HomeMy WebLinkAboutMiscellaneous - 440 FOSTER STREET 4/30/2018 (2) .�
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THOMAS E�NEVE
ASSOCIATES, INC.
July 17, 2003
Ms. Alison McKay RECEIVE®
27 Charles Street
North Andover, MA 01845 JUL 18 2003
Re: 440 Foster Street,North Andover NORTH ANDOVER
Enforcement Order CONSERVATION COMMISSION
Dear Alison:
Our office was hired by the owner of the above-referenced property to assist them in complying
with an Enforcement Order issued by your department dated July 8, 2003.
A violation notice was issued for un-permitted work in the buffer zone to a wetland resource
area, specifically for the cutting of several mature trees and a pile of leaves being stockpiled
within the 25-foot No Disturb Zone. The Enforcement Order requires a report prepared by a
qualified wetland scientist in narrative form that is to include a detailed description of existing
conditions; all unauthorized activities and the proposed plantings including the sequence of work
and the proposed buffer zone planting strategy.
On July 16, 2003 I inspected the property. There is a bordering vegetated wetland to the left of
the lot with a wooded slope leading up to the existing lawn/garden area. After examining the
property I noticed that a section of a quad red maple, a triple red oak and a twin red maple had
been cut and stacked into a log pile. I also noticed that a decomposing pile of leaves behind the
log pile. There were no tire ruts or damage to the slope above the wetland resource area during
the tree removal process.
As required by the Enforcement Order 4 red oaks and 4 red maples, at least 4 feet in height, shall
be planted along the slope in the general area where the trees were removed. All of the stumps
shall remain in the ground. I do not recommend the removal of the deteriorating leave pile, as
the leaves are very decomposed. I recommend that the log pile remain in the general area that it
is currently located, as it will provide valuable habitat above the wetland resource area. The
current property owners are aware that they are not to push or pile leaves in the-buffer zone to
the wetland resource areas that exist on their property. The property owners shall purchase
conservation placards from the North Andover Conservation Commission office and shall
permanently place them on the existing trees within the 25' No Disturbance Area.
• ENGINEERS LAND SURVEYORS • LAND USE PLANNERS
447 Old Boston Road U.S. Route#1 Topsfield, MA 01983
(978)887-8586 FAX(978)887-3480
Ms. Alison McKay Page 2
July 17, 2003
If you should have any questions regarding this matter please do not hesitate to contact our
office.
Sincerely,
THOMAS E. NEVE ASSOCIATES, INC.
Greg Hochmuth
Wetlands Specialist
GH/km
cc: Mr. Frank Small
2289Smal]NACC.doc
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Town of North AndoverOwn,
C3¢•,.i.sc,oq,S,
Office of the Conservation Department
Community Development and Services Division -
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27 Charles Street
Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530
978
Conservation Associate Fax( )688-9542
July 8,2003
Frank Small
440 Foster Street
North Andover, MA 01845
RE: ENFORCEMENT ORDER: Property at 440 Foster Street
Violation of the Massachusetts Wetland Protection Act(MGL c.131 s.40) and North Andover
Wetland Protection ByLaw (c.178 of the Code of North Andover).
Dear Mr. Small:
This is a follow up correspondence to the violation notice dated July 25, 2003 (which was
misdated and should have been dated June 25, 2003) and our subsequent on site meeting on
July 2, 2003. During this meeting it was more accurately determined that clearing/cutting
activities had occurred within the 100-foot buffer zone of a protected wetland resource area,
specifically within the 25 foot No-Disturbance area of a protected resource area, enforced under
section III D of The North Andover Wetlands Protection Bylaw. It was observed that
approximately 7 trees, mostly oak and maple, had been cut. Also observed were significant
amounts of leaves in the resource area (most appeared to be of natural deposition, but one area
as discussed clearly was not)which is considered a wetland fill and is also a violation.
The Conservation Department has determined that additional plantings will be required in lieu
of the violation. In discussing the matters with the Conservation Administrator, Julie Parrino,
it has been determined that 4 Red Oaks and 4 Red Maples shall be planted along the sloped
area where the violation had occurred. The plantings shall be at least 4' in height. In addition
to the plantings, wetland markers (available at the Community Development Office at a cost of
$2 each) shall be permanently placed on the existing trees along the 25-foot No-Disturbance
area and/or the limit of existing site conditions.
Specific wetland resource areas affected by the clearing/cutting activities include the following:
• 100-Foot Buffer Zone(NACC Bylaw Section I.C.);
• 25-Foot No Disturbance Zone (NACC Bylaw Section III.D.);
ORDER:
Acting as an Agent of the Commission under MGL C.40, S.21D and the Act(310 CMR 10.08(3)),
enclosed please find an Enforcement Order mandating the restoration and removal of all
unauthorized material, debris (tree cuttings/leaf piles) located within the resource area and
within the 25' No-Disturbance zone. This restoration work shall be conducted in accordance
with the conditions described below.
