Road, across Lot 4, and discharges into a Brook on the Beck's property (Lot 3). From the date of their purchase, the Becks observed severe flooding on their property at the point of this drainage pipe. Over time, the Becks contacted the Town to advise of this flooding. In October 14, 1994, all property owners received correspondence from the Division of Public Works. In this correspondence, the town acknowledged the run off/excess water problem. Further, an acknowledgement was made that flooding would probably increase due to upstream run off from the North Andover Estates Development (a fifty home subdivision at the pinnacle of Holly Ridge Road). Boldly, the town agreed to resolve this issue, and to attempt to mitigate future flooding at this site. Since receiving this correspondence, however, no action has been taken. The problem, at this point in time, has severely worsened. Specifically, the large catch - basin built by Toll Brothers to stop flood water from entering the storm drains at the top of Holly Ridge Road is failing. A second and rudimentary third catch basin has been installed with little success. The problem, to say the least, requires immediate attention. As a legal matter, the water at this site amounts to nothing less than a private nuisance for which both the Town and Toll Brothers must share responsibility. Under similar circumstances, municipality/towns have been held liable to residents for storm water drainage. No viable legal defense exists to this claim, including defenses which may be raised pursuant to the usually protective Massachusetts TortClaims Act. The continuing damage to the Beck's property is not de minimis. At the present time, the Becks have expended in excess of $8000 in an effort to prevent the storm water run-off from approaching and permeating their foundation. To remedy this problem, the simplest, and most cost effective solution is a re-routing of the storm drain pipe which fills the stream on the Beck's property. Although not addressing the Toll Brothers "catch basin" issue, this solution would remedy a portion of the problem. With these facts documented, I would request that the appropriate town representatives contact Mr. & Mrs. Beck in an attempt to arrive at an amicable solution. An ideal time to address this issue is fast approaching; the late spring summer months provide a brief respite from the usual water onslaught. If a compromise cannot be reached within this time period, we will have Ms. Kathleen E. Bradley Mr. Michael Howard Mr. John Leeman Page 3 little alternative other than to seek legal action, including all necessary steps to obtain an Injunction to abate this nuisance. Kindly act accordingly. RTW/set cc: Stephen Beck enclosure bec\anatoWl.1tr L t 0 t t t 510 4'PON FAElIq c a MCKE�BY -Y s T -A < C 0 ftt HAY GALE x.r%-K-KX.< XxA)()(,< >( x xx, - --- jl� 7 -Op IL 4'0 acyl FLR. s/q H 140.00 -1+ ..T VAT ------------ 4+00 L Y It s/q H 140.00 -1+ ..T VAT ------------ 4+00 L Y North Andover Conservation Commission May 1,19% opposes this article and would be speaking individually at the town meeting in favor of this request. A. Manzi asked how many acres are preserved. M. Howard stated those figures are available and he would get them. He stated that there are 44 acres at Foxwood. J. Parrino stated that access and trail systems need to be created. M. Howard asked for support. J. Lynch stated they should speak in favor of Planned Residential Developments (PRD). J. Mottola stated he is in or of the is RD. A. woubManzi stated that larger parcels yield to a more expensive house and concerned with smaller lots. Motion by J. Lynch that the Conservation Commission endorse the PRD and they are to speak in opposition to the Warrant and each member will speak as an individual at town meeting, second by A. Manzi. Vote: 6-M. M. Howard stated that he sent a letter dated March 8, 1996 to Carter & Coleman, Attorneys at Law, regarding flooding problems at 35 Holly Ridge Road. M. Howard stated that his letter is in response to correspondence from the law firm to the Town ory Planner and the Board of Selectmen dated February 19, 199.Ahist the f thperty, he property was discussed. M. Howard stated that after an inspection concludes that the flooding problem at the site is not the responsibility of the town. M. Howard stated that violations have also occurred on this property. An unknown square footage of BVW was filled and permitted for the purposes of constructing Lot 3 Holly Ridge Road under DEP #242-348. The home was built in close proximity and potentially within the limits of a vegetated wetland. The house was modified by the builder and the garage was placed under the house rather than as an attached unit. M. Howard feels that the burden may exist with the builder. The letter from the attorney states that action may be taken against thetown. S. Masse's concern is that the and obtained counsel after the fact. He property owner knowingly violated the wetlands feels the homeowner knew what was going on. A. Manzi stated that the yard was always under water, before North Andover Estates. G. Reich requestedued ting the commission to Issue a Violation and an Enforcement Order is to b violations at this time, however, the Commission reserves the right to monitor the situation. No fine is to be issued. Motion by R. Mansour to Issue an Enforcement Order and a Violation with a Cease and Desist through the Enforcement Order, second by J. Lynch. Vote: 6-0-0. 242-765 Lot 8 Lost Pond Lane Minor Modification 242-767 Lot 13 Lost Pond Lane Minor Modification Steven Saraceno of Neve Associates addressed the commission. He requested that both Lot 8 Lost Pond Lane. and Lot 13 Lost Pond Lane be discussed. He is requesting minor modifications to these sites. He providedlsed Saraclans to the commission. M. eno stated the wetland line Howard stated the modifications are minor. Steven Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 To: Bob Halpin, Town Manager CC: Kathleen Colwell, Town Planner From: Michael Howard, Conservation Administrator %�►® Date: March 7, 1996 Re: RE: #35 Holly Ridge Road , "The detention ponds built by Toll Brothers are failing. When will these structures be repaired?" The North Andover Conservation Commission (NACC) has a lengthy history with this subdivision and until recently, insuring compliance with the Order of Conditions has been less than successful. However, Toll Brothers and their environmental monitor, Pat Seekamp of Wetlands Preservation, Inc., have made great strides in the past two years and they continue to move forward in a positive direction. As stated in my letter to Carter and Coleman, a plan entitled "Detention Pond As -Built Plan", dated April 5, 1995 prepared by Land Planning Engineering and Survey, and an analysis to determine current detention pond status, in letter form dated May 11, 1995 also prepared by Land Planning was previously submitted to the NACC for review. Land Planning has included in their analysis corrective measures proposed to restore the detention pond(s) abilities to function as designed; the NACC approved this proposal at a public hearing on June 21, 1995. This work will take place this summer when conditions allow. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Steve Beck 127 Pepsi Road Pj;W Manchester, NH 03109 r ?*ks( QV 'Kip" I am writing this in reference to my inspection of the property on Hollyridge Road and your request to put in writing my concerns. As I have explained, run off/excess water has always been a problem at that location even before the house was built. Since then there has been less of a`concern of flooding (probably due to � grading for the housefV! Ronly one overflow which occurred this fall in a record breaking rain of over 4.5 inches. Compounding the problem at that time was the upstream runoff from North Andover Estates; into the Hollyridge catch basin system which could have acerbrted the flooding. That upstream runoff will be reduced by the end of October with regrading/]Leveling the road in North Andover Estates Subdivision. ,Yeyh Since the street was just accepted (at�Town meeting we have not been advised/concerned with any flooding problem until now. However to mitigate flooding as was observed in the last storm, which may be related to the catch basin system discharge, �NGtJ uo+H � D.P.W. and UsA the abutting lots, at the next large rain event should review the situation on site and determine the point source of the water (drainage of stream) and address the best solution of mitigation to any flooding. Please call me if you have any questions and wait for the rain. cc: Owner of lots on Hollyridge ® NACC MINUTES JANUARY 22, 1992 PRESENT: George Reich, Chairman Richard Doucette, Admin. Alison Brewster, V -Chair. Karen Nelson, Director Carl Schoene Richard Milliard Al Manzi MINUTES G.Reich motioned to approve 1/8/92 minutes, second by C.Schoene. Vote was unanimous. OLD BUSINESS Lot 28 Tanglewood Lane (242-265) - Compliance A Partial Compliance requested by Mr. McCann and Mr. Evangelista. R.Doucette gave an overview of the issue. There has been filling of wetlands outside the headwalls. An additional 1574 s.f. of wetlands seem to have been altered. Therefore, this lot is not in compliance. R.Doucette will contact Grasso Construction to replicate filled wetlands. Motion by A.Brewster and seconded by C.Schoene, to deny the request, passed. Three in favor and one opposed (R.Milliard). Christian Way Extension (242-452)- Extension Atty. Gary Sackrider represented the owner requesting ;an extension of an Order of Conditions. Motion, to grant the extension for one year, by