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Miscellaneous - 55 SOUTH BRADFORD STREET 4/30/2018 (2)
55 SO BRADFORD STREET Ord Street ' 1 210/103.0-0127-0000.0 � t I � f i I ccs _ s Insurance Adjustment Service, Inc. 139 Billerica Road, Unit Al Chelmsford, MA 01824 (978) 256-3334 Fax (978) 256-3354 UNDER MASSACHUSETTS GENERAL LAWS CHAPTER 139, SECTION 3B Date: January 29, 2010 TO: Board of Health/Building Inspector City Hall North Andover, MA. 01845 RE: Insured: Sudarshan& Kaplana Chatterjee Property Address: 55 South Bradford St No. Andover MA PFEU a -- Date Date of Loss: 1/19/2010 F E8 - 2 2010 Policy Number: 7494524 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Type of Loss: water damage File or Claim Number: 59611 Claim has been made involving loss, damage or destruction of the above captioned property,which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6,to be applicable. If any notice under Mass. Gen. Laws, Ch. 139, Sec. 38 is appropriate,please direct it to the attention of the writer and include a reference to the captioned insured, locations, policy number, date of loss and claim or file number. Thank you for your cooperation. Very Truly yours, Sea en .Adjuster Ext. i 24 TUat ,Plan is based ur,on Publio Recotd© and I oxiatinbr pl]yeival evidence ort the (;round. • AUAliI:,�i :�.�12i1.� �''11'L�l'rOL'L�•��::� �rc_rk� �,1t(�O�)~',...' APYT�ICJ►N1'•�')�` �"aat! �C'�_(c�A'�'Y'�'.��C`rr SOU1lOJ r a7ti:F*IA Q�✓: d_4t�Jf.it=-�' !' _ - ... dD t 1, �O X .. , I 0ERTI1"X that-•tYiu -5-V rt1 ringw trc,reor, LILL : BIC. y �_l� t'U• :_�-�►— �.t 14 pr6riun-EZonrng ' ,,;U� t i® w�c Dz ��:,�' 2�!�.>�� zz.nrt :..�1.i.�`t��--•- 1 Aiid Further, that tht, Q. �Ai (Era) ,:tot loo ated WKE i. a Iriatad iltlood Hazard Zono. owmunity Panel No., soS,s-)6 Gone ,RoDD11'f G, QU4DEl 1, 1�.L.3. S GILLLTT� - ''� GUGDWIN .. J?'j7; 'rr 5� Otilat�'u1 �I;x'ec� •, -1 IU1doYo1', 488 )'1 1: r�V --+••��..,,,,,,., !STEW, • i � FORM - U - LOT RELEASE FORM i INSTRUCTIONS: This form is used to verify that all-necessary approval/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and or landowner from compliance with any applicable requirements. 1..........................................■................................. APPLICANT (D( k l r�4�T� I S PHONE qY - 1 ASSESSORS MAP NUMBER LOT NUMBER SUBDIVISION LOT NUMBER STREET �0�0000...... 0000.... 0000 .....STREET NUMBER...`0.WW 0.0 0.0. OFFICIAL USE ONLY RECOM 4ENDATIONS OF TOWN AGENTS DATE APPROVED CONSERVATION ADMINISTRATOR DATE REJECTED COMMENTS DATE APPROVED TOWN PLANNER DATE REJECTED COMMENTS DATE APPROVED FOOD INSPE�CTOR_-HEALTH DATE REJECTED DATE APPROVED J Sl CTOR-HEALTH DATE REJECTED � -, COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMIT DATE APPROVED FIRE DEPARTMENT DATE REJECTED COMMENTS RECEIVED BY BUILDING INSPECTOR DATE i 1 649 APPLICATION FOR SEWER SERVICE CONNECTION 2.�p1 North Andover, Mass. Application by the undersigned is hereby made to connect with the town sewer main inC� �, r Stfeet subject to the rules and regulations of the Division of Public Works. The premises are known as No. � �BLt dtGt �O�C� Street or subdivision lot no. Owner Addr .7—9 j43 r ' rLae e ye� Contractor A ess t ican i ture f:. V AJ'56 eY,,"4' T 1 D I 4 1 ^ PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grarits permission to to make a connection with the sewer main at Street subject to the rules and regulations of the Division of Public Works.. Division of Public Works By Inspected by Date See back for rules and regulations Departmental Referral Form for Special Permits I To: Director, Engineering, Jim Rand Fire Chief Conservation Administrator, Brian LaGrasse Open Space Committee (Sub-Committee of Con Com) Building Commissioner, Bob Nicetta V Health Administrator, Sandra Starr School Committee Police Department From: Planning Department Date: Re: Special Permit