The property owner shall immediately take the following actions:
BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
2. 25-Foot No Disturbance Buffer Zone Plantings Report
A report shall be provided to the Conservation Department, prepared by a
qualified wetland scientist in narrative form that includes a detailed description
of existing conditions, all unauthorized activities, and the proposed plantings
including the sequence of work and the proposed buffer zone plantings strategy.
The report shall address all impacts to the wetland resource areas protected by
the Act and Bylaw as well as the proposed mitigation measures in detail.
The above required Report must be filed with the Conservation Department no later than
July 25, 2003. Upon review and approval of the plantings report, the Conservation
Department will determine a final completion date for plantings.
The violations as documented herein are subject to a $300 per day penalty, until such time as
the impacted resource areas have been mitigated. Each day or portion thereof during which
this violation continues shall constitute a separate offense. At this time this Department has
elected to waive a fine. However, we reserve the right to take additional action in the future
should this Enforcement Order not be complied with retroactive from the date we were first
made aware of the violations.
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per
day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the
North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and
the imposition of criminal fines, also per day. This Enforcement Order shall become effective
upon receipt.
Please feel free to contact me at any time if you have further questions or concerns in this
regard.
Your anticipated cooperation is appreciated.
Sincerely, j
Alison McKay
Conservation Assoc ate
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover
Wetland Protection ByLaw(REV May 1993/REV October 1998)
Massachusetts Department of Environmental Protection
� DEP File Number:
— Bureau of Resource Protection -Wetlands
WPA Form 9A - Enforcement Order
(�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover 7-08-03
computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the Frank Small
return key. Name of Violator
440 Foster Street, North Andover, MA 01845
Address
1. Location of Violation:
' SAME
Property Owner(if different)
440 Foster Street
Street Address
North Andover 01845
Cityfrown Zip Code
104B Parcel 55
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Tree cutting activities within the buffer zone of a bordering vegetated wetland and within the 25 foot
No-Disturbance zone(North Andover Wetlands Protection Bylaw)without an Order of Conditions.
B. Findings
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
Massachusetts Department of Environmental Protection DEP File Number:
_.— 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):
See attached Enforcement/Violation Letter
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 following action to prevent further violations of the Act:
See Attached Cover Letter
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.
wpaforrn9a.doc•rev.12/15/00 Page 2 of 3
s
\ Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
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:
Alison McKay, Conservation Associate
Name
978-688-9530
Phone Number
8:30 AM to 4:30 PM, Monday-Friday
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:
Signature of delivery person or certified mail number
wpaform9a.doc•rev.12/15/00 Page 3 of 3
Town of North Andover
ha a4•r r, vo Oip
Office of the Conservation Department
Community Development and Services Division
27 Charles Street �SsacKuz��
Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530
Conservation Associate Fax(978)688-9542
Mr. &Ms. Franklin& Stefania Small
440 Foster Street
North Andover, MA 01845
July 25, 2003
RE: 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 Mr. &Ms. Small:
On June 19, 2003 this department observed significant tree cutting activities occurring on your
property and on June 24th the department further observed that these activities had occurred. A large
wood stockpiling area was visible from the road to the left of your driveway. Upon further
investigation, the department's wetland maps indicate that the site is located in the buffer zone of a
protected wetland resource area.
Please be aware that any work or land alteration proposed or conducted within 100 feet of a
Bordering Vegetated Wetland is subject to a Request for Determination of Applicability or a Notice
of Intent filing with the North Andover Conservation Commission(Sections V and VI of the North
Andover Regulations). According to Section H (b) of the North Andover Wetlands Protection
Bylaw, an"alteration" includes, but is not limited to, the destruction of plant life, including mowing,
and the cutting and removal of trees or shrubs. The North Andover Wetlands Bylaw also maintains a
25-foot No-Disturbance Zone and a 50-foot No Build Zone, which must be adhered to.
Please contact me at (978) 688-9530 to set up a site inspection so that I may accurately determine
the wetland resource boundaries and if tree-cutting activities occurred within the 25 foot no-
disturbance area.
Thank you for your anticipated cooperation.
Sincerely,
Alison E. McKay
Conservation Asso ate
Cc: Julie Parrino, Conservation Administrator
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
' 'lR oRelfro'` ,S`4''
27 Charles Street SsaC
Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530
Conservation Associate Fax(978)688-9542
Mr. &Ms. Franklin& Stefania Small
440 Foster Street
North Andover, MA 01845
July 25, 2003
RE: 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 Mr. &Ms. Small:
On June 19, 2003 this department observed significant tree cutting activities occurring on your
property and on June 24th the department further observed that these activities had occurred. A large
wood stockpiling area was visible from the road to the left of your driveway. Upon further
investigation, the department's wetland maps indicate that the site is located in the buffer zone of a
protected wetland resource area.
