HomeMy WebLinkAboutMiscellaneous - 430 PLEASANT STREET 4/30/2018 (6) _ _ .
S�t-r e,e,�
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
NAME OF OFFENDER
ADDRESS OF OFFENDER
CITY,STATE,ZIP CODE J DATE OF BIRTH OF OFFENDER
MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER
OFFENSE: I S
_,j Atl (11:1EL.c LAO) '%1+1L ti, (tvN
TIME AND DATE OF VIOLATION �7
(A.M.) (P.M.)ON _ c r
LOCATION OF VIOLATION ,
AT LA�Ccfte4
SIGNATURE OF ENFORCING PERSONEN FORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date Mailed
❑ Citation mailed to offender 4 C , 4
THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 1! i
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER. ) r Z
C
(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,27 Charles 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
y Town of North. AndoverNORrH
Of t,,go 'G.
Office of the Conservation Department
Community Development and Services Division
William J. Scott, Division Director
27 Charles Street 9SSgcr+US
Brian LaGrasse North Andover,Massachusetts 01845 Telephone(978)688-9530
Interim Conservation Fax(978)688-9542
Administrator
December 11,2000
Kevin Grasso
430 Pleasant Street
North Andover,MA 01845 _
VIA Certified Mail# 2� 3-4 0 61,l? '
RE: Enforcement Order/Violation Notice-Violation of the Massachusetts Wetland
Protection Act(M.G.L.C.131 S.40)and The North Andover Wetlands Protection Bylaw
(C.178 of the Code of North Andover)
Dear Kevin:
On December 8,2000,this Department visually observed unauthorized work in progress at 430
Pleasant Street in North Andover. The subject violation consisted of regrading within the buffer
zone of a Bordering Vegetated Wetland(BVW).
This Department is issuing an Enforcement Order and a Violation Notice(attached)mandating
that all activity Cease and Desist immediately and requiring the submittal of a Notice of Intent
(NOI)prior to any further work.
Please be aware that any work proposed within 100'of a protected resource area and within 200'
of any perennial stream are subject to either a Request for Determination of Applicability(RDA)
or Notice of Intent(NOI)filing with the North Andover Conservation Commission(NACC)
(Sections V and VI of the North Andover Regulations).
The North Andover Conservation Commission(NACC)is hereby levying a fine in the.amount of
$1001 per day in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw
and M.G.L.C.40,S.211)as of December 11,2000 and the fine will continue to accrue until a
complete and satisfactory Notice of Intent is submitted. Each day or portion thereof during
which a violation continues shall constitute a separate offense. When the acceptable NOI is
submitted,a final sum due to the Town of North Andover will be provided to you.
If you have any comments or questions,you may contact me at(978)688-9530.
Thank you for your anticipated cooperation.
Alteration of any wetland resource area identified in Section 178.2 of this Bylaw=$100/day.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANiVING 688-9535
ti
Sincerely,
4halrj,LaGrasse
Interim Conservation Administrator
cc: NACC Members
DEP-NERO
File
Board of Selectmen
Tom Urbelis,Town Council
Police
Clerk Magistrate
1 '
WPA Form 9 - Enforcement Order forDEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland
Protection Bylaw.
'
Violation Information
This Enf cement Order is issu d by: Extent and type of activity:
Aor T V �� �-2( f G�
Conservation Commission(Issuing Authonty)
ce-
To:
Name of Violator rC r W C
Location of Violation:
ddiess ,
-t,\ ANJ
Cityff_ ,J�
trJ C•
AssessorsMaf✓Plat,t ParcelAot,t �e Cd� ?-1101 0 A
Date of Issuance:
N
J_z
Date
Findings
The Issuing Authority has determined that the activity Other(specify):
described above is in violation of the Wetlands Protection Act Y ('
(M.G.L.c.131, §40)and its regulations(310 CMR 10.00), Qe nloov Q_
because:
Yrdete activity has been/is being conducted without a`valid
r of Conditions.
0 the activity has beentis being conducted in violation of
the Order of Conditions issued to:
Name
Dated
File Number
Condition number(s)
y tfureauorKesourceiirotectlon_ wetlands
WPA Fr _ Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Order
The Issuing Authority hereby orders the following(check allThe property owner shall take the following action to
that apply): frevent
further violations of the Act: f
❑ The property owner,his agents,permittees,and all C CC-, and De -(St-011 S� 01l1 S tte
others shall immediately cease and desist from the further
activity affecting the Buffer Zone and/or wetland resource uuQ r'� W',�� �� e y([C 0 c( ►� 0�
areas on this property.