R.Milliard and seconded by A.Brewster. Motion passed unanimously. Lots 3, 5 & 7 Hollv Ridqe (242-348) - Modifications Pat Murphy requesting these a modification in order to build a deck on each house. Also, the house on Lot 3 is different, the driveway enters the house on the right as opposed to the left. A.Brewster motioned to modify Lots 3,5 & 7, R.Milliard seconded. Motion passed 4-1, A.Brewster opposed. Lot 2 South Cross Road (242-494) - Modification &,Compliance Pat Murphy requesting Modification to allow construction of a deck and a Partial Compliance. R.Milliard motioned to issue Modification to allow deck and a Partial Compliance. A.Manzi seconded, motion passed unanimously. Lot 1 South Cross Road (242-494) - Partial Compliance Pat Murphy requesting a Partial Compliance on the above property. R.Milliard motioned to grant a Partial Compliance. A.Manzi seconded, motion passed unanimously. orth Andover Conservation Commission "day 1, 1996 2 opposes this article and would be speaking individually at the town meeting in favor of this request. A. Manzi asked how many acres are preserved. M. Howard stated those figures are available and he would get them. He stated that there are 44 acres at Foxwood. J. Parrino stated that access and trail systems need to be created. M. Howard asked for support. J. Lynch stated they should speak in favor of Planned Residential Developments (PRD). J. Mottola stated he is in favor of the PRD. A. Manzi stated that larger parcels yield to a more expensive house and residents would be concerned with smaller lots. Motion by J. Lynch that the Conservation Commission endorse the PRD and they are to speak in opposition to the Warrant and each member will speak as an individual at town meeting, second by A. Manzi. Vote: 6-0-0. ._ Discussion.` 35 Holly Ridge Road, Violation, Continued from April 17 M. Howard stated that he sent a letter dated March 8, 1996 to Carter & Coleman, Attorneys at Law, regarding flooding problems at 35 Holly Ridge Road. M. Howard stated that his letter is in response to correspondence from the law firm to the Town Planner and the Board of Selectmen dated February 19, 1996. A history of the property was discussed. M. Howard stated that after an inspection of the property, he concludes that the flooding problem at the site is not the responsibility of the town. M. Howard stated that violations have also occurred. on this property. An unknown square footage of BVW was filled and permitted for the purposes of constructing Lot 3 Holly Ridge Road under DEP #242-348. The home was built in close proximity and potentially within the limits of a vegetated wetland. The house was modified by the builder and the garage was placed under the house rather than as an attached unit. M. Howard feels that the burden may exist with the builder. The letter from the attorney states that action may be taken against the town. S. Masse's concern is that the property owner knowingly violated the wetlands and obtained counsel after the fact. He feels the homeowner knew what was going on. A. Manzi stated that the yard was always under water, before North Andover Estates. G. Reich requested a vote by the commission to Issue a Violation and an Enforcement Order is to be issued citing the ,violations at this time, however, the Commission reserves the right to monitor the -situation. No fine is to be issued. Motion by R. Mansour to Issue an Enforcement Order and a Violation with a Cease and Desist through the Enforcement Order, second by J. Lynch. Vote: 6-0-0. ,242-765. Lot 8 Lost Pond Lane. Minor_ _Modification 242-767. Lot 13 Lost Pond Lane, Minor Modification Steven Saraceno of Neve. Associates addressed the commission. He requested that both Lot 8 Lost Pond Lane and Lot 13 Lost Pond Lane be discussed. He is requesting minor modifications to these sites. He provided revised plans to the commission. M. Howard stated the modifications are minor. Steven Saraceno stated the wetland bine W N C 7 7 O O 00 M E 0 LL in a t6- P 406 914 833 Receipt for Certified Mail No Insurance CoverbgjProvided Do not use for International Mail (See Reverse) Sen t OOY- tr agA-M6 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt.Showing - - to. Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark /orr Date (asianaY) Lg6L ounr 1008£ waOJ Sd z: W o d.. c `_ W v F y` _ to m LW7mw W a `'aW W r y v W m y pNj V%W + w t 2 C m Lm O ca M 9 of W m] `o (gyp o 1n o^ q�W o•; rM E 61 Wca y om C1C f~A c� «t• m H •� v 9 •� `p �W `o m c� o 0 ti y Y� o �E m E m a 'L' W._ cma^ m OCC V= c q O V L%W h0 m v. E E m o. �c E c � c E .m• o c .m„ ,c E o• c -y W i N u ti s m ai m« V N C N Y W v ca E E QC Q� u "«m W .m. E' « W W m n o H W v o m m m o A CC = W m E _at iv c 9W o" _ QV I. - C4) Z 55-12 w •� v a CA .fit :� .L.v c Et LU I..'W~m U3 Cm '.o�O� SFW E vCC «y m 3.m 3W H v N= -'a o o m RW o� N = o uCi C in Ga .- m> N A al fi m d cc v 41 ui E C6 ,o y� J Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 May 7, 1996 Mr. and Mrs. Beck 35 Holly Ridge Road North Andover, MA 01845 9iy ia3 RE: VIOLATIONS - Massachusetts Wetland Protection Act (310 CMR 10.00 and the North Andover Wetland Bylaw (CH. 178 Code of North Andover). Dear Mr. and Mrs. Beck: Per the direction of the North Andover Conservation Commission (NACC) and under the guise of the above referenced regulations, enclosed please find a Violation Notice and Enforcement Order. The purpose of this issuance is to formally document violations as described in previous correspondence addressed to Mr. Robert Wyman of Carter & Coleman dated March 8, 1996. Any activity proposed or undertaken within an area specified in the Act (310 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC) and Massachusetts Department of Environmental Protection (DEP). Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 S.40 is subject to regulation and also requires the filing of a Request for Determination and/or Notice of Intent. Violations documented on-site are as follows: • an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall and associated PVC drain; • an unknown square footage of BVW buffer zone was altered for the purposes of installing a grass Swale to channel runoff from the house; • an earthen embankment has been created channeling flow from the outlet of the catch basin pipe which discharges into a tributary and prior to reaching Mosquito Brook. BOARD OF APPEALS 688-9541 BUI .DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r� Under the local ByLaw a violation of this magnitude is subject to a maximum $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time the NACC is not issuing a fine nor are they requiring that the wetland resource areas be restored, however, the following conditions shall be imposed: • Cease and desist immediately from further alteration of this wetland resource area; Please refer to the enclosed Enforcement Order and Violation Notice for further information. If I can be of further assistance or if clarification is required please do not hesitate to contact this Department. Your future cooperation with regards to this matter is appreciated. Thanking you in advance. Sincerely, Michael D. Howard Conservation Administrator encl. cc: Mr. Robert Halpin, Town Manager Mrs. Kathleen Colwell, Town Planner Mr. Bill Hmurciak, DPW Mr. Robert Wyman, Carter & Coleman DEP-NERO NACC file TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW IDATE OF BIS NSE. 1 � ?dA yepa� TIME NO OATS OF `AOy+TiON �.CJ (A.iG1.) (P.M.) ON ATI;T V T ON , AT� ' `G r . 1 SIGNA i L'OF EN f INa P�SON �1 ENFOfiGING yE?AL7TMENT I HEREBY ACKNOWLECGE RECEIPT OF THE FOREGOING CITATION X ❑ Unable to Obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ C� YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 3:30 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 tis 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. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this ,matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GCLD: COURT COPY / f X 310 CMR 10.99 Form 9 Commonwealth of Xassachusetts DEJP File No. 242 (To be provided by DEF) cNq/-r,., NORTH ANDOVER �t �st(k Enforcement Order ` Massachusetts Wetlands Protection Act, G.L. c. 131, 540 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH ANDOVER CONSERVATION TON (NACC issuing Authority To r' ftN Date of Issuance Property lot/parcel number, address il ZZ t I V% \I + -- d type of activity: Extent an yp I-IN� The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. C. 131, $40, and the Regulations promulgated pursuant thereto, 310 CHIC 10.00, because: said activity has been/is being conducted without a valid order of conditions. [] Said activity has been/is being conducted in violation of an order of dated , Conditions issued to File number 242- condition number(s) other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately ediatel cease and desist from further activity affecting the wetland portion of this property. C] 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 cas=ission 0 ❑ 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 Annex The property owner shall take every reasonable step to prevent further violations ,of the act. ❑ other (specify) F Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: whoever violates any provision 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 Michael D. Howard, Conservation Administrator 508-688-9530 issued by NORTH ANDOVE11 CONSERVATION COMMISSION 72- Signaturt(s m'nistrator) (signature. of delivery person or certified mail number) 9-2b i 310 CMR 10.99 Form 8 DEP File No. 242- 348 (To oe aroviced by DEP) ,_ Commonwealth C,IyloAndover wn North of Massachusetts AOmicant Coolidge Realty Trust Lot 3 Holly Ridge Road , Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From North Andover Conservation Commission Issuing Authority Aisling Construction Co., Inc. To Pat Murphy 800 Osgood St., N. Andover, MA 01845 (Name) (Address) Date of Issuance January 6, 1993 This Certificate is issued for work regulated by an Order of Conditions issued to _So01 J (J gp _RPa 1 *3Z _Tru t dated 6/20/86 and issued by the NACC 1. GI It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. 