HomeMy WebLinkAboutMiscellaneous - 50 SAW MILL ROAD 4/30/2018 (3) y
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B ICertificate of Compliance P600
242-16
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Morris, Rossi & Hayes
only the tab key Name
to move your 32 Chestnut Street
cursor-do not Mailing Address
use the return
key. Andover MA 01810
Citylrown State Zip Code
f� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
North Andover Associates
return Name
October 8, 1976 242-16
Dated DEP File Number
3. The project site is located at:
50 Sawmill Road (Lot 54) formerly Winter North Andover
Street City/Town
Map 104A Parcel 86
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
North Andover Associates
Property Owner(if different)
Essex North 1356 505
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
5/8/13
Date
wpafrm8b.doc•rev.12/23/09 WPA Form 813,Certificate of Compliance•Page 1 of 3
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Massachusetts Department of Environmental Protection
Bureau of Resource-Protection -Wetlands DEP File Number:
WPA Form 8B r'6" ificate of Compliance �c6G
242-16
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
❑ Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
® Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
PCOC for 50 Sawmill Road (Lot 54)formerly Winter Street only.
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
C. Authorization
Issued by:
North Andover
Conservation Commission Date of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass..qov/dei)labout/region/findyour.htm).
Signatures:
wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Pr te�tion -Wetlands DEP File Number:
WPA Form 8B —` Ce tificate of Compliance 24242-16-16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:---------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
50 Sawmill Road (Lot 54)formerly Winter Street 242-16
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.12/23/09 WPA Form 813,Certificate of Compliance•Page 3 of 3
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310 CMR 10.99 _..
Form 8 DEQE File No _242-262______-]
(To be provided by DEQE)
Commonwealth Cily'Town NORTH ANDOVER, MA
ETAL REALTY TRUST
of Massachusetts
Applicant
- Lots 37 & 38 Saw Mill Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 J40
AND UNDER -THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SE�IION 3.5
- From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
Michael Marino 731 Winter Street, North Andover, MA 01845
To
(Name) (Address)
Date of Issuance October 4, 1989
This Certificate is issued for work regulated by an Order of Conditions issued to ETAL REALTY TRUST
dated April 4, 1985 and issued by the NACC
1. It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. C It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
3. C It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Oder of Conditions.
.............................................................................................................................................. .......... ............................
(Leave Space Blank)
8-1
Town of North Andover OAORTH
.o
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street ► o
North Andover,Massachusetts 01845 �gssgcHus���y
WILLIAM J. SCOTT
Director
(978)688-9531 Fax(978)688-9542
December 4, 1998
Mr. and Mrs. Brooks
50 Saw Mill Road
North Andover, MA 01845
VIA CERTIFIED MAIL
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. Brooks:
On November 30, 1998, staff from this department visually observed an "alteration"
that took place on the lot across the street from the above referenced_property.7T he
term "alteration" includes, but is not limited to, the placement of fill, excavation, or
regrading (Section H. (b) of the North Andover Wetland Regulations). The subject
violation consists of yard waste (leaves, brush, etc.) that is being directly deposited in a
Bordering Vegetated Wetland (BVW). This "fill" 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 Request for
Determination of Applicability (RDA) or Notice of Intent(NOD filing with the North
Andover Conservation Commission (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
Monday December 21,1998 for removal of this waste. Failure to comply with the
above mentioned deadline will require your attendance at a public meeting before the
NACC. Dumping is a violation that is potentially subject to a$300/day fine (Section
178.10(A) of the Town of North Andover's Wetlands Protection Bylaw).
Please refer to the attached Enforcement Order. Should you have any comments,
questions, or concerns, feel free to contact me at(978)688-9530.
Thanking you in advance for your anticipated cooperation.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Sinc
Richelle Martin
Conservation Associate
Cc: NACC members
Dep-Nero
Michael D. Howard, Conservation Administrator
NAPD
File
Ala5sactluwas AXIWCTMUC of CAYIft nfin Ral eram- as UEP File Number
t Bureau of Resource Protection—Wetlands -----�
WPA•Form. 9A. Enforcement Order for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland-
Protection
etlandProtection Bylaw.