❑ Wetland alterations resulting from said activity shall be �( 1 (1 jA
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 AJ( tc�, e r � 6s/\ `2 22 QQ
the Act and regulations shall be fil d with the Issuing
Authority on or before Z Z Z00 (date).
No further work shall be performed until a public hearing Failure to comply with this Order may constitute grounds
has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws
to regulate said work. 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."
Appeals/Signatvres
An Enforcement Order issued by a conservation commission
cannot be appealed to the Department of Environmental Signatur
Protection,but may be filed in Superior Court.
f
Questions regarding this Enforcement Order should be
directed to:,
Name
Phone Number
4 - ;0 Mob " �:-r,
HourOaysAvailable
[,h
Issued by r 1 A Nc t oQ
Conservation Commission
In a situation requiring immediate action,an Enforcement G
�-
order may be signed by a single member or agent of the Signalureoldelivaypersonorcemfied mail numbff
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
r
i
r
I I
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
i
DATE OF THIS NOTICE
NAME OF OFFENDER p'
A DR sS OF OFF E DER
� �®
CI
Y.STATE, IP CODE DATE OF BIRTH OF OFFENDER
MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER
�ii
OFFENSE: f3 •�` T
G.1 &
TIME AND DATE OF OLATION VIC
'A�Wr Sao
AT41�4c N of vJouTlO.
�� G
ATUPf OF ENFO ING PE N ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. D to Mailed '� 00
❑ Citation mailed to offendervilkpp{- � MA.,
THE FINE FOR THIS NO RIHI NV0. -Ek E�1 $rr
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGAR TO
DISPOSITION OF THIS MATTER. f��. � �' y� (��
(1)You may elect to pay the abo�i�Ifne,either'by�ap aring�in}peon
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall,27 Charles St.,North
Andover,MA 01845 OR by mailing a check, money order or postal note to
the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE
OF THIS NOTICE.This will operate as a final disposition of the matter,with
no resulting criminal record.
(2)If you desire to contest this matter in a non-criminal proceeding,you
may do so by making a written request,and enclosing a copy of this citation
WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO:
The Clerk-Magistrate,Lawrence District Court
380 Common St.,Lawrence,MA 01840
ATTN:21 D non-criminal
(3)If you fail to pay the above fine or to appear as specified,a criminal
complaint may be issued against you.
❑ A.I HEREBY ELECT the first option above,confess to the offense
charged,and enclose payment in the amount of$
❑ 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
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
pec em'6t,— 11 , 2000
NAME OF OFFENDER
k.�vlt� 6c�+�sv
ADDRESS OF OFFENDER
W 0 Pt e(A-"
CITY,STATE.ZIP CODE DATE OF BIRTH OF OFFENDER
MV OPERATOR LICENSE NUMBER MVIMB REGISTRATION NUMBER
OFFENSE: �n t
It11_V"113 1-+ It-1"ve ty�01`a�,fnC�1uC'CAtAt4 �ltt,)P
�o+Oloo A(I M c-.L C)0A A_Alh
AcA,,f( tAlF'{'y,,,k) Omiec L,.0 �'klw k. !iq 0+
4k LAC S 41(4\ Aa�jolrr
TIME AND DATE OF VIOLATION
(A'M)) (P.M.)ON DeceraVwr it Zc
LOCATION OF VIOLATION '
AT N� tew �A �c c�
SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date f4ailed t2 i l 00
❑ Citation mailed to offender i C e
THE FINE FOR THIS NOCRIMINAL OFFE S I $ ! 6
N=
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER. t G� OT tS
"> ftM,w P AI AI c
(1)You may elect to pay the abovd'I e,either by amp anng In erson
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall,27 Charles 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: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.1 HEREBY REQUEST a non-criminal hearing on this matter.
Signature
WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY
PINK:POLICE COPY GOLD:COURT COPY
Town of North Andover AORTft
O "neo .° NO
Office of the Conservation Department 3r
Community Development and Services Division
William J. Scott, Division Director "oR rep
27 Charles Street �Ssnc►+u5et
Brian LaGrasse North Andover,Massachusetts 01845 Telephone(978)688-9530
Interim Conservation Fax(978)688-9542
Administrator
December 11,2000
Kevin Grasso
430 Pleasant Street
North Andover,MA 01845 _
VIA Certified Mail# ?� 3 0 (9S b �'
RE: Enforcement Order/Violation Notice-Violation of the Massachusetts Wetland
Protection Act(M.G.L.0131 S.40)and The North Andover Wetlands Protection Bylaw
(C.178 of the Code of North Andover)
Dear Kevin:
On December 8,2000,this Department visually observed unauthorized work in progress at 430
Pleasant Street in North Andover. The subject violation consisted of regrading within the buffer
zone of a Bordering Vegetated Wetland(BVW).