2. )MKX It is hereby certified that only the following portions of the work regulated by the above -refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) Lot 3 ONLY. 3. 0 It is hereby certified that the work regulated by the above -referenced Order of Conditions was never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No fuiure work subject to regulation under the Act may be commenced without filing a new Notice of Intent and receiving a new Order of Conditions. ...................................................................................................................................................................................... (Leave Soace Blank) , s-1 ' Effective 11/10/89 s; 4. EIK This certificate shall be recorded in the Registry of Deeds or the land Court for the district in which the land is located. The Order was originally recorded on 10/31/86 (date) at the Registryof nPocis, >; c:cPV ➢kith , Book—.Page Cert. #36407. s. Q Issued by The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Signature(s) North Andover Conservation Commission (e)" "— � � . , eyzL When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this / 1A_ day of 5ra"&Z-1- f —.19 . before me personally appeare to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. rNo�tai Public My commission a fres Detach on dotted line and submit to the North Andover Conservation Commission on ..........................................................................................»......................».............»»»........................................................................... To NACC Issuing Authority Please be advised that the Certificate of Compiiance for the protect at. Lot 3 Holly Ridge Rood FileNumoer 242-348 —has oeenrecoroedatthe Regtstryof Deeds, Northern Essex and has been noteo to the cnatn of title of the affected proverty on it reccroea ianc.:ne instrument numoer wnic i ioentmes inns :ransacnon is If registerea land, ine cocument numoer wntcn toenoltes this transaction is Signature .19 ADCHICant Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 March 8, 1996 Carter and Coleman, Attorneys at Law 451 Andover Street, Suite 195 North Andover, MA 01845 ATTN: Mr. Robert Wyman RE: Floodplain/Runoff Issues at #35 Holly Ridge Road. Dear Mr. Wyman: The North Andover Conservation Department is in receipt of your correspondence dated February 19, 1996. I am writing on behalf of the Department of Public Works (DPW) and Planning & Community Development Departments respectively. On Wednesday February 28, 1996, Mr. Bill Hmurciak, from the Department of Public Works, and myself performed a site inspection at the above referenced property. In addition, a historical review of all relevant files and/or permits issued for the development was conducted. We inspected the existing catch basin system, detention pond(s), present flow rates and/or volumes as well as a review of all wetland resource areas on-site (enclosed please find Attachment 1 which outlines the technical aspects associated with on-site drainage and runoff). It is the opinion of Planning and Community Development and DPW that the Town is not responsible for the flooding problems at 935 Holly Ridge Road as described in your letter; we have made this recommendation to the Town Manager. I• would encourage you to consult with a qualified Wetland Biologist and/or Professional Engineer and look into the issues raised in Attachment 1. I would also suggest that you obtain a plot plan certified by a Professional Engineer which would depict the limit of floodplain on the property; it is my understanding that this plan is required when the title is transferred. I am willing to schedule Mr. and Mrs. Beck on a future NACC agenda for discussion purposes should you seek further guidance. A public forum facilitates the permit process and would allow your client the opportunity to hear input from Conservation Commission members prior to expending additional funds. If I can be of further assistance or if clarification is warranted please do not hesitate to contact myself or other applicable town personnel. If you should decide to seek professional consultation from a Wetland's Biologist, I will make myself available to visit the site and study it in detail in conjunction with him/her and approach the NACC with possible remedies. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.ANNLNG 688-9535 Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. CC: NACC Mr. Robert Halpin, Town Manager Kathleen Colwell, Town Planner Bill Hmurciak, DPW file ATTACHMENT 1 SITE INSPECTION AND WETLAND RESOURCE AREA EVALUATION (#35 HOLLY RIDGE ROAD) Dated March S, 1996 North Andover Conservation Department The Wetlands Protection Act (310 CMR 10.00) and the North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Work, as outlined under 310 CMR 10.04, proposed within 100' of a wetland resource area as defined under the Massachusetts Wetland Protection Act and the North Andover Wetland ByLaw is subject to review by the North Andover Conservation Commission (NACC). Wetland resource areas identified on-site at the time of inspection were as follows: • Bordering Vegetated Wetland (310 CMR 10.55))- • 0.55);• Bank (310 CMR 10.54); • Bordering Land Subject to Flooding (310 CMR 10.57). Work proposed within a resource area as defined herein requires the filing of a Notice of Intent (NOI) with the NACC and the issuance of an.Order of Conditions permitting the proposed activity. The North Andover Wetland ByLaw has a defined twenty-five foot (25') No - Disturbance Zone and a fifty foot (50') No -Construction Zone from the limit of wetland resource areas. It is the opinion of the Conservation Department that work has occurred on the property and within the limits of the above referenced wetland resource areas without a valid Order of Conditions from the NACC. This is a violation of the Massachusetts Wetland Protection Act and North Andover Wetland ByLaw. The regulations specify a variety of activities that alter wetland resource areas. They may include routing stormwater away from a protected intermittent stream, causing flows to run through a channel rather than to diffuse gradually through the surface of a vegetated wetland, channeling a stream, installing a dam or detention structure or re-routing flows. Work, in this case, may be defined as follows: an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall and associated PVC drain; an unknown square footage of BVW buffer zone was altered for the purposes of installing a grass swale to channel runoff from the house; an earthen embankment has been created channeling flow from the outlet of the catch basin pipe which discharges into a tributary and prior to reaching Mosquito Brook. I am not issuing a violation notice and/or fine(s) at this time, however, please inform the homeowner that future work within a wetland, resource area, as defined under the Act or ByLaw, will not be tolerated without an Order of Conditions from the NACC. As stated, work within the Buffer Zone which may effect adjacent wetland resource areas is also subject to NACC review. Detention Basins: Culverts or storm drains carry runoff from catch basins. They may discharge into retention basins, which hold stormwater on the site and discharge it gradually into the ground; detention basins, which slow down the flow of runoff but eventually allow it to discharge to streams leaving the site; or directly into ditches, swales, streams, ponds or vegetated wetlands. Detention C:/My Docwnent/Correspondence 5 12:35 PM3/8/96 and retention basins and vegetated swales also contribute to settling out of sediments and removal of suspended and dissolved pollutants from runoff. Ideally, stormwater management systems should minimize changes in volumes and rates of runoff flow onto and off a site as a result of project construction. In reality, such systems are designed for only certain storm conditions; under other storm conditions flow rates and volumes may change. Similarly, detention/retention basins should be designed in such a way as to maximize the settling out of suspended sediments and the uptake of dissolved nutrients and other chemicals by plant and soils. Drainage on the North Andover Estates/Heights development is being routed towards two (2) control points, a detention basin located at the corner of Chestnut Street and Rosemont Drive (Basin #1) and a second detention basin located at the corner of Wild Rose Drive and Holly Ridge Road (Basin #2). a) Detention Basin #1: An as -built plan entitled "Detention Pond As -Built Plan", dated April 5, 1995 prepared by Land Planning Engineering and Survey, and an analysis to determine current detention pond status, in letter form dated May 11, 1995 also prepared by Land Planning has been previously submitted to the NACC for review. Land Planning has included in their analysis corrective measures proposed to restore the detention pond's abilities to function as designed; the NACC approved this proposal at a public hearing on June 21, 1995. The report states that "Detention Pond #l, although constructed somewhat