Please be aware that any work or land alteration proposed or conducted within 100 feet of a
Bordering Vegetated Wetland is subject to a Request for Determination of Applicability or a Notice
of Intent filing with the North Andover Conservation Commission(Sections V and VI of the North
Andover Regulations). According to Section H (b) of the North Andover Wetlands Protection
Bylaw, an"alteration"includes, but is not limited to, the destruction of plant life, including mowing,
and the cutting and removal of trees or shrubs. The North Andover Wetlands Bylaw also maintains a
25-foot No-Disturbance Zone and a 50-foot No Build Zone, which must be adhered to.
Please contact me at (978) 688-9530 to set up a site inspection so that I may accurately determine
the wetland resource boundaries and if tree-cutting activities occurred within the 25 foot no-
disturbance area.
Thank you for your anticipated cooperation.
Sincerely,
kw
Alison E. McKay
Conservation Asso ate
Cc: Julie Parrino, Conservation Administrator
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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•� TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTICE
fY' , f4 (�� �
NAME OF OFFENDER %
ADDRESS OF OFFENDE
r, P Sf
4-
CITY,STATE.ZIP CODE DATE OF BIRTH OF OFFENDER
MV OPERATOR U ENSE NUMBER MV/MS REGISTRATION NUMBER
OFFENSE: i
W,
TIME
L ,
t
I t-.S1 �u r��,r✓
TIME AND DATE OF VIOLATION
(A.M.) (P.M.)ON IV `� L� � 3 19 "?
LOCA ION OF VIOLATION �` L / / L'
AT \7 ! I(I t..(�//7 , L
SIN ATURE OF,.ENi OT J li RSON: ��� L EN RCyJjiG DEPARTMENT-rr -6(
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date Mailed
9Citation mailed to offender G(1—5_ 11.CY6
THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
(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, 120 Main 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
i f
WHITE'OFFENDER'S COPY YELLOW:CONSERVATION COPY
PINK:POLICE COPY GOLD:COURT COPY
r
Town of North Andover a NORT#1
OFFICE OF ��°��' ,4,c
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street :�o
WILLIAM J. SCOTT
North Andover,Massachusetts 01845 9 .•_.•. t
'; ss,r,o
9 ACHUS�
Director
May 14, 1998
Mr. and Mrs. Small
440 Foster Street
North Andover, MA 01845
RE: Violation 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. and Mrs. Small:
On May 13, 1998, this department visually observed an"alteration"that took place across
the street from the above referenced property within the 25' No Disturbance Zone of a
Bordering Vegetated Wetland (BVW). 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). It appears as though yard waste (brush, grass clippings, leaves,
etc.) is being directly deposited in the No Disturbance Zone to the wetland located
directly across the street on the Foster property. This large "fill"pile is being
inappropriately deposited and needs to be removed. Wetlands and their Buffer Zones are
not a desirable location to deposit material.
Any work that is proposed within 100' of a BVW is subject to a RDA or NOI filing with
the NACC (Sections III and IV of the North Andover Regulations). Please be aware that
you are in violation of the Massachusetts Wetland Protection Act, and the North Andover
Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the
proper filings. Please adhere to a deadline of Friday, May 29, 1998 for removal of this
waste. Removal of this waste can not take place with machinery. It must be removed by
hand. Failure to comply with the above mentioned deadline 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 anticipated cooperation.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
XSSiely, I �✓
Richelle Martin
Conservation Associate
Cc: Michael D. Howard, Conservation Administrator
NACC members
DEP-Nero
North Andover Police Department
File
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TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
DATE OF THIS NOTIC ? S
E ' ,� �-
I fl/ !j' i (4
NAME OF OFFENDER f TZ
ADDRESS OF OFFENDEaR
� S,I
CITY, TATE,{ CODE �/� DATE OF BIRTH OF OFFENDER
/ I o 1fJ
MV OPERATOR LICENSE NUMBER MV,MB REGISTRATION NUMBER
OFFENSE:
TIME AND DATE OF VIOLATION � -
(A.M.) (P.M.)ON
LOC 10 OF VIOLAT NAT
SIGNAqE Uf�ENFORCIN P RSON - E RpfJVG DEPARTMENT
I HEREBY/ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
❑ Unable to obtain signature of offender. Date Maileo
Citation mailed to offender
THE FINE FOR THIS NON-CRIMINAL OFFENSE ISL$ oP-'1 ! I
YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO
DISPOSITION OF THIS MATTER.
(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, 120 Main 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 Day 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$ r1
❑ B.I HEREBY RE T a non-criminal hearing On this matter.
Signature
WHITOFFENDER'S COPY YELLOW:CCNSERVATION COPY
PINK:POLICE COPY GOLD:COURT COPY