This Department is issuing an Enforcement Order and a Violation Notice(attached)mandating
that all activity Cease and Desist immediately and requiring the submittal of a Notice of Intent
(NOI)prior to any further work.
Please be aware that any work proposed within 100'of a protected resource area and within 200'
of any perennial stream are subject to either a Request for Determination of Applicability(RDA)
or Notice of Intent(NOI)filing with the North Andover Conservation Commission(NACC)
(Sections V and VI of the North Andover Regulations).
The North Andover Conservation Commission(NACC)is hereby levying a fine in the amount of
$1001 per day in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw
and M.G.L.C.40,5.21D as of December 11,2000 and the fine will continue to accrue until a
complete and satisfactory Notice of Intent is submitted. Each day or portion thereof during
which a violation continues shall constitute a separate offense. When the acceptable NOI is
submitted,a final sum due to the Town of North Andover will be provided to you.
If you have any comments or questions,you may contact me at(978)688-9530.
Thank you for your anticipated cooperation.
Alteration of any wetland resource area identified in Section 178.2 of this Bylaw=$100/day.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAIWNI CT 688-9535
Sincerely,
ri J,LaGrasse
interim Conservation Administrator
cc: NACC Members
DEP-NERD
File
Board of Selectmen
Tom Urbelis,Town Council
Police
Clerk Magistrate
I A For . . , . - Enforcement urder �
for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland
i
Protection Bylaw.
Violation Information
This Enf cement Order is issued by: I / Extent and type of activity:
N OE �j
Conservation Commission(Issuing Authonty)
Name of Violator rCLr AJ C t'+1/A t
Location of Violation: Q r.�p� C?J) • )Ly(C"tfw.f3
C..r'� t*r L A'&-L-- C' N '5'qO CAIJ
ddress ,
or-
� ANJ
City/Tom ,f_
Assessors MaplPlat l Parcel/tol! � _
Date of Issuance:
-z
we
Findings
The Issuing Authority has determined that the activity Other(specify):
described above is in violation of the Wetlands Protection Act 1ri
(M.G.L.c.131, §40)and its regulations(310 CMR 10.00), Gt�JOv
because:
Yrde
the activity has beerdis being conducted without a`valid
r 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)
it
r
BureauorKesourceprotection- weuanos
WPA F®r - Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 137, §40 Protection Bylaw.
Order
The Issuing Authority hereby orders the following(check allThe property owner shall take the following action to
that apply): frevent further violations of the Act:
❑ The property owner,his agents,permittees,and all D"d Des(S� oil! 5 ite
others shall immediately cease and desist from the further
activity affecting the Buffer Zone and/or wetland resource bU0 r�� W ;�� C� Q SCC C 'c�� d
areas on this property.
❑ Wetland alterations resulting from said activity shall be y� fi or k'OT- -OD
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 AJ0 e r— �yiti� �Z ZZ 00
the Act and regulations shat)be fil d with the Issuing
Authority on or before 'L Z Z00 (date).
No further work shall be performed until a public hearing failure to comply with this Order may constitute grounds
has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws
to regulate said work. 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."
Appeals/Signatures
An Enforcement Order issued by a conservation commission
cannot be appealed to the Department of Environmental Signatur
Protection,but may be filed in Superior Court.