smaller and at different elevations than designed will function properly for it's intended use with no adverse effects on downstream areas. The only change necessary is to lower the catch basin grate elevation of the overflow structure approximately 2' to elevation 255.5. This will allow the overflow structure to function properly if needed." This corrective measure is scheduled to take place this summer when conditions allow. b) Detention Basin 92: Presently, Detention Pond 92 is not dumping out entirely between storm events. A "riser pipe" detains water thus allowing sediment and silt to settle out prior to discharge into the vegetated wetland which borders on Mosquito Brook. Upon completion of construction the ponds are designed to drain completely between storm events. The detention pond as constructed provides adequate storage for a typical storm in the magnitude of a 10 or 15 year event, however, the storage volume as constructed is inadequate for the 100 year storm. It is therefore necessary to reconstruct portions of the detention pond as described in the approved re -construction plan. Compensatory wetland replication is also scheduled to take place at the terminus of Wild Rose Drive in conjunction with the detention pond re -construction. This additional wetland creation will facilitate runoff and improve water quality prior to discharge C:/My Document/Correspondence 6 12:35 PM3/8/96 into Mosquito Brook. Work will be initiated during the summer`months of 1996 when conditions allow. NACC Issues: Hvdrolo y - This Department is willing to work with Mr. and Mrs. Beck and the other Town Departments mentioned herein in resolving this matter. However, the sensitive nature of the surrounding wetland resource area hampers the decision making process. Simply re-routing the storm drain pipe as you suggested in your letter is not, in my opinion a viable option. Diverting the hydrology and removing this "driving force" from the wetland resource area is a permanent alteration; this is not a permitted activity under the Act. The role of other hydrologic inputs and outputs would have to be studied in detail prior to making a determination. Historical correspondence indicates a high water table (top 12") in the immediate area and it's role also requires further evaluation. Typically, when the water table is at or near the surface, the soil acts like an impermeable surface and runoff is increased. The boundary of Bordering Land Subject to Flooding (L3LSF) is an elevation representing the level to which floodwaters rise during a 100 year flood. A 100 year flood does not mean a flood that occurs only once every 100 years. Rather the term refers to the magnitude of flooding that has a 1% probability of happening in a given year, based on historical records. For most major water bodies, the 100 year flood elevation has been determined by the National Flood Insurance Rate Program administered by the Federal Emergency Management Agency (FEMA). It is important to remember that every water body, no matter how small, is likely to have BLSF associated with it. FEMA maps indicate an existing floodplain at 435 Holly Ridge Road in the range of 207-210 NGVD (please refer to the enclosed map). Work within this resource area may not impair the ability of the surrounding landscape to contain volumes reaching this range. I have enclosed "As -Built" and "Pre -Construction" plans of Lot 3 for your review. A benchmark other than NGVD, which FEMA utilizes, is depicted thus making it difficult to determine the limit of floodplain on the property. I would suggest that a topographic survey of the property be performed with spot elevations in order to accurately determine jurisdictional limits. An unknown square footage of Bordering Vegetated Wetland BVW) was filled for the purposes of constructing Lot 3. and Holly Ridge Road under DEP #242-348. The home, as it presently exists, was built in close proximity and potentially within the floodplain and within the limits of a vegetated wetland. This fact coupled with a high groundwater table and the position of the house at the bottom of a hill would result in potential flooding regardless of the factors described in your correspondence. Furthermore, it appears as if house construction was modified substantially by the builder from the original submittal and re -constructing the garage under the house rather than as an attached unit may have intercepted with the groundwater. I have enclosed correspondence pertaining to the modification request and a copy of the Certificate of Compliance for your review. C:/My Document/Correspondence 7 12:35 PM3/8/96 Summary: This Department is concerned about changes in hydrology. Hydrologic changes may result in changes of plant species in wetland resource areas and can cause conversion of wetland areas to upland and vice versa. Alterations in stream flows may affect pollution control, fisheries and wildlife habitat, and flood control. Ideally, projects that involve substantial changes in the land surface (i.e. Deerfield Subdivision, North Andover Estates) should be designed to maintain existing drainage flows and volumes within the drainage basins on a site. Review of the approved subdivision plans indicate that the outlet structures in question were constructed and placed accordingly and in compliance with the rules and regulations at that time. C:/My Document/Correspondence 8 u.:JD rnnsiaiyo CHRISTIANSEN & SERGI, INC. Professional Engineers and Land Surveyors 160 SUMMER STREET HJVERHILL, MASSACHUSETTS 01830 (508) 373-0310 December 28, 1981 North Andover Conservation Commission 120 Main Street North Andover, MA 01845 Re: Lot 3, Holly Ridge DEQE File #242-348 Dear Commission Members: On behalf of my clients, Coolidge Realty Trust, I would like to request a modification of the Order of Conditions for Holly.Ridge for proposed changes on Lot 3. Enclosed is a site pian showing the proposed house, driveway, and grading. The house is slightly larger and of a different shape than the one originally proposed and the driveway is on the opposite side of the house. Very t ly yours ? Phi i G. Christiansen FGC/ks Enclosure Aisling Construction Co., Inc. Complete Construction and Design Services Mr. Richard Doucette Conservation Commision Town of North Andover Dear Richard, 112191 This letter serves as a formal request to modify the plans submitted for Lots 3,5,7 Holly Ridge Rd. My intention is to attach decks to be constructed on sooner tubes to the existing houses currently constructed within the footprints previously approved. These decks as shown on attached plans will not encroach into the no cut zone or the building set back limits. Additionally, on lot 31 have constructed a smaller home (56x28) within the previously approved footprint (82x30) however, it is necessary to load the garage under from the opposite side and as such a modification is requested for the driveway. Thank you, lC.i G� Patrick K. Murphy President 800 Osgood St. • North Andover, Massachusetts 01845 • (508) 689-9446 \2( 18(4f S� a -T --r S . Dov Nv o fl k -22ZS4 � L L y 2,oG� - 4Z.00 Of THS oF'FS�TS USE, oF'• T1�rc•, �LilL.L7lti1G ZuSQECtO s� �, k! rr- H T H Z�ouI kjG lz>E.T• c F tit i �,j G 13x72 �y l�� S p � �,o `1 � 0 2 t-� tT y oTL. 1`1, o u Go �► Fb Q�t''l- . s��� f�io. AUL�VF-y ,�, �L 51M I�� \T�� �� H�.►�l Gov 5T2.uGT��• �aiH�.�1 '�U1t✓"'r �5 TT2iw' `o 4 � 1� . for Q� 51,-L7—A i ION FENCE ' t+ Z BACKEL) 3Y,}—� �rt+ G HAY BtALE 3 I +'cxx i00 fop I i l . 1 sM H HOLLY - I n,,..,- . , I d -,. l<JA / SJ s-, a - F \ ` !00 i00 fop I i l . 1 sM H HOLLY - I n,,..,- . , I d -,. l<JA / SJ s-, a - F 310 CMR 10.99 Fon'n 8 Commonwealth of Massachusetts Lot 3 Holly Ridge Road Certificate of Compliance Massachusetts Wetlands Protection Act, C.L. c. 2.0 - DEP File No. 242— 348 rTTo oe orovioed by DEP) Cilylown ' North Andover A0011C111 Coolidge Realty Trust 131, §40 North Andover Conservation Commission Icc�_!nn a��thnrity m .._ prom Aisling Construction Co., Inc. ' To Pat Murphy 800 Osgood St , N. Andover, MA 195 (Address) (Name) Date of Issuance January 6, 1992 This Certificate is issued for work regulated by an Order of Conditions issued to t dated 6/20/86 and issued by the NACC 1. It is hereby certified that the work regulated by the above -referenced Order of Conditions has r` been satisfactorily completed. �. 2. LXX It is hereby certified that only the following portions of the work regulated by the above -refer- 4; enced Order of Conditions have been satisfactorily completed: (if the Certificate of Compliance does not include the entire project, specify what portions are included.) m � c N CD Lot 3 ONLY. X U) 3. Q It is hereby certified that the work regulated by the above -referenced Order of Conditions was 0 never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No fuiure o0 rin tent work subject to regulation under the Act may be commen and receiving a new Order of Conditions. �� (n^p��'I �\LU ....................................................................................... ...00- 71.7 .. ... .............. \........ O.. j ...... .................. V / J (Leave Soace Bank) M1 x ` G ' 2 uJ LJ c� ! O O � C) V m 9 Cl '�• . CD o In Z „ , 1 1 Lai Offices of Arlene M. Keating I �� T :quite 83 -- Chestnut Green V 565 Turnpike Street North Andover, MA 01845 4. EIK This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded on 10/31/86 (date) at the Registryof needs F r nrtl, , Book 2343 page 267 Ins. #36704. S, Q The following conditions of the Order shall continue: (Set forth any conditions contained to the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by North Andover Conservation Commission Signature(s) -.When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this day of , 19�-- before me to me known to be the personally appeared person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. o ;a My commission a ires x rn Aota Public 1_4Z 0 v+ m o� m Detach on dotted line and submit to the North An over n NACC Issuing Authont To a Rnarl Please be advised tnat tris Certificate of Compiiance tar the protect at. LO t 3 �.1 A j �g N t0 Deeds, Northern Essex Fite Numoer 242— 348 has been recorded at the Registry of and h2S been noted in the cnaln of tate of :ne atlectetl proeerry on - t9� it receraeo tanc.:ne instrumem numoer %vnicn iaenin,es tats aansac:ron,s �P d�� ' ���,• � e t num0 Town of North Andover NORTH OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street " t X04 � North Andover, Massachusetts 01845 �9n°A1TF0'°P't�/ TO: Bill Hmurciak, DPW Kathleen Colwell, Town Planner FROM: Mike Howard, Conservation Departmen DATE: March 4, 1996 RE: #35 Holly Ridge Road Enclosed please find a draft letter regarding the above referenced property. I have also submitted for your review relevant documents and recent NACC decisions which pertain to North Andover Estates/Heights. Your prompt response is appreciated. Thanks. 11 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 March 6, 1996 Carter and Coleman, Attorneys at Law 451 Andover Street, Suite 195 North Andover, MA 01845 ATTN: Mr. Robert Wyman RE: Floodplain/runoff issues at #35 Holly Ridge Road. Dear Mr. Wyman: This Department is in receipt of your correspondence dated February 19, 1996. I am writing on behalf of the Department of Public Works (DPW) and Planning & Community Development Departments respectively. On Wednesday February 28, 1996, Mr. Bill Hmurciak, from the Department of Public Works, and myself performed a site inspection at the above referenced property. In addition, a historical review of all relevant files and/or permits issued for the development was conducted. We inspected the existing catch basin system, detention pond(s), present flow rates and/or volumes as well as a review of all wetland resource areas on-site. I offer the following comments respective of each Department: Conservation Department Work, as outlined under 310 CMR 10. 04, proposed within 100' of a wetland resource area as defined under the Massachusetts Wetland Protection Act (3 10 CMR 10.00) and the North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover) is subject to review by the North Andover Conservation Commission (NACC). Wetland resource areas identified on-site at the time of inspection were as follows: • Bordering Vegetated Wetland (310 CMR 10.55); • Bank (310 CMR 10.54); • Bordering Land Subject to Flooding (310 CMR 10.57). Work proposed within a resource area as defined herein requires the filing of a Notice of Intent (NOI) with the NACC and the issuance of an Order of Conditions permitting the proposed activity. The North Andover Wetland ByLaw has a defined twenty-five foot (25') No - Disturbance Zone and a fifty foot (50') No -Construction Zone from the limit of wetland resource areas. s It is the opinion of the Conservation Department that work has occurred on the property and within the limits of the above referenced wetland resource areas without a valid Order of Conditions from the NACC. This is a violation of the Massachusetts Wetland Protection Act and North Andover Wetland ByLaw. Work, in this case, may be defined as follows: • an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall and associated PVC drain; • an unknown square footage of BVW buffer zone was altered for the purposes of installing a grass swale to channel runoff from the house; • an earthen embankment has been created channeling flow from the outlet of the catch basin pipe which discharges into Mosquito Brook. I am not issuing a violation notice and/or fine(s) at this time, however, please inform the homeowner that no future work within 100' from the edge of wetland resource areas can be undertaken without an Order of Conditions. Detention Ponds: Drainage on the North Andover Estates/Heights development is being routed towards two (2) control points, a detention pond located at the corner of Chestnut Street and Rosemont Drive (Pond #1) and a second detention pond located at the corner of Wild Rose Drive and Holly Ridge Road (Pond #2). a) Detention Pond #1: An as -built plan entitled "Detention Pond As -Built Plan", dated April 5, 1995 prepared by Land Planning Engineering and Survey, and an analysis to determine current detention pond status, in letter form dated May 11, 1995 also prepared by Land Planning has been previously submitted to the NACC for review. Land Planning has included in their analysis corrective measures proposed to restore the detention pond's abilities to function as designed; the NACC approved this proposal at a public hearing on June 21, 1995. The report states that "Detention Pond #1, although constructed somewhat smaller and at different elevations than designed will function properly for it's intended use with no adverse effects on downstream areas. The only change necessary is to lower the catch basin grate elevation of the overflow structure approximately 2' to elevation 255.5. This will allow the overflow structure to function properly if needed." This corrective measure is scheduled to take place this summer when conditions allow. Detention Pond #2: Presently, Detention Pond #2 is not dumping out entirely between storm events. A "riser pipe" detains water thus allowing sediment and silt to settle out prior to discharge into the vegetated wetland which borders on Mosquito Brook. Upon completion of construction the ponds are designed to drain completely between storm events. The detention pond as constructed provides adequate storage for a typical storm in the magnitude of a 10 or 25 year event, however, the storage volume as constructed is inadequate for the 100 year storm. It is therefore necessary to reconstruct portions of the detention pond as described in the approved re -construction plan. Compensatory wetland replication is also scheduled to take place at the terminus of Wild Rose Drive in conjunction with the detention pond re -construction. This additional wetland creation will facilitate runoff and improve water quality prior to discharge into Mosquito Brook. Work will be initiated during the summer months of 1996 when conditions allow. ' NACC Issues: Hydrology - This Department is willing to work with Mr. and Mrs. Beck and the other Town Departments mentioned herein in resolving this matter. However, the sensitive nature of the surrounding wetland resource area hampers the decision making process. Simply re-routing the storm drain pipe as you suggested in your letter is not, in my opinion a viable option. Diverting the hydrology and removing this "driving force" from the wetland resource area is a permanent alteration; this is not a permitted activity under the Act. The role of other hydrologic inputs and outputs would have to be studied in detail prior to making a determination. Historical correspondence indicates a high water table (top 12") in the immediate area and it's role also requires further evaluation. Bordering Land Subject to Flooding is a resource area delineated by an elevation based on a 100 year storm event; this is also referred to as the floodplain. FEMA maps indicate an existing floodplain in the range of 207-210 NGVD (please refer to the enclosed map). Work within this resource area may not impair the ability of the surrounding landscape to contain volumes in this range. I. have enclosed "As -Built" and "Pre -Construction" plans of Lot 3 for your review; a benchmark other than NGVD, which FEMA utilizes, is depicted thus making it difficult to determine the limit of floodplain on the property. I would suggest that a topographic survey of the property be performed with spot elevations in order to accurately determine these limits. An unknown square footage of Bordering Vegetated Wetland was filled for the purposes of constructing Lot 3 and Holly Ridge Road under DEP #242-348. The home, as it presently exists, was built in the floodplain and within the limits of a vegetated wetland. This fact coupled with a high groundwater table would result in potential flooding regardless of the factors described in your correspondence. Furthermore, it appears as if house construction was modified substantially by the builder from the original submittal and re -constructing the garage under the house rather than as a separate entity may have intercepted with the groundwater. I have enclosed correspondence pertaining to the modification request and a copy of the Certificate of Compliance for your review. Department of Public Works (DPW) As stated personnel from DPW have inspected the catch basin outlet which you describe in the context of your letter and .............BILL PLEASE ADI YOUR RECCOMENDATION HERE!!!! ' 'V' A\ s� it'' t � Planning c Department KATHLEEN PLEASE ADD YOUR COMMENTS, IF ANY, HERE!!!! Recommendations I would encourage you to consult with a qualified Wetland Biologist and/or Professional Engineer and look into the issues raised in this letter. I am willing to place this item on a future NACC agenda for discussion purposes. A public forum facilitates the permit process and would allow Sour client the opportunity to hear input from the Co m sfionremb ers prior ta- nglarge If I can be of further assistance or if clarification is warranted please do not hesitate to contact myself or other applicable town personnel. Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. CC: NACC Kevin Mahoney, Interim Town Manager Kathleen Colwell, Town Planner Bill Hmurciak, DPW FRO�,j NORTH ANDOVER ESTATES PHONE NO. 50e 682 2333 May. 19 1995 11:19AM Pol F A X T R A N S M I T T A L TOLL BROTHERS, INC NORTH ANDOVER ESTATES 199 ROSEMONT DRIVE NORTH ANDOVER, MA 01845 TELi 508 682 2999 FAX: 508 682 2333 TO: Mom. fir,,. /At$ AP- 9 -1 -r - DATE; TXCLUDED'PLENSE FIND COPIES --INCLUDING COVER SHEET -PLEASE FORWARD TO ASAP "it6TES/OR COMMENTS AJ Ot4 A_j ao 12LEASE CALL IF .COPY,_ IS ILLEGIBL j's4NK YOU TNMAJ AJ Ot4 A_j ao 12LEASE CALL IF .COPY,_ IS ILLEGIBL j's4NK YOU •:e::ees=f•LAND PLANNING EN M w may 11, 19 9 S Toll BrOt}lers, Ince 09 noserlu;,rlt. 1'rive North AxidQver, MA OIU45 Re: be~ tent i on POACAS, NG='tYl Afldovul. r al ut e o To wham it may Comccrr,., Land Planning & Sus.vvy, Tnc. has b,z*1i c:uzlCLuc:ti.t�d by Tall g2'ptr • , 111:. Luprt.1; aze at, --hunt. l:�lctt'�t: t�C l )sib taxi sl;.1r1� detenhion pc)nds il) Null 1.11 A1100ver 1�,State:i . Tt'it3 plan Which yt7ClucjCB two acLc'j'tLiutl fs�titls kit4s pc%t'!rl. viiilil.c l e(] ,lstt3 its titled 'Deor,etiLiuil Pond ",.u -built- i'IOn' and jatt--d Apl1j,1 '_i, .3.995. Elul" bCLiG:t¢ 11ac alto been i:ol�tra�:tea to Bete mine trlaa dt.ls;e�uctc.X Of triE: existing pgitan Lo f ullutrion as int ended by l-I,.ta,i.c ()r'.i.ginal design (origillal design as prepared by Thultla..4 E. Neve As,joriat Q5, I216:. ? . The i.1tt-sett of this is is Co not. i', the (fef.icir±ncie9 in the dcjL miLiurl ponds as con ts:uctC:6 dii 1 Lca c3e:3�:s: �.be the, appropriatc inra,uie:3 tc:)' be taken to z cst ute �),t� pur)(1+ ab�.7.1ty tt3 fu11�t iori aG dasig11ed. Irl oz der tU arial','�c t)�,: t~xi�+t;ing c�t�;t:�:lit.i_i„1 lluticXs Tunct:ion, �,t wad ner.Rsxsnry t.v caa.uulaLu V.isb Htage/�t'��1'ueJk4 v��Iutrt�lp oi= the porde 5hown on the as-bu3.1t P16TM, (f5t'0! dttt�cl�acl t�gr(tl;�ut ii -ions? . Auiii (jopth review of (,Ile 8:3 page report. tided "rlydrologic Artat.lysiG NC>1•tI's Aj_lduver stt►t.�s,5 - A Plcstlsl((.l R�! i.dPntid7 Devola mont„ du p elfu red ):y Ab6c);iates, Inc. dnd dated Aril w] , 19 2 was cornploted, 1'I1i providedthc� basil f.Ul t hG ,;ttYal.yais raf tI.1c 3ct.ei'jL !Usl j}utic 1. fur1C:t ion . petaAtion poled #1 i.s J.ocat.ed dL 1,he-' of ChgGtnut gt7:C:t sada Z(Ut3trl,itirlt. Drive. Analysis Or tail'- pond indict@6 the C! f G11aw�.i►y disc:repanciFP, frunl t.I7e ()r. igina l Cl( ,5011: �,. The bottom of tho potl,� 11.1a L)ue-ll r.r,)il:it2-t1�:-i'E.� Vit. a ,�)!:c'>r.1.srlclt.�sly 'iiat✓ �r�+,i �.1s1 t�.).r_vat' ic?n, is 246.4. elevation 252. Thu fc,utPT.3T1t and tat.¢1 volutue t he ponci J.$ cc) r idel:al,ly 91%jail4 r than de ianccl . one Grafton COMM011 Oraftun, MA 01519 508 939-9526 1215 Marin Strer1 590 Monpotlmlt Street lb7 Hartford Avcnva Huldcn, MA 01520 Halifax, MA 02318 Ba1lipouuri, MA1OZO19 308 829•3CW, 617 294-4144 508 %6-4130 FROM NORTH ANDOVER ESTATES PHONE NO. 508 682 2333 May. 18 1995 11:20AM P03 FROM : LAND PLANNING i ELL I 1•4GHAM PHONE 110. 500 966 SCI�'4 P03 P . The 12" concrete ouUlaL Pipe is instal led ate. C,1(V tion 2�4 . t)'7 . '1'lle dt;3i i7 olevtatioli 2532.00. 4. 'rhe grate e1.QvdL1UI" Cf the t}vt:r'LlUvd 4Lt�1'�lao?.n i.. at 257.35. The design levaxt.ion is 255, a0 . 5. Tne tcap of Lbe pond emt,,ankme-W.- cicvaticn 265.5 , Thiji al':cign alevatriall is 2b5-0. io 'The i.r[tportr�ttt t�t•:siiyll t;titexi•n tv lre��i=•�tJ�l'lf �►t.:L�1-i�ap4id to LliaL ll'lU $tO%7dge for tilt: 100 year 3t:ol-M Ly�3 �3LUv�.C�et1 Lur iri the 1.40 foot Ut C1Cv,A1on �a1✓vvC tha out1Kt ' ?.7 pipe invert, `1'iier 'Gelated discharge £(sL' t 11C 100 ye�z �;turm Cts, The pend at 23 uUr15L:L c+t-:1.�__t7 lsrov irlt f� the f t of requi red storage LQr tht. 100 yeaz; storm between -1)e pl.pr lisve s L ()f 2!54.07 aria eit-jvaLit✓li 2553 ,22. This depth 3f 1-15 xGlfaGed Lo a dischitir.-ge Of 2.9 c:£�� Tll1;=s irld,!�sttt:ss t-liat. mainL.aining the pond as t:onst,r-UULjdtl will LCaulL ilx An �.r141r!?.�5= in peak. flow from the pUld, �of only 0 , 2 cgs as compared to 01t. (le41igll jaulllL ouLLlurv. It � should be noted that the l;ydrologic by Thoma* 1� . tQdve t�.tlm4}7t scak Liowcron; the At�svciattri indicote;j flat_ not dcvclo)p 41 1'1[%AVG beendrainage area which irsc:luu'rL11�L13�Lz1Quf� 100 xcar a%t-sign otorm8 (•i0 considerably redUCted fUL bQ cak ie,�uced tram yr, peak reduced frow 14.2 l.0 1.1.5 c.:Lc+1 100 yr. N 26.9 to 20.0 cts) . 1�t3Set� on maj.l.ss-dull lt3 Ll'le c3Nl.c�»t-i<,n pr,ncf AG to £'ron•1 • ].:� in�:�:c:,zse 20.8 cL� constructed, the 100 yz . ptlok Llt:)w wi 21.0 cfa orut 1.tlt 1() .y.L. peak flow will jperease frOM 11.5 to 11.6 Cfs. These peak £lcaw:, aier 5Li,11 well lielt.)w Lhu �i��'(�jveliJ�1J11 nt. k,�' k f l.uws aCs�1 Ll'Ii i Ck Clre pvse no threeilt at 1.ncrt�t+sed t 1pada rlg dowr�r3txe�'lm . CONC%U914NO: Dt~Ltfl"l lull. pvl►tJ itl, alLhvuyls csciii�rwt'sczl. srnpl.ler el'z3 tlt d�,ffcxc:nt cluvdt.iQ11t; t,lldu c�e;:it�lted, will (:+�t�it.it n prep rly t03: its intended uoc. with -no un dt.:vjllaLt twin a! t±a The only change necefisa.x-' is to lower the: catchbasln grat-0 elt,'vuti.cazs car .tlltr tsvtrti ltsw l;Lr uLt-uir "29proximately 2' to e1Pvdti6T' 255.5. '1'11is Will allow the overflow st.ruc,t.Ure to furlc.t.i()ll pct}E�ti�].y it nQed'ad. ...`..-u-'--�—"-- � ��;_ .:L.::.iN1]...:��.».ui��>-...—...�i:.'ey..::_1a5�.::y:.�y.:�..nL-.M�•' ..�......�..� �::.�::L.�.�....t�.ii..:..w..n�u.a.—._-_ .�...�..� FROM : NORTH ANDOVER ESTATES PHONE NO..: 508 682 2333 t FROM : LAND PLANNING BELLIHOHAM PHONE NO. : 508 1.;66 5054 May. 18 1995 11:21AM PO4 PO4 DetOrltion Pond :112 is 10catet} ,fit- the corner: ,sr Wild R►'ise Rid t# Mvud. Anal.yMis ur l lit p��n=� in �i.�rr'iLe3 the Drive and. dolly g fo1l.c�wir[y c�.i;;oL'c;y�an-ial, f:=olr, the ori(ji"81 clryi� �1: 1. The 01.1t;.let struct:.ure. (l.l " stand pips car i r i c:c) ii', lk`-� tolled at e1C:vdtlGn L41. t)t�. ifie design eit;v�UICRl s 242.00. 2. Tne gr'at:e elevdti(an of the vvei•f low c echk� u� �1 is at, 249.3O- The 49.39.The design V'dL.e elevation is ~51.50. 3, Tt o top vi Le. iic pond mban.ktn�til- al. itti 1.C;west paints i� at elevatx.on 246.8 . 1'he d(iCi.gn el.evdt_ incl is ?`a1 . GO The ritca�e%tal vic�i�c �:haYacter:.�t.ic pond &� .Qnstructed is reson�tl>ly class to tic �leslc�kz sl�ecif.icnt.i;�y�s yip to the existing tt�l�Ab<,v�r lrhir, c-alovatiAn, jjj caval.lable WithlTl tl[v l,ucicl ("C" un]'e'EF L"li:t8C3 110 more storag uira, a Pond overtlow wiJ Y. ui? . Si11Ce the ,UG yCai ou ether©6kltiie storage of 2.00 ac -ft,, the top cai eci�l��t[[k.►,�,1. ar�un: pond 5110 1d be raj5ud to 41 [I inlimull elevat.�on of 253.0 l.o i 11:iuI adequate htoracle capacity. Phis should be accomplished by GOntli[uitcy L.lic te�1U11izt�.. 2:1 alopr. LLvu� l,lic �i',Gid�: of the pOric� upward Lv vlOvdCivlZ 20�► , U then�finally znair[L l ley a gradingta down the back embankttletiL tor apprOxim�tely G and side of the Qkstiyd"41etiL fit a 2:1. slope to exiziLincj 9r,:A:1C. Grit"C.- the embankment is re,9"de d, the grate elevatic)" cit t<},ra avezflow st.ruCttire MUSC— bp re5G1:• to all eltsvdt_ -LC,r CGiNCT,TJST- aNr The stoxt[y= V01=ie of they detentit,cl pU[1�1 u:+ l Uli:1t %ti4kt�� is inadequate tor Ulu 10Q Ye&-'' Srlt rrt• In ei[r: vvt�[[l. of a 100 a storM, sLthci stari idl vet Ca.uw of tiler pond Would Uc:c ur ujid woulld and zlltat"lon of k Czt[tsC ero*ion of the pukic� i:ir�l�kzlun�:kt 11 v1y dowllsLtvalll waLul:01 as Well. as ir[crea�a-ci�� iac%�Zic fl we off-site•, It is t.hex-eft),e liC.t,c::::b►L'y .t�:, recovztru,.L puzLiun-. `fthL— the detention pored an dc;c gibed prevai,usly , A wi�et.� li plan pr,opylvt!U l:hdi-Igt5 j5 dtt;aChed her(' -t<:>- -FROM : NORTH ANDOVER ESTATES PHONE NO. : 508 682 2333 May. 18 1995 11:22AM POS FROM : LA14D PLANN I NG BELL I HGHA11 PHONE HO. : 508 966 5! 54 P0� It is Qbviuu5 that repair of DeteriLJ uc, Fund #2 will voquire subs t.nnt;i&1 work. It is that stalking azla yr'adi,Yg Of the limiL5 of Lhe detention pond i.,,: prior to reworXing t.h to ensure that. the pzvper location and e:lt�v�it.ivxa3 during �ori�tt•ur_tion. If you have any regarding this report or r©quire furt,hor &4rvices, please feel free_ to contact iue Sincerely, sutaveti W. Wry Project Engi.ne.er . / W.r Norman G. Hill, P.E. PrG.4;idc4nt iu.LAND PLANNING POND -2 Version: 4.10 8/N: 0002/069 DETENTION F'0NU # 1 ROSEMONT DRIVE NOR,ru ANDOVER ESTATES CALCULATED 04--19-1.905 14:OOtOO DISE rILB : A:D-P0ND#1.V0L Planimeter Nuala: 1 inch - 20 ft. * Elevation Planimeter Arta A14-A2+sqr (AI*A2) Volume Volume Sum (aara-ftti (e►cre-ft) (sq.in.)-----(acres)------(aV.L :a) ---------- - -252-00 .-.r.r.a .. .M MM war. sop." 0.00 2b2-000.00 0.00 0.00 0.00 0.08 0.0F3 0.03 0.03 253.00 8. 9.G633 0. 05 0.25 0.08 0.11 �+54.OfJ 234.07 *I* 0.09 0.27 0.01 0.12 4.31 256.00 12.52 0.11 0.30 0.20 0.35 0.06 206.30 13.00 0.12 znterpolatod 0roA from crl osest. twz) pi.a.a lmat.ws. i wadiu9a . 2 jpt (sq.rt(Areal) +.((Ei-E1)/(E2-EI))*(sq.rt(Area2)-sq.rt(Areal))) E1, B2 = Closest two elttvationts wiLh plttttlutuLek tiaLu where- Ei - Elevation a+ which to interpolate area Araa1.,Area2 Areaes uumpuLed tui E1, E2, Leapectively TA T.ttl,urr.pul4Lwd aiea Ei valuttjo ::i47tnputed by the Conic Method for Reservoir Volumes. * incremental. = * (EL2-EL1) * (Axea.1 + Ar -o -a2 + sq-rt.