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Home My WebLink AboutMiscellaneous - 4 LACY STREET 4/30/2018 (3) i r i i M `� NORTiy � 61 �O 0 syy1 _' ey O'P COCNIC—I WKK TED ��SSACHUS�� CONSERVATION DEPARTMENT Community Development Division October 31, 2013 Mark Vincent 4 Lacy Street North Andover, MA 01845 RE: VIOLATION of the Massachusetts Wetland Protection Act (M.G.L. C.131 § 40) and the North Andover Wetland Protection Bylaw (C. 178 of the Code of North Andover) at 4 Lacy Street Dear Mr. Vincent, During a site inspection to review the wetland resource area related to the building permit submitted for the construction of an 8' x 12' deck at the above referenced property, I observed unauthorized dumping of brush and tree debris within the 100' Buffer Zone to jurisdictional wetland resource area. The dumping was observed in three separate areas. According to C. 178.2 of the Bylaw, "No person shall engage in the following activities: removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas..."including any 100-foot buffer zone. As such The North Andover Conservation Department i p s hereby issuing this Violation Notice requiring that you cease the aforementioned activities hvrties withi n the jurisdictional resource area and remove all stockpiled materials by November 30, 2013 and relocate them to an area outside the 100-foot buffer zone or properly dispose of them off site (the town brush dump on Sharpener's Pond Road is an approved location). Please inform this department when clean up is complete. The proposed deck extension is outside of the 100-foot buffer zone and therefore the building permit has been signed by the Conservation Department. Please do not hesitate to contact me should you have any further questions or concerns in this regard. I Sincerely, NORTH ANDOVER CONSERVATION DEPARTMENT Heidi Gaffney Conservation Field Inspector 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Massachusetts Department of Environmental Protection L Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information pr Whenfilling out This Enforcement Order is issued by: forms on the North Andover 9/19/01 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mark Vincent return key. Name of Violator 4 Lacey St. r� Address 1. Location of Violation: Mark Vincent/Scott Follansbee Property Owner(if different) 4 Lacey St (common Drive) Street Address North Andover, MA 01845 City/Town Zip Code Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Installation of a utility service (AT&T) parallel to driveway to service 4 Lacey St. The work is within the Buffer Zone to a Boardering Vegetated Wetland (BVW) boardering a pond. B. Findings 9 The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaform9a.doc•rev.12/15/00 Page 1 of 3 r Massachusetts Department of Environmental Protection DEP File Number: ILI Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Provided by DEP B. Findings (cont.) ® Other(specify): This work is allowed to be constructed under this Enforcement Order under the condition that is completed by Friday, Sept. 21, 2001. Erosion control shall be installed at the time of work. I C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the followingaction to prevent further violations of p the Act: Complete work no later than Friday, Sept. 21, 2001. Erosion control to remain in place until area is stablized. Exposed area shall be seeded and/or spread with ha mulch. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc•rev.12/15/00 Page 2 of 3 i Massachusetts Department of Environmental Protection DEP File Number: i Bureau of Resource Protection - Wetlands Ll WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Conservation Dept. Name 978.688.9530 Phone Number Mon-Fri 8:30-4:30 Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: � l J h61;xra e0 Signature of delivery person or certified mail number wpaform9a.doc•rev.12/15/00 Page 3 of 3