Site Plan Review Address/Development A Public Hearing has been scheduled for to discuss the plans checked above. (Preliminary pl s do not require public hearings.) Please provide your written comments to the Planning Department by pZ 9 moo/ (Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting). Failure to provide written comments by this date will constitute your approval of this plan. Thank You. ' ORY TOWN OF NORTH RH pNDOVER N H HEALTH DEPARTMENT 27 CHARLES STREET �^ NORTH ANDOVER,MASSACHUSETTS 01845 SSACHitS'E Sandra Starr Telephone(978)688-9540 Public Health Director FAX(978)688-9542 MEMORANDUM To: Heidi Griffin, Town Planner From: Sandra Starr, Public Health Djoto Re: 55 South Bradford Street Special Permit Date: June 12, 2001 I have reviewed the plan for the proposed in-ground pool and concrete sport court at 55 South Bradford Street. The Health Department has no objections to the project per se;however, before any permits are issued or construction begins, the property must be tied into the municipal sewer and the existing septic system abandoned. Specifically, since the property is in the Lake Cochiewick Watershed: • the septic tank must be pumped and removed from the property; • the pipes of the leaching facility must be found and removed from the property; and the contaminated soil in the leach area must be removed and disposed of at an appropriate site. �o SYSr2�-( � oLD 72�) SQF� 44-W o✓� ��dl�s�o�s � c���D �w 'i R.#A- I 11 �1 �lil IIl��iinn1111n1111111111111 !11!�i�i1111n1I�11®1111111111111 III l��111111111®111111111111111 � sY , 11� _ 111�1111111►�IIIIIIIIIIIIIiI I1i��i11111111111�n11111111111111 111��11111I11111111111I11111ME 1111.,n./1I1111n111I111111111I kI►�IIIIIIIIIIo/1®111/IIIIIIII111 11111��I11/i.1III®1111111111111 � 1I�n1IIIe111I1��1!IIIIIIIIIIIIII ME111In111111i1®11111111111111 p,1 !! ��111®11111111111111 1�����•e�1.11®11111II1II11I11 :a IIAn1111l1�1111�1�1111111111111 . � I1�I1111�1�!��Ii�nitl111111111I1I � 11A1111 I1 � 111111 � II�I1111��i 11►11111111II11111i 11!I111oii111111111`1®I111111111I1 �� - 11111>E11�11®Ii'I1�'�111i1111111111111 1111111 MEN 111 11111111i��i1i1®�I1111111111i11 � � � IIi 1111b 111_131I111111111111i111 r 111111111HIIi11111111111111111i11 r'w r IIIIIIIMIIIIe�11111e111111I111 111111111 i 1111111Ie11111eI1iMEN 1 1ling 111111111®11111111111111Ie HIM 11111111111�1111111111111111 1.1111 11111111111'1111111111111111 1111111111®1111' i11 1 1111111,11111 11 IIIIIe®11111111111111 1111Ie11111111�111111111111�1 111. 111111111®11111111111L.E_ IIII11111I111Jim III11 11111 IIIA .:,11111111111®11111111111111 s 11,1IIIIIIIIIIII�I1111111III 111(1 11Wsei1111111111®111111e11111111 X1111111111111 1111111WINE V �V , .� 1 11111111 11111 I,1►�1®1111IN IN;"11PI s 111111111111111111111111l��111 j - 1 II111�ir1111111�111®11111111101111 � .- - Fo_VNIN74-W- 11,W11 -14 ' a1�111®i1®111111111111 - _ , " • - �Yi 1e1111 - - ulee s Town of North Andover14ORTN a Of ,`10 >141 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES p i X . 27 Charles Street « North Andover, Massachusetts 01845 �9SsgcHuS���� WILLIAM J. SCOTT Director (978)688-9531 Fax (978)688-9542 March 24, 2000 Mr. &Mrs. Guy Bardascino 55 South Bradford Street No. Andover, MA 01845 Re: Sewer Tie-in Dear Mr. & Mrs. Bardascino: The Health Department has been supplied with a list of-all residences, currently on septic, which have access to the municipal sewer system. As previously published at a Public Hearing on March 17, 1994, the Board of Health has adopted regulations concerning the required sewer tie-in. The following timetable concerning your property status was adopted: 4.1 All establishments that currently do not have municipal sewer available to them must connect to the sewer as soon as it becomes available, with a maximum time limit of six months. The purpose of these regulations is to safeguard North Andover's drinking