(Areal*Area2) Volume (1/3) whe ti r L*L1 r EL2 Lower mild u):ljea: r3,l.a�vati ono of. Clie .increment EL1, EL2, respcct!vcly Areal,Area2 Areas VOInPuLud fuL = ZttiGzemCrita) vti.l tamca k�ltt_Hl:t:il ELI and EL2 Volume one Grafton Common 16T Hartford Avrnur }215 Main Strcet .590 M�nhotsectt Stttct Halifax, MA 02336 crafttm. MA 01519 Belli508 Holden, MA 01520 MA 02019 spm 829.3(K)h 617 294-4144 508 839-!15x15 46 �sataau�--• W 4L LAND PLANNINGN % PNGMERNG &.SURVEY POND -2 Vtb1 cion; 4.10 SIM 00021069 DETENTION DOND 92 WILD ROSE DRIVE NORTH ANDOVER ECTA'T'EC CALCULATED 04-19-1995 14:05:33 DISK FILE i A: D-POND#2 VOL PlAnluistar acale; 1 inch = 20 ft. »Y�► -i Interpolated area rLuia c:1u;.e,-4t: twv plaanimc'-:-r a;eae►di.n(ja. 2 IA + ((Ei-E1�/(ri!2-E1))"(sq.rt(Areu2)-aq.ri:(Aro31) i ) whereo E1, 82 - Closest two elevations with planimeter data Ei - n1evation aL wh1uh to interpolate ere* Areal,Area2 - Areas ccomput-Od fOl. F1, B2, r"Pectively 1A = Interpolated area, for Ea. w Incremental volume Computed by the Cuiilu McLliud for Reservoir Vnlume6. Val,uma a (1/3) * (EL2-ELl) * (ALGal + AZe*2 + aq.a:t.(A>:eral*Arcaa2)) W1�etrc3 a ldJ,1ti , EL' 2 w Lower and upper - Rreaa computed R. jvv tLj-u11*4 Of for ELle EL2, Ele'evation Planimeter Area Al•+ A2+est;1 (A1 *A2) Volume Volume sum 1213 Main $troet 590 Munponsett 5tmct MuldnA. MA 01M (acres) (acrea) (acre -ft) {aura -ft) 508 839.9.526 +- _____ ---_------- -yz4o.o4 0.00 0.40 0.00 0.00 0.00 241.00 11.00 0.10 0.10 0.33 0.03 241.06 *r* 0.10 0.30 0.01 0.04 242.00 12.55 0.17 0.32 0111 0.14 244.00 15.78 0.14 0.39 0.26 0.40 246.00 19.34 0.18 0.48 0.32 0. 2 248.00 22.88 0.21 4.5® 0.39 1.11 148.80 24.84 0.23 0.66 0.18 1.20 »Y�► -i Interpolated area rLuia c:1u;.e,-4t: twv plaanimc'-:-r a;eae►di.n(ja. 2 IA + ((Ei-E1�/(ri!2-E1))"(sq.rt(Areu2)-aq.ri:(Aro31) i ) whereo E1, 82 - Closest two elevations with planimeter data Ei - n1evation aL wh1uh to interpolate ere* Areal,Area2 - Areas ccomput-Od fOl. F1, B2, r"Pectively 1A = Interpolated area, for Ea. w Incremental volume Computed by the Cuiilu McLliud for Reservoir Vnlume6. Val,uma a (1/3) * (EL2-ELl) * (ALGal + AZe*2 + aq.a:t.(A>:eral*Arcaa2)) W1�etrc3 a ldJ,1ti , EL' 2 w Lower and upper - Rreaa computed R. jvv tLj-u11*4 Of for ELle EL2, thrt i t14s7Ctl�11►rr�yt: respea U vely 1krea1,Area2 Volume = Incremental volume betwerott EL1 and EL2 One Omfton Common 167 Hanford Avenuc 1213 Main $troet 590 Munponsett 5tmct MuldnA. MA 01M (IIraYtan, MA 01519 Bellingham, MA 02019 Holden, MA 01920 508 829.3006 617 294-1144 508 839.9.526 503 %6-4130 FROM : NORTH ANDOVER ESTATES PHONE NO. : 508 682 2333 May. 18 1995 11:23AM, P08 FrNOh1 LAND PI.ANPd I fJG BELL I fJGHFiP1 PHONE NO. : 506 96S 5054 ��� Wetland Replication Plan North Andover Estates North Andover, Massachusetts February 20, 1996 Prepared for Toll Brothers, Inc. 55 Rosemont Drive North Andover, Massachusetts 01845 By Wetlands Preservation, Inc. 475 Ipswich Road Boxford, Massachusetts 01921 WPI Job #1480 475 Ipswich Road 47 Newton Road 126 Wildcat Road Boxford, MA 01921 Plaistow, NH 03865 Barrington, NH 03B25 (508) 352-7903 (603) 382-3435 (603) 664-7645 I ETLANOS ,RESERVATION a INC. .,' �Irr j Wetland Replication Plan North Andover Estates North Andover, Massachusetts February 20, 1996 Prepared for Toll Brothers, Inc. 55 Rosemont Drive North Andover, Massachusetts 01845 By Wetlands Preservation, Inc. 475 Ipswich Road Boxford, Massachusetts 01921 WPI Job #1480 475 Ipswich Road 47 Newton Road 126 Wildcat Road Boxford, MA 01921 Plaistow, NH 03865 Barrington, NH 03B25 (508) 352-7903 (603) 382-3435 (603) 664-7645 l Wetland Replication Plan North Andover Estates North Andover, MA The following plan provides details for the construction of an approxi mat 5,000 sq. ft. wetland replication area on North Andover Estates located on Wild Rose Drive in North Andover, Massachusetts. The replication area is proposed to provide approximate) 1,500 sq. ft. in exces f the balance of wetland compensation originally proposed for the subdivision as approved in the Order of Conditions. While a Reconstruction Plan was previously submitted for Replication Area #26, it is now proposed to abandon reconstruction of Area #213 and include additional wetland area in the newly proposed area where the hydrologic conditions are more appropriate for wetland development. With the construction of this area, all proposed wetland replication will be provided onsite. Attached to this report is the site plan entitled 'Proposed Plan of Wetland Replication", dated 2/13/96 prepared by Land Planning, Inc. which provides the location, configuration and proposed grading of the 5,000 sq. ft. replication area. The construction effort will be monitored by a wetland scientist and field adjustments will be made during grading as needed to ensure that optimum hydrologic conditions are established in the replication area. Wetland Replication Area Description The new proposed area, approximately 5,000 sq. ft., is located in an upland wooded area due east of the end of Wild Rose Drive and due north of the existing replication area below the detention pond. The area is generally moderately vegetated with deciduous hardwoods which are uneven aged with well developed boles. While all the upland overstory would have to be removed, this area represents a good location for replication due to the moderate grades, general proximity to the adjacent existing replication area, and the general landscape position relative to the adjacent wetland area. 's'O Y � 064��VOO-O- %DL ash The tree stratum is moderately dense with an average dbh of trees in the stand o eral standout large red oaks (Quercus rubra) occurring here. The tree stratum con ' s of pignut hickory (Carya / ra), A. shagbark hickory (Carya ovata), red oak, red maple (Acer rubrum) and yellow irc etula alleghaniensis) found in approximate equal densities. The sapling stratum is sparse with yellow birch present. The shrub stratum is moderately dense and contains red oak and hawthorne (Crataegus spp.) dominant, with spicebush (Lindera benzoin), black cherry (Prunus serotina), beaked hazelnut (Corylus cornuta) and red maple commonly found, and sassafras (Sassafras albidum), and white ash (Fraxinus americana) occasionally present. The herbaceous stratum is moderately dense with and club moss (Lycopodium obscurum), bracken fern (Pteridium aquilinum), lowbush blueberry (Vaccinium angustifolium), whorled loosestrfe (Lysimachia quadrifolia), cinnamon fern (Osmunda cinnamomea), beaked hazelnut and goldenrod (Solidago spp.) commonly found with blackberry (Rubus alleghaniensis), sheep laurel (Kalmia angustifolia) and grasses occasionally found. There were no species observed in the liana stratum. The soils in the proposed replication area are a loam to 10 inches, followed by a fine sandy loam to 18 inches with a loamy fine sand to 34 inches, with a sand below this. Significant redoximorphic features occur below 34 inches and suggest a seasonal high water table at or slightly above this depth. If necessary, the topsoil in this area is of an appropriate quality to for use in or as a supplement to soils regraded into the replication area. Adjacent Wetland Area Description The adjacent wetland area is best described as a mid -aged wooded wetland swamp. The wetland area is typically vegetated with mature red maple dominant in the moderately dense tree stratum, with white ash, yellow birch and American elm (Ulmus americana) also present. The sapling stratum is also moderately dense and dominated with red maple and yellow birch. The shrub stratum is dense and dominated by spicebush and highbush blueberry (Vaccinium corymbosum) with Northern arrow -wood (Viburnum dentatum), beaked hazelnut and red maple occasionally present. The herbaceous stratum is moderately dense with cinnamon fern, sensitive fern (Onoclea sensibilis), skunk cabbage (Symplocarpus foetidus) and sphagnum (Sphagnum spp.) observed. Poison ivy (Toxicodendron radicans) dominates the moderately sparse liana stratum. 2 Replication Area Construction Erosion control consisting of staked hay bales and siltation fence will be erected prior to or concurrent with all grading activities between the proposed wetland replication area and the adjacent wooded swamp wetland area. The area will be cut, cleared and grubbed with all stumps, slash and debris properly disposed of. Structural features such as downed rotting logs, brush piles and large stones will be removed prior to grading and set aside to be placed into the replication area following regrading. The replication area will be excavated starting at the immediate edge of the adjacent wetland area and the existing replication area to the south. Topsoil will be removed and stockpiled to be used in the replication area as necessary. The grading for the area will be field adjusted as necessary to ensure the proper hydrologic conditions are established in the area following construction. The replication area will be excavated approximately 12" lower than the desired final grade so that 12" of wetland topsoil removed from the crossing area can be graded into the area. Additional soil will be added as needed to ensure that a minimum of 12" of topsoil is backgraded into the replication area. It is proposed to temporarily impact approximately 100 sq. ft. of BVW in order to provide a hydrologic connection of the replication area to the adjacent wetland area. Included in the replication area design is a small sump which will seasonal pond water and provide an additional treatment area of the runoff prior to entering the downslope wetland area. The temporary wetland disturbance is necessary to ensure the release point for the replication area is properly located adjacent to this sump along the existing wetland boundary. The actual location of the temporarily disturbed wetland area will field adjusted during construction so that a minimum of additional tree and shrub clearing is necessary. The disturbed wetland area will be restored in place and planted with trees and shrubs as