Violation Information
This,Enforcement Order is issued by: Extent and type of activity:
Consff mn Commmon pswing Autt") +b
To:
r, and m t-s , 8P, DO Ks
Name of Viol"
Location of Violation:
�0 Sacu ��'lill �a�
to d )ayS
Ciry/Town
/ v
Assesmrs MaplPlatt PwcelAot f
Date of I ance: �J Q
Dxe
Findings
The Issuing Authority has determined that the activity ❑ Other(specify):
described above is in violation of the Wetlands Protection Act
(M.G.L.t~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 tumbe-(s)
_.r.u.�..+.a.........:.a..�.cra�u.w�.a..r u�sn uuu.c�•.�.. .vacz.ua.0
Bureau of ResourwFrotecdon—Wetlands
WPA.Form-9A Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Order
The lisuing Authority hereby orders the following(check all The property owner shall take the following action to
that apply): prevent further violations of the Act:
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.
l�
l Wetland alterations resulting from said activity shall 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 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 Sign
Protection,but may be filed in Superior Court.
Questions regarding this Enforcement Order should be
directed to:
Name
Iq� Ivy - SSD
Phone Number f1�
Nours/DayS Available
Issued by
Conservation Commission
In a situation requiring immediate action,an Enforcement
Order may be signed by a single member or agent of the Signature ofde'ivayperson orcemfied mail number
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
i
CONSERVATION DEPARTMENT
Community Development Division
August 12, 2014
Heather & Mark Larosa
50 Saw Mill Road
North Andover, MA 01845
RE: Selective cutting of three (3) trees within the buffer zone of a wetland resource area.
This is a follow up letter pertaining to your request to remove three (3) white pine (Pinus strobus)
trees which are damaged and/or dying and are in close proximity to your home at 50 Saw Mill
Road. A fourth tree which is a Maple (Acer sp.) is more than 100' from the wetland. A fifth tree
which is a double stem (single stump) white pine was requested to be removed, this tree is
within the 100' Buffer Zone and no signs of disease or damage were observed, as such this fifth
tree is not permitted to be removed. The trees were identified by Ms. Larosa during a site visit
by the Conservation Department on July 27, 2014. It was determined that one of the trees are
located at or within the 25' No-Disturbance Zone pursuant to the North Andover Wetlands
Protection Bylaw (C. 178 of the Code of North Andover). Removal of vegetation, including
pruning and cutting, is prohibited within the No-Disturbance Zone except in rare circumstances,
such as safety. The other two trees are outside of the 25' No-Disturb Zone. All three trees are
damaged and/or dying and are in close proximity to the house and driveway posing a safety
hazard. The trees which are permitted to be removed are identified in the attached photos.
*Determination of property ownership is the responsibility of the homeowner.
Due to the potential danger imposed by the trees, the Conservation Department will permit
their removal to prevent possible injury or property damage. These cutting activities shall be
limited to the four trees identified and shown in the attached photographs (only three are within
jurisdiction). As discussed with Ms. Larosa during the site visit dead tree limbs which lean over
the driveway/yard area may be limbed/gently pruned as well. The trees must be pruned in a
way that preserves the health of the trees.
The approved cutting we ill bsubject to the following conditions:
l
❖ No machinery shall enter the 25' No Disturbance Zone.
❖ No work shall occur in resource areas.
❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of
properly.
1600 Osgood Street,North Andover,Massachusetts 01 845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorfhandover.com
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❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground
down or cut flush with the landscape.
❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved
trees.
❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized.
❖ The applicant shall notify this department immediately following completion of work for a
final site inspection.
❖ Areas within 100-feet of wetland resource areas shall remain in a natural state and no further
vegetation shall be removed without the prior approval of the Conservation
Department/Commission.
❖ This permit shall expire six months from the date of issue.
Please do not hesitate to contact me should you have any further questions or concerns in this
regard.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
Heidi Gaffney
Conservation Field Inspector
Cc: Jennifer Hughes, Conservation Administrator
Please see the attached photos.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
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