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Home My WebLink AboutMiscellaneous - 41 Merrimack Street 1-711 Rlerr11x&1- 61 , � s ti TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION ffff, l�y f NORTH q � ?�•`s � 6'6 0 TELEPHONE 683-7105 �SSnC►+U { April 19, 1983 Mrs . I'dargaret Simon 41 Merrimack Street Methuen, MA 01844 Dear Mrs . Simon: Thank you for your letter of April 11th with regards to the work on your property in North Andover. It appears from your letter that you have not visited this property recently. Rather than "slow select cutting" work, some of the area has been clear cut - all trees have been cut. Although there may not be any major wetlands on your prop- erty, the work has caused significant erosion and sedimen- tation to downstream wetlands. The source of all of this is clearly from the area where the tree cutting is going on. We must again request that you or your representative attend our next meeting on Nednesday April 27th to disucss this problem. Yours truly, Anthony Galvaona CIiairrzan, Nc,CC cc : D.E.4.E. �iighi,;ay Surveyor Planninb Board Margaret Simon 41 Merrimack St Methuen, Ma. 01844 North Andover Conservation Commission Chairman Anthony Galvagna Town Hall, Main Street North Andover, Ma April 11th, 1983 Dear Board Members : Due to an auto accident with my car, I can not appear before your board regarding the subject matter in your letter dated March 313 1983. But I wish to respond. Therefore, I submit the follow- ing: The Mitchell Johnson land abutting my land was purchased over two years ago by developers. Shortly after which surveyors and eng- ineering test equipment made tree cuts up the dis-continued Appleton Street. I can only assume the dis-continued street cutting was done by three (3) sources . That is . . . surveyors, perk test equipment and un-related townspeople taking wood out on week-ends, due to the newspaper coverage on the Bear Hill hearings . This dis-continued street section has been a horse trail for horse riders as long as I can remember. In mud-season it is always wet and muddy in the center. Now the spring run off is displaced by three (3) tracts instead of one. The entry of this spring run off is just before my land. It enters on to this street from n/f Mitchell Johnson' s land. Anyone walking my land would observe that I have no "wetlands" . Further, the Geological Survey Map confirms this. It shows no swamp or brook running in my land. The "slow" select cutting on my land has been going on for the past eighteen (18) months but on a on and off basis. It is a one m n o eration. He has been instructed from day one to leave all fir, bircli and only select cut large oak and maple. He is harvest- ing those that are ripe and ready. This in turn helps pay the high "raw land" tax bill. I have no income and wish to be no burden to anyone. Respectfully yours, Margaret Simon )�� 787' 206 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Son to f',�� Street� No,�jx P.O., tate n ZIP Code ,e. GYM i Postage $ G Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Y� Return Receipt Showing to whom, Date,and Address of Delivery 10 TOTAL Postago and Foes $` S` 0 Postmark or D s 0 � STIM POSTAGE STA.',,-,PS TO ART CLE TO COVER FIRST CLASS POSTAGE, CERTIFIED!I SIL FEL,—%U Cft-AGES FCR-.Y SELECTED OPTIMAL SERVICES.(see front) �1.If you wart Th s r C,:Ft p':!5•ar 6 '_ r .k rr-e d;rib ren the left porton of the address side 1 ofkhe article leaving the rec-Apt ottuch,rd aril presert the artic a at a post office service window or `hand t tv your u,d,c._„a •*e, ,:r-i...rge; 2.If you do not ,roaot th;.retie�*poo •ur.eu, ,tick the gummed stub on the left portion of the address!,,&of the r*.a c ,sir, d, ._ o,d• *jin tr• receipt,and mail the article, 3.If you war t a•ar r^rt c-:, wr'r r 7e Ce° red mail number and your name and eddress on a return receipt card 7orm 38'+ _ , ,rt,rr it ,tn,�frort of the article by means of the gummed ends if,:,pacc pe*-mils u;^crw .