indicated by the planting scheme in this report. Following construction and final grading, the replication area will be planted with wetland species which have similar characteristics as those in the adjacent wetland area. It is anticipated that additional species will become established in the area from seeds blown or carried in from the adjacent wetland areas. The goal of 3 the replication area is to provide an area of wetland with similar structural and physical features as those in the adjacent areas. In this respect it is anticipated that the replication area will provide similar wildlife habitat functions for a variety of animals, birds and invertebrates which currently frequent the adjacent area. The following species at their indicated size and numbers will be planted in the replication area following construction. All planting will be done during the appropriate planting season and concurrent with stock availability. red maple (Acer rubrum) 3'-5` stock planted alternately yellow birch throughout the replication area. (Betula alleghaniensis) Plant a total 20 stems of each species within replication area. green ash Plant 1 of each species in (Fraxinus pennsylvanica) temporarily disturbed wetland area. highbush blueberry (Vaccinium corymbosum) 18"-24" stock alternately planted by Northern arrow -wood species. Plant a total of 10 stems (Viburnum dentatum) of each species in the replication area. silky dogwood (Cornus amomum) switchgrass (Panicum virgatum) rat mixture sown lbs. per acre rate throughout thea entire redtop replication area and within (Agrostis alba) temporarily disturbed wetland area. 4 .10 An4 JV aRu Replication Area Construction Sequence Demarcate outer extent of replication area, including temporary disturbance area, in the field Establish erosion and siltation control between all construction activities and downslope wetland areas. As needed, establish erosion control during initial construction as vegetation is removed Cut, clear and grub replication area. Stockpile topsoil from area in upland area onsite within erosion control barrier. Complete erosion control around replication area as necessary. Subgrade replication area to appropriate elevations (adjusted in the field as necessary) and backfill with a minimum of 12" of suitable topsoil. Complete erosion control along top edge of replication area as needed. - Plant replication area and temporary disturbance area per planting specifications as soon as stock is available from the source nursery and in conjunction with the planting season. Monitor site construction and replication area progress. Provide status reports to the North Andover Conservation Commission (NACC).. Remove erosion control per direction of NACC. 5j+V' Monitoring and Status Reports Prior to all construction activities, a pre -construction meeting will be held onsite for all concerned parties to review the Wetland Replication Plan and site plan so that all activities and responsibilities are clearly understood. The NACC or agent will be notified of this meeting in advance so that he or she can attend ff desired. A qualified wetland scientist will be onsite prior to all construction efforts on the wetland replication area to verify proper installation of erosion and siltation control and to provide direction to the site contractor during replication area construction and planting. Field adjustments to ensure the establishment of proper grading and hydrologic conditions will be implemented under the direction of a wetland scientist during construction efforts. Status reports will be issued to the NACC on a periodicis�required. a n i Rm. 23 0, 100 ' S.F. TEMPORARY WETLAND. DISTURBANCE TO BE R A 9 RESTORED IN P UVA 3v -'k'--5'000 sq. ft. RA3 230 R OPEN SPACE RA11 / SRA 1RA12 RA13 RA14 t� RA15 STONE BERG! BE REMOVED. NI j c FL END INV. =232.1 S -T, 'r . -\, \ .3 140 2 5 LEGEND 10/7 OVell1~ EROSION CONTROL '— • — LIMIT OF REPLICATION AREA 258- . EXISTING CONTOURS 260 _ PROPOSED GRADE 229xp PROPOSED SPOT ELEVATION LAND PLANNING, INC. ENGINEERING & SURVEY 167 HARTFORD AVENUE, HELUNGHAK MA 02019 (608) 966-4130 FAX- (508) 988-6064 C S LOT � Now c G, ya � Feu LA WILD ROSE DRI VE PROPOSED PN OF �PETLAND REPLICATION HOLLY RIDGE ROAD NORTH ANDOVER ESTATES NORTH ANDOVER, MA �aa� rcR TOLL BROTHERS, INC. 1800 11E.'� PARK DRIVE OF ifF�TBORO. MA 01581 2-13-96 � ".2p' SHT. 1 OF 1 101 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW I OFFENSE:. pe 1) 6�t��� cute" Ai'q� ki i)[- TIME ND DATE OF VIOLATION 'OJ !!(__Al!elti�) (P.M.) ON 19 [( AT cATiON OF fi�d� 13oN I r pEfi$Olf�'� f /F ENFORCI,NG DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x 4 ❑ Unable to obtain signature of offender. Date Mailed f (� Citation mailed to offender THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1 may elect to pay the above fine, either by appearing in person betA,,.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. A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY Lel Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 May 7,1996 Mr. and Mrs. Beck 35 Holly Ridge Road North Andover, MA 01845 RE: VIOLATIONS - Massachusetts Wetland Protection Act (310 CMR 10.00 and the North Andover Wetland Bylaw (CH. 178 Code of North Andover). Dear Mr. and Mrs. Beck: Per the direction of the North Andover Conservation Commission (NACC) and under the guise of the above referenced regulations, enclosed please find a Violation Notice and Enforcement Order. The purpose of this issuance is to formally document violations as described in previous correspondence addressed to Mr. Robert Wyman of Carter & Coleman dated March 8,1996. Any activity proposed or undertaken within an area specified in the Act (310 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC) and Massachusetts Department of Environmental Protection (DEP). Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or Notice of Intent. Violations documented on-site are as follows: • an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall and associated PVC drain; • an unknown square footage of BVW buffer zone was altered for the purposes of installing a grass swale to channel runoff from the house; • an earthen embankment has been created channeling flow from the outlet of the catch basin pipe which discharges into a tributary and prior to reaching Mosquito Brook., BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 OUnder the local ByLaw a violation of this magnitude is subject to a maximum $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time the NACC is not issuing a fine nor are they requiring that the wetland resource areas be restored, however, the following conditions shall be imposed: • Cease and desist immediately from further alteration of this wetland resource area; Please refer to the enclosed Enforcement Order and Violation Notice for further information. If I can be of further assistance or if clarification is required please do not hesitate to contact this Department. Your future cooperation with regards to this matter is appreciated. Thanking you in advance. Sincerely, O Michael D. Howard Conservation Administrator encl. cc: Mr. Robert Halpin, Town Manager Mrs. Kathleen Colwell, Town Planner Mr. Bill Hmurciak, DPW Mr. Robert Wyman, Carter & Coleman DEP-NERD NACC file Lj Unable Citation to obtain mailed signature to offender of offender. Date Mailed OFFENSE IS $ THE FINE FOR THIS NON -CRIMINAL YOU HAVE THE FOLLOWING ALTERNATIVES DISPOSITION OF THIS MATTER. WITH REG!ARD,TO (1) You may elect to pay the above fire, 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, Andover, MA 01845 OR by mailing 120 Main St., North a check, money order to the Conservation Office WITHIN TWENTY-ONE or postal note (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting (2) If you criminal record. 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 issued or to appear as specified, a criminal complaint may be against you. A. I HEREBY ELECT first ❑ the option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY 3 310 CMR 10.99 Form 9 Commonwealth of xassa'chusetts DEF Fi10 No. 242-771 - (To be provided by DEP) Chyf•o-n NORTH ANDOVER ApdjCZ12t Ck Enforcement Order Massachusetts Wetlands -Protection Act, G.L. c. 131, 540 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH riANDOVER , CONSERVATION NACC Issuing Authority To �, ftN Date of Issuance Property lot/parcel number, addr75—pt' Extent and type of activity: O 1 P�Ab M Or K m� The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. C. 131, 540, and the Regulations promulgated pursuant thereto, 310 CHR 10.00, because: said activity has been/is being conducted without a valid order of Conditions. [] Said activity has been/is being conducted in violation of an order of dated , Conditions issued to File number 242- , condition number(s) [] other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately ediatel cease and desist from further activity affecting the wetland portion of this property. C] 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 CcMission ❑ Completed application forms and plana 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 Annex The property owner shall take every reasonable step to prevent further. violations of the act. ❑ other (specify) I� i Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws chapter 131, section 40 provides: I Whoever violates any provision of this sectionl'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. If 11 Questions regarding this Enforcement order should be directed to Michael D. Howard, Conservation Administrator 508-688-9530 ;a f. (signature of delivery person 6r certified mail number) �i i I IL