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Home My WebLink AboutMiscellaneous - 40 COACHMANS LANE 4/30/2018 / i AUG 19 '92 14:26 WETLAhdDS 026 P02 4 i i IMETLANDS 1 kit PasEPV.4TIO 4J �j August 18, 1992 Mr. George Reich, Chairman North Andover Conservation Commission Town Hall 120 Main Street North Andover, MA 01845 Re: Enforcement order Kettenbach Property North Andover, MA Dear Mr. Reich: In July 1992, the North Andover Conservatioq Commission (NACC) issued an Enforcement Order to Mr. Michael Kettenbach of 45 Coachman's Lane, North Andover, requiring removal of grass and shrub clippings from a wetland area on land adjacent to Mr. Kettenbach's property. Wetlands Preservation, Inc. (WPI) has reviewed the property which we understand is not owned by Mr. Kettenbach. Upon our first site inspection, we determined that a wetland area (bordering vegetated wetland) had been filled on the property and.that while some of the material appeared to be recently deposited leaves, grass and shrub clippings, the area had been used for dumping of similar material over many years. Much of the organic material has been in place long enough to be fully decomposed. It is our understanding that several people may have been responsible for the deposition of the material. During the week of August 3, 1992, Towne Landscaping Service, Mr. Kettenbach's landscape firm, removed, at his request, all of the material from the Bite which Towne Landscaping Service had placed in the wetland. All material removed from the site was delivered to a disposal company. WPI reviewed the site on August 14, 1992 and AUG 19 192 14:27 WETLANDS 026 P03 ,f observed that a substantial volume of material had been removed from the site. We also determined that from one to three feet of old, generally organic, fill remains on the site. It is Mr. Kettenbach's position that all material deposited by his landscaper on the adjacent property has been removed. In light of the above actions on the part of Mr. Kettenbach to remove his contribution to the problem and in light of the fact that he does not own the parcel in question, it is requested that the NACC rescind its Enforcement order. Should you have any questions regarding this matter or if you require additional information, please contact the undersigned. Very truly yours, 0"t— mry— Curtis R. Young President cRY:bsg cc: Michael Kettenbach NOwrh KAREN H.P.NELSON Town of 120 Main Street, 01845 Director (508) 682-6483 NORTH ANDOVER BUILDING ��9 CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT July 28, 1992 Mrs. Glenda Wallace 114 Coachmans Lane No. Andover MA 01845 Dear Mrs. Wallace: Thank you for your recent letter and photos regarding wetland filling on Coachman' s Lane. Please be advised that I have forwarded letters to Mr. Kettenbach and Mr. Leone regarding landscaping material dumped in wetlands. To ensure that all parties are properly informed, I will send a letter to the Palermos as well. Mr. Kettenbach has hired a wetlands consultant to remove the material and an Enforcement Order has been issued to him to remove all debris. Mr. Leone has assured me that the grass clippings near his property will be removed by August 1st. I have also spoken with Mr. Leone's landscaper. I forwarded a letter to the Dockrays on July 14th which has not yet been responded to. Since this may be a more serious issue than landscaping materials, it will undoubtedly take longer to resolve. I will continue to pursue this matter with the Conservation Commission. Again, thank you for your interest in protecting our water resources and please keep me informed of any future occurrences. If any obvious wetland filling takes place when I cannot be reached please contact the North Andover Police immediately. Sincerely, Richard P. Doucette Conservation Administrator CC : Karen HP Nelson, Division Director n y c Gti�"-l2� lity •�,`3.. Tim' .s+' r �"., iL ,P- t T .� e bR. ?\ jw7 aiS �A r.; j s y� �•� ��' lk ;_`� ��+ �9N3 •,. �1 � �^ � i.at I ov ` �� .. � ,y�y,tats ��+Sr a� �� F� t KY '*'��y.ai "r � .� "a r� w-/r F it� ��'f`� _1 ,aONiy,� KAREN H.P.NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION 8°M s DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT July 28,$ 1992 Mr. & Mrs. Palermo 75 Coachmans Lane No. Andover MA 01845 Dear Mr. & Mrs. Palermo: The Conservation Commission has recently become aware of a number of violations of local and state wetlands protection laws on Coachmans Lane. These violations include the dumping of grass clippings and landscaping debris in wetlands along the roadside. At least two such violations are now being cleaned up. To ensure that such activity does not take place in the future, please inform your landscaper that such activity is a violation of the law. Thank you for your anticipated cooperation in this matter. Sincerely, Richard P. Doucette Conservation Administrator CC Karen HP Nelson, Division Director f KAREN H.P.NELSON �; , Town of 12o Main street, o1s45 Director .