Questions regarding this Enforcement Order should be
directed to:
1JC(CAA) �o- e,-S5
Name
0/' `�4/� — (C�
15— 220
Phone Number
S5- '0- 4 0 kkoti ' �7r;
NoursNysArdilable
/ConsAIssued by� (')r 1 (� �7`J �t,--
Conservation
ervation Commission
In a situation requiring immediate action,an Enforcement
Order may be signed by a single member or agent of the Signature ofdelkypersonorcertified mail number
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
Y
0
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
VeteWo2T 11 ,
NAME OF OFFENDER
ifiA3 &MZ)
ADDRSS OF OfFE DER
�( ® e&%—_z e,' S�-Pe eei
CITY.STATE,JIP CODE DATE OF BIRTH OF OFFENDER
Re, ®�%Ll.T- —
MV OPERATOR LICENSE NUMBER MVIMB REGISTRATION NUMBER
OFFENSE:. .. 1)4— !V 1 e_�\V J3 W a C1
N+& wo RLQ Alk , XNK,. 0
�r W,kW, m*eel tom ' W k-M 0_�
A�,x r�, AA&jQ�
TIME AND DATE OF OLATION
1 ( ) (P.M.)ON �ece�laer ll.�-t
AT 41�CATIONOF VIOLATION
ATUF OF ENFO INYG PPEI N ENFORCING DEPARTMENT
c� 5 nye '�wrJ
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Dateailed 00
❑ Citation mailed to offender`ji k U4.1q,11(�N+III
RIfu�M
THE FINE FOR THIS NO �L�OFFEk E I�$ M) y
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.U�����' yah� �� is
(1)You may elect to pay the abole Ine,eifher'by�ap 'aring�in person
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall,27 Charles 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: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 opfion 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
t
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
17e c ewo t,— 11 , ?-X0
NAME OF OFFENDER
k�ylra C�c��s�
ADDRESS OF OFFENDER
W�)() Iew' .'-� ate c�
CITY,STATE,21P CODE DATE OF BIRTH OF OFFENDER
✓ i'KIPt 0(%L4
MV OPERATOR LICENSE NUMBER MV,`MB REGISTRATION NUMBER
OFFENSE:
I��1��,�,►� r)�' ��Q_ N\Ols�,c.Inu4��S �i?��arc�
P(+Pr+lw M (M.6.L.e.islsAC))a4+6 MA6
TIME AND DATE OF VIOLATION
(P.M.)ON DeG ennlz2f 11
f
LOCATION OF VIOLATION
, G,
AT "1SC? 1ei:A
SIGNATURE OF ENFORCING PERSON ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Dateailed IZ�(1 Qo
F-1Citationmailed to offender v(R C{'�� •� INV:,
THE FINE FOR THIS NONNCCRI INALOr*ENS1t$ SOf),,r
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
�
(1)You may elect to pay the ab, '1'4e ati herby hpp ariini�in person
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall,27 Charles 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: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 GOLD:COURT COPY
�
Town of North Andover %ORTil°�t,�,o
'61
Office of the Conservation Department o? Wv- ` '° °0
r F A
Community Development and Services Division `
William J. Scott, Division Director
27 Charles Street �sSgcHu5e4
North Andover,Massachusetts 01845 Telephone (978)688-9530
Brian LaGrasse Fax(978)688-9542
Interim Conservation
Administrator
December 11,2000
Kevin Grasso
430 Pleasant Street
North Andover,MA 01845
VIA Certified Mail# ?L 3I G (9'7-,(:' ""0-"S—+
RE: Enforcement Order/Violation Notice-Violation of the Massachusetts Wetland
Protection Act(M.G.L.C.131 S.40)and The North Andover Wetlands Protection Bylaw
(C.178 of the Code of North Andover)
Dear Kevin:
On December 8,2000,this Department visually observed unauthorized work in progress at 430
Pleasant Street in North Andover. The subject violation consisted of regrading within the buffer
zone of a Bordering Vegetated Wetland(BVW).
This Department is issuing an Enforcement Order and a Violation Notice(attached)mandating
that all activity Cease and Desist immediately and requiring the submittal of a Notice of Intent
(NOI)prior to any further work.
within 2
Please be aware that an
work proposed within 100 of a protected resource area and t 00
Y P P
of any perennial stream are subject to either a Request for Determination of Applicability(RDA)
or Notice of Intent(NOI)filing with the North Andover Conservation Commission(NACC)
(Sections V and VI of the North Andover Regulations).
The North Andover Conservation Commission(NACC)is hereby levying a fine in the amount of
$1001 per day in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw
and M.G.L.C.40,S.211)as of December 11,2000 and the fine will continue to accrue until a
complete and satisfactory Notice of Intent is submitted. Each day or portion thereof during
shall constitute a table NOI is separate offense. When the acceptable which a violation continuesp p
submitted,a final sum due to the Town of North Andover will be provided to you.
If you have any comments or questions,you may contact me at(978)688-9530.
Thank you for your anticipated cooperation.
Alteration of any wetland resource area identified in Section 178.2 of this Bylaw=$100/day.
