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Home My WebLink AboutMiscellaneous - 36 PATTON LANE 4/30/2018 (3)Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978) 688-9531 November 5, 1998 Mr. or Mrs. Pajela 36 Patton Lane North Andover, MA 01845 Fax (978) 688-9542 RE: WOLA17ON of the Massachusetts Wetland Protection Act (M.G.L. C. 131 S. 40) And the North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. or Mrs. Pajela: An visual inspection was conducted by this department at the above referenced property at the request of the Board of Health. The subject inspection was to determine if there were jurisdictional wetlands in close proximity to proposed testing areas and was in response to a soil test application that was submitted to the Board of Health. It was determined that soil testing on the property would not adversely impact the Bordering Vegetated Wetlands (BVW), Bank, Land Under Water (LUW), or Boston Brook (a perennial stream protected under the Riverfront Act) which are all located directly across the street. However, should your home require a septic repair, it is probable that a Notice of Intent (NOD application will need to be filed with the North Andover Conservation Commission (NACC). The NACC has jurisdiction within 100' of wetlands through the Massachusetts Wetland Protection Act, and 200' of a perennial stream through the Riverfront Act. Chances are any work that will occur on your lot will trigger a filing with the NACC. This department also observed an "alteration" that took place on the Bank of Boston Brook across the street. The term "alteration" includes, but is not limited to, the placement of fill, excavation, or regrading (Section II. (b) of the North Andover Wetland Regulations). This "alteration" consists of grass clippings that were recently being illegally deposited. This "fill" is being inappropriately deposited and needs to be removed. Wetlands, Banks, etc. and their Buffer Zones are not a desirable location to deposit material. Please adhere to a deadline of Monday, November 23, 1998 for removal of this waste. Dumping is prohibited within 100' of a wetland and is subject to a $300/ day fine (Section 178.10(A) of the North Andover's Wetland Protection Bylaw). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Failure to comply with the above mentioned will require your attendance at a public meeting before the NACC, and/or additional penalties and/or fines. Please refer to the attached Enforcement Order and Violation Notice. Should you have any comments, questions, or concerns, feel free to contact me at (978)688-9530. Thank you for your cooperation in this matter. Sin ely, a Richelle Martin Conservation Associate Cc: Michael D. Howard NACC members Dep -Nero Board of Health File 310 CMR 10.99 Form 9 Commonwealth of Massachusetts DEP File No. 242 - (To be provided by DEP) City/Town - North Andover Applicant - ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G..L.C.131, S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conservation Commission (NACC) Issuing authority To: au-. / inns . 'q Aj t1 0'-" Date of Issuance: mrn beiz 5- )'1 9 Property lot / parcel number, address: '3 C� .� d� 0—n -L Extent anda of activity: f�AM6Qd-- UrreS t3'P tY� �.�,�-�k. The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M.G.L. C. 131, S40, and the Regulations promulgated pursuant thereto, 310CMR 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 Conditions issued to dated File number 242- , condition number (s) ❑ other (specify) The North Andover Conservation Commission hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by North Andover Conservation Commission (NACC) ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before (date) and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Application forms are available at NACC Office, Town Hall, North Andover, MA 01845, (978) 688-9530. The property owner shall take every reasonable step to prevent further violations of the act. Other (specify): rurn 0Ta w et �y Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chapter 131, Section 40 provides: Whoever violates any provisions of this section shall be punished by a fine of not more than twenty - five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Conservation Department @ (978)688-9530. Issued by: North Andover Conservation Commission Signature(s) inistrator) 9-2b (Signature of delivery person or certified mail number) Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 07 8) 688-9539 VIOLATION NOTICE. Issued from: NOR TH ANDOVER CONSERVATION COMMISSION Issued to: '-,-'° Fe10' Date: ��-_�'� D D.E.P. No. Location/Property : 3U 100 -t uYt L" ��HORTF�� p QS�gCHUs% The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Type of Activity: k CVVU4POTL (,QJx,� If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Required Action: Questions concerning this violation notice should be directed to the North Andover Conservation Office, Town Hall Annex, 27 Charles Street, or by cal g (978L) 688-9530. Signature: G� WARD OF APPEALS 688-9541 BLT -DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535