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Home My WebLink AboutMiscellaneous - 45 GRAY STREET 4/30/2018 (3) t� a y (b m NORTH �• Qs,fit LEO 06 i 7 3? �� 6 0 Z. o to � eyb coc.ic cwncw ��SSACHU5��9 CONSERVATION DEPARTMENT Community Development Division May 11, 2011 David Feng Laura Antonucci 45 Gray 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 45 Gray Street Dear Mr. Feng&Ms. Antonucci, A letter dated April 11, 2011 (which is attached for your reference) was mailed to your address regarding unauthorized tree cutting activities and subsequent stockpiling of the logs and brush which occurred within Bordering Vegetated Wetland (BVW), the Bank of an Intermittent Stream and the associated 100-foot Buffer Zones, which are jurisdictional to the NACC under the Massachusetts Wetland Protection Act and the North Andover Wetland Protection Bylaw. A deadline of May 6, 2011 to prepare and submit a restoration planting plan was given in that letter. However the Conservation Department is not certain that you received the letter as we do not have a copy of the letter in our building file. Therefore this letter requires that you adhere to a new deadline of May 27th, 2011 to submit a restoration planting plan. Please refer to the attached letter dated April 11, 2011 for additional information. Failure to submit the planting plan by the deadline may result in the issuance of an Enforcement Order and fines. The North Andover Conservation Commission (NACC) has the authority to undertake enforcement action including the levying of fines. The NACC looks forward to your immediate cooperation in this matter. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH/J ANDOVER CONSERVATION DEPARTMENT 0�1 Heidi Gaffney Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com ttORTy q •.. O S%.tD /6 ti 0� '6 0 1- p � M1 ?, � e� SAr D SACHU5s; CONSERVATION DEPARTMENT April 11, 2011 Community Development Division David Feng Laura Antonucci 45 Gray 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 45 Gray Street Dear Mr. Feng&Ms. Antonucci, Tree cutting activities and subsequent stockpiling of the logs and brush were observed by a member of the North Andover Conservation Commission (NACC) and was subsequently investigated by me at the above referenced location on Gray Street. These activities occurred within Bordering Vegetated Wetland (BVW), the Bank of an Intermittent Stream and the associated 100-foot Buffer Zones, which are jurisdictional to the NACC under the Massachusetts Wetland Protection Act and the North Andover Wetland Protection Bylaw. According to C. 178.2 of the North Andover Wetland Protection 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(see also Wetland Protection Act Regulations 310 CMR 10.55). Work within 100-feet of a wetland resource area requires a filing with the North Andover Conservation Commission (NACC) under both the Massachusetts Wetland Protection Act and the North Andover Wetland Protection Bylaw (more information is available at the Town of North Andover website under the Conservation Department link). The tree cutting occurred within resource areas and the 25'-No Disturbance Zone as established by the North Andover Wetland Protection Bylaw. Upon talking with Ms. Antonucci at the site it is my understanding that all work has been completed. However,please be aware that you must cease and desist all activities in jurisdictional resource areas. The NACC requires that you prepare a restoration planting plan to be submitted to the North Andover Conservation Department by May 6u', 2011 for approval and that you remove the stockpiled logs and brush debris which shall be disposed of at the North Andover brush dump on Sharpener's Pond Road or stored in an area outside of NACC jurisdiction (more than 100' from the resource area). Failure to submit the planting plan by the deadline may result in the issuance of an Enforcement Order and fines. The North Andover Conservation Commission (NACC) has the authority to undertake enforcement action including the levying of fines. The NACC does not feel such action is necessary at this time and 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com looks forward to your immediate cooperation in this matter. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION DEPARTMENT Heidi Gaffney Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator it r, ,1 1600 Osgood Street,l Orth Andover,Massachusetts 01845 P dne 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com