°� NORTH ANDOVER (508) 682-6483 BUILDING aeWC. DMSION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT June 29, 1992 Mr. Michael Kettenbach 40 Coachman's Lane North Andover MA 01845 Dear Mr. Kettenbach: Please be advised that my office received an anonymous phone call late last week regarding a possible wetland violation at your property on Coachman's Lane. From my inspection on Friday, June 26 it appears that grass clippings, leaves and other landscaping debris has been dumped in a wetland on your property. This wetland is a tributary to the public drinking water supply. I have attempted to contact the landscaping company who was observed on your property but have been unable to do so. We have also not been able to contact you by phone. Please be advised that this filling of wetlands is a violation of the state Wetlands Protection Act (MGL Ch. 131 S.40) the North Andover Wetlands Protection Bylaw (Ch. 178) and the Watershed Protection District of the North Andover Zoning Bylaw (Section 4. 136) . All debris must be removed. Please call my office within 48 hours so that we can discuss the prompt removal of this debris. Thank you for your anticipated cooperation. Sincerely, Richard P. Doucette Conservation Administrator Town of North Andover CC Karen HP Nelson Planning Board P '290 095 911 RECEIPT FOR CERTIFIED MAIL i NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) N Sent to NMirbael Kettenbach io Street and No. 40 Coachman's Lane a P.O.,State and ZIP Code NNortb Andover. MA 01845 Postage S Certified Fee C) Special Delivery Fee Restricted DeliveryFCP Returnchi .stSowing F f\ to who .and, ate�HyBretl _ C)c 1!'1 °0 Return ec i 1" iovvirl�ij�i w orh, rn Date,a,t-Atldfe oi`Delive, .. m TOTAL Wag nd Fe S � 0 � Postmark or Date M E 0 LL N CL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, _ CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT RECIUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse • RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. *U.S.G.P.G.1e89-234-555 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card fiom being returned to you.The return recei t fee will rovide ou the name of the person delivered to and the date of deliver . For additional fees the ollowing services are available. onsult postmaster or fees an check boxles for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number P 290 095 911 Michael Kettenbach Type of Service: 40 Coachman's LaneElRegistered ElInsured KKXCertified ❑ COD North Andover, MA 01845 ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. r es a 8. Addressee's Address (ONLY if X requested and fee paid) 6. nature Agent X 7. Date of y _ PS Form 3Ef 11, Apr. 1989 *U.S.G.P.o.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the U- reverse. • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO R. Doucette c/o Town Hall 120 Main Street North Andover, MA 01845 IIIii???i!{?I 310 CMR 10.99 Form 9 DEP File No. .,► (To De provided by DEP) Norrli Andover, HA .;, Commonwealth Cly 1oWn of MassachusettsKettenbach ADObC0111 •yam. X � Z, . 39 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 Commission Issuing Authority To Michael Kettenbach Date of Issuance July 9, 1992 Property lot/parcel number, address #40 Coachmans Lane Extent and type of activity: Filling of a bordering vegetated wetland with landscaping debris. The North Andover Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. c. 131 , §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: xxxx Said activity has been/is being conducted without a valid Order of Conditions. O Said activity has been/is being conducted in violation of an Order of Conditions issued to • dated File number 242— , Condition number(s) UX Other(specify) , This wetland is a tributary to the public water supply. This is also a violation of the local wetlands bylaw and the zoning bylaw. The North Andover Conservation Commission hereby orders the following: The property owner, his aoents. permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. XXj5jx Wetland alterations resulting from said activity shall be corrected and the site returned to its original cori- dition. 9-1 issued by North Andover Conservatic,n Cornnussiorr II Completed application forms and plans as required 0% the f{c; and Reoulatrons shall be Fled with InE North Andover Conservation Conrrnissigllorbefore _ Nate) and no further work shall be performed until a public hearing has been held and an Order o' CondrUon- has been issued to regulate said work. Application forms are available at. N.6Cc; 01'f. ice 120 Maj n St . , ('Town }lo l l) )UxgThe property owner shall take every reasonable step to prevent lurcher violations of the act No. Andover,MA Tel. #082-6483 01845 )QX Other (specify) The wetland will be cleared of all grass clippings, leaves, brush or any other debris. The Consevation Office will be informed when the project is completed and will be informed of the destination of the ramoved material. All materials are to be removed within ten (10) days of receipt of. this Order. Failure to comply with this Order may constitute grounds lot legal action Massachusetts General Laws Chat) ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a tine of not rilpto than twenty-five thousand dollars or by imprisonment tot not more than two years or both Each day or portion thereof of continuing violation shall constitute a separate ollense Questions regarding this Enforcement Order should be directed to Issued by North Andover Conservation Commission Signature(s) ' `_ - (Administrator) ISIorralure of d0l%,Pr� or cerIiIiea mart nurnp,?rl Fut 7116114 �PD �Y�deo' BLI J�J�f�/Z