•- Of r b.. _r a Endorse front of articie RETURN RECEIPT REQUESTED adiacant to' ""fl 4. If you want de,,ti_ry u.,u u.y tf da _asee. or to do d0l'orrzed agent of tate addressee. endorse RE"'RIC10":'`L'%' py r, :it the;article 6. Enter fees for the a r%cv: _q '=d n t,,a appropnate spaces on the front of this receipt.If return rece pt Is r.,;,:;t.i `wr, 7 F ,. abre Dluc•s'r!tern ' of Form 3811 6.Save this recerpt and present t f you make inquiry ' TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION f NORTH '9 3=�`z 'a °oma TELEPHONE 683-7105 si a '11,91°+,,.o r�� SACHUS� March 31, 1983 Margaret Simon 41 Merrimack Street Methuen, MA 01844 Re : Cease and Desist Dear l/is . Simon: The North Andover Conservation Commission (NACC) has determined that the tree cutting work performed on your property is in violation of the Massachusetts Wetlands Protection Act and the Town of North Andover' s Wetlands Protection ByLaw. The extensive tree cutting and road wI has caused significant amount of erosion and sedi- mentation thereby causing damage to downstream wetlands and drainage ways . This x-;ork cannot proceed without filing .a Notice of Intent with the NACC, and therefore order that you cease and desist immediately. iqloreover, the sediment deposited in dov-nstream areas will need to be removed and the drainage ways cleared. We hereby request that you or your representative appear at our next meeting on April 13, 1983 to discuss with us how these problems are to be corrected. Yours truly, �G�` L' v�—�-`/'�.�fjc�' Anthony G� vagna d Chairman, NACC AG cc : Planning Board Highway Surveyor Town Counsel T D.E.Q.E. Board of Selectmen Louis Kmiec NORTH ANDOVER CONSERVATION COMMISSION I. ;> ' 'CMV, ; Mmasnr�usetts Genera( YoL-g Captzr 131 ;Szrtion 4Q and under Town of North Andover ByLaw, Chapter 3 Section 3.5 A & B C "AS SI S T TO: Margaret Simon DATE March 31, 1983 41 Merrimack Street Methuen, MIA 01844 SITE ACTIVITY: tree cutting at the end of Appleton Street The Conservation Commission, duly appointed under Chapter 40 Section 8C, G .L . , hes investigated the site and activity as above described . It has determined that the said activity is in -violation of Chapter 131 Section 40, G .L. , -and Town =ByLaw noted -ab-ove -anti-actor ing.ly orders the following: 1. The person in possession of the property, his agents and permittees , and all other persons shall forthwith cease and desist from further activity affecting the wetland portion of the site . 2 . The person in possession of the property , or his agents , are requested to attend the next regular meeting of the North Andover Conservation Commission and be prepared to present plans showing the proposed filling and grading of the wetlands on the site indicated. 3 . Required form and plans as listed in the Regulations under the Act shall be filed with the Commission, and no further work shall be performed until a public hearing has been held and an Order of Conditions issued to regulate the said work. 4 . The person in possession of the property shall take all reasonable steps to prevent unlawful activity by any trespasses on the site . Unlawful activity will result in further legal action. Deliver Signed Certi ied Mail , #P 382 787 206 Ivurr,ber 3E"ER: Complete bam.5 2,3,and 3. o Aid yet ad9rets is-ice"RETURN TO"Space an m 1. no following smite is regceeswd(che k4m.) 0 Show to wiwm amd dei-vere& ..........—4 0 Show to whom,tate ane}Wfess of delivery. G ea Cl RES1' CTEDDELIVER' 3 tD Show-towhom andiate delivered.. .....�„_. Cl RESTRICTL^D DELIVLRY. �• Show to whom,tate,and a ldrass of d33ivery.S— (CONSULT PC35"i'1 AS?cR FOR FEES) 2 RTICLE ADDREIM90 TO. _ - —�-- a�a, c �// e ��iG c,/c- 3. ./3. ARTICLE OESCRIMON: Ln REGISTERED R+O. CEn jet Q�� i Q�URED Att3 m O (Always obtain skpaaturs of addre—as or agent) t have seeeived the article-4hscAbed above. M W&MATWM cssee DA.6..d symt Q ' � 4. 7-AT E OF DELIVrAy POSTMARK l $. ADDRESS fCompkft BRtt if requesfad) m J., 6. UNABLE TO VELiV ER BECAUSE: O --61dtT IM S0e•459 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE,swo �s us.uaela • Complete items 1,2,and 3 on the reverse. • Attach to front of article if space permits, otherwise affix to luck of article. • Endorse article"Return Receipt Requested' adjacent to number. RETURN TO #'Nortl, inaover Conservation Coru-i.� (Name of Sender) 120 Main Street (Street or PO.BOX) r North tindover, 1---, 01845 - ori,state,arta ZTCo&)