BOARD OF APPEALS 688-9541 BtiILDNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA ! ! G 688-9535
j
Sincerely,
460r6j.LaGrasse
Interim Conservation Administrator
cc: NACC Members
DEP-NERD
File
Board of Selectmen
Tom Urbelis,Town Council
Police
Clerk Magistrate
C3UlGduul KCJuut(. rtutCtUuli— vvcuaiw.,
WPA Y
O - Enforcement Order for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland
Protection Bylaw.
Violation Information
This Enfcrcement Order is issu d by: / Extent and type of activity:
Al0CVfPAkkld� CA4 -00
Conservation Commission(Issuing Authonty)
Name—off Violator rCLr i A�Q
Location of Violation:
ddress
ANd6.).->
A] r
CitylTown �_ n
�_.
Pf � C• aT
Assessors MaplPlat 0 PaMIAot{
Date of Issuance:
V2e C'
we
Findings
The Issuing Authority has determined that the activity Other(specify):
described above is in violation of the Wetlands Protection Act
(M.G.L.c.131,§40)and its regulations(310 CMR 10.00), e noon Q
because:
Yrde
te activity has been/is being conducted without a-valid
r of Conditions.
❑ the activity has beenlis being conducted in violation of
the Order of Conditions issued to:
Name
Dated
File Number
Condition number(s)
E
Bureau of Resource Protection- Wetlands
WPA Form - Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Order
The Issuing Authority hereby orders the following(check all The property owner shall take the following action to
that apply): frevent further violations of the Act:
❑ The property owner,his agents,permittees,and all (xJ p f St 0t 1l S tie
others shall immediately cease and desist from the further e f
activity affecting the Buffer Zone and/or wetland resource uuq rV, W
areas on this property. i
❑ Wetland alterations resulting from said activity shall be � �°• 01
corrected and the site returned to its original condition.
Complete the attached Notice of Intent.The completed
S
application and plans for all proposer work as required by �� C'� l,o,�e r- �tul/\ n12-7— 00
the Act and regulations shat be fil d with the Issuing
Authority on or before 2 Z Z00 (date).
No further work shall be performed until a public hearing Failure to comply with this Order may constitute grounds
has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws
to regulate said work. 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."
Appeals/Signatures
An Enforcement Order issued by a conservation commission
cannot be appealed to the Department of Environmental Signatur
Protection, but may be filed in Superior Court. �-
Questions regarding this Enforcement Order should be
directed to:
?p
Name
Phone Number
SS= �o- W ;0 Moth
NoursrDaysRvailable
AN
Issued by r 1 J`oi
�
Conservation Commission
In a situation requiring immediate action,an Enforcement C)
Order may be signed by a single member or agent of the
Signature of delivery person or certi(red mail number
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
Y
TOWN OF NORTH ANDOVER
i NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
NAME OF OFFENDER
�ZaJt�j &(-A�`-��
ADDR SS OF OFFE DER
CI Y,STATE, IP CODE DATE OF BIRTH OF OFFENDER
k
of ®�%Ll 5-
MV OPERATOR LICENSE 19UM13LR MV/MB REGISTRATION NUMBER
OFFENSE:
�V, RJB 41,6%L,C,-YN e6.14 o WW
ArAo,itr s 4e(jttom W LC.I &
#,t r4, Wwos
TIME AND DATE OF OLATION
( ) (P.M.)oN
1 r =00 "December it.
AT LAV
LOCATION OF V OIATION
ATUF�Of ENFO ING PER§9N ENFORCING DEPARTMENT
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date�Qailed 1 00
.Iq
❑ Citation mailed to offender�ik Czr " d M01:1
THE FINE FOR THIS NO RI&N OFFEWSE 1�$ID
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.��. ��.;t to
-r i5
(1)You may elect to pay the ab.— Ine,either byiap .,rf inn_ke-`son
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted,before:The Conservation Office,Town Hall,27 Charles 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 k
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 �� ($_,
H DATE OF THIS NOTICE TO: '
-ONE 21 DAYS OF THE
WITHIN TWENTY ( )
The Clerk-Magistrate,Ma istrate Lawrence District Court
380 Common St.,Lawrence,MA 01840
ATTN:21 D non-criminal
(3)If you fail to pay the above fine or to appear as specified,a criminal
complaint may be issued against you.
❑ A.I HEREBY ELECT the first option above,confess to the offense
charged,and enclose payment in the amount of$
❑ 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
F