water, surface waters, groundwater and surrounding environment. Sanitary sewer is believed to be the most effective form of wastewater treatment. A copy of the entire regulation can be obtained at our office. Your property is in violation of this Board of Health regulation. Please contact the Health Department regarding this matter immediately. If we do not hear from you by May 10, 2000 your name will be placed on the regularly scheduled Board of Health meeting agenda and placed on public notice. The meeting will be held on May 25, 2000 for discussion of legal action including court hearings. i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 JL Sewer Tie-In 55 South Bradford Street Page 2 Any questions concerning this regulation should be directed to the Board of Health at (978) 688-9540. Additional inquiries regarding the physical tie-in and permitting process should be directed to the Department of Public Works at (978) 685-0950. Please be advised this Board intends to persevere in this regulation. Yours truly, Gam Osgood, C irnian 44 Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member SF/smc MAP # /Z 7 3 • ,' 1 LOT #�___._____� PARCEL' # 3 STREET .% .I ,, . •� �RNSYLRU�T�QN...A�ROV�1.�, HAS PLAN REVIEW FEE BEEN PAID? ES . NO PLAN APPROVAL: DATE G 11/1 _90 APP. BY- DESIGNER: tea. ,&.smmx faz PLAN DATE, CONDITIONS f i , WATER SUPPLY: OWN WELL WELL BERMIT� DRILLER,���_ ._____.___.___.__,__._._.._...._.__.._..___.._ WELL TESTS: CHEMICAL DATE APPROVED-.____ BACTERIA I DATE APPROVED....___......_._.........----_.... BACTERIA II DATE APPROVED.___ COMMENTS: • FORM U APPROVAL: PPROVAL TO ISSUE YES NO , I DATE ISSUED BY CONDITIONS: FINAL APPROVAL: ALL PERMITS PAID YES NO WELL CONSTRUCTION APPROVAL NO SEPTIC SYSTEM CONSTRUCTION APPROVAL YES NO OTHER YES NO ANY VARIANCE NEEDED YES NO FINAL BOARD OF HEALTH APPROVAL: DATE:_� By _ ,._._.._._ __•__ s _._ . __._Y_ _T _L.N5.T_ _ _. .34. ..._._L.�.. __.. SEPTIC S S LA ON IS THE INSTALLER LICENSED? YES NO ti. f !'t.'� ii•' ! `< `� A`r't?i1 " TYPE OF CONSTRUCTION: NE REPAIR (A Tu N ;' t'• �fr' ,ti `, NEW CONSTRUCTION: CERTIFIED PLOT FLAN REVIEW YLS 1\40 CONDITIONS OF APPROVAL YES NO (FROM FORM U) !V, t•; `, , .': ISSUANCE OF DWC PERMIT YES NO DWC PERMIT NO. I� " INST ALLER:_. BEGIN INSPECTION LYES ' ' EXCAVATION . INSPECTION: NEEDED k �'�,.fly,!'f,+aa�k wi •; •t --------- !' ''PASSED 1 HY ---- --------- --- A�� + h, 1p CONSTRUCTION INSPECTION s NEEDED: ............ AS BUILT PLAN SATISFACTORY: YES: , � __H Y ,,.,..•.�, . , , ate, � APPROVAL- TO BACKFILL: DATE: --- FINAL . GRADING APPROVAL: DATE BY FINAL CONSTR TION APPROVAL: DATE:_ _ ___HY 11 i _oo Go oe G J-i • •� wow OL � roE- ii ' � u.i� i V 40 1 _ NMej ql D �`i Ogg ire .f�� � d��� ool� i lir .., \ � \\, \ 1 \ �� •/L� 0y � �� I f� l i Pay h4y I 1746 APPLICATION FOR SEWER SERVICE CONNECTION North Andover, Mass. r fi9�. Application b the undersigned is hereby made to connect with the town sewer main in pC9 ' ? '1 �r PP Y g Y Street, subject to the rules and regulations of the Division of Public Works. &c� The premises are known as No. � Street or subdivision lot no. Owner i Address ,/ / 7z- C'VC.� o�� li( 42 k � 14avtl-7 cr�l 02-71 . T Contractor Address r . plicans Signature V COA ,5�-k A 77 14,15-4zrA PERMIT TO CONNECT WITH SEWER MAIN The Division of Public Works hereby grants permission to to make a connection with the sewer main at Street subject to the rules and regulations of the Division of Public Works.. Division of Public Works By Inspected by Date See back for rules and regulations NORTFI 0.4 "10 "-� BOARD OF HEALTH 120 MAIN STREET AD AGHUSNORTH ANDOVER, MASS. 01845 T Ext. 32 or 83 August 28, 1990 Christensen and Sergi 16.0 Summer St. Haverhill, Mass. Dear Phil : Please be advised that the revised {clans for Lot B South Bradford Street, dated 8/15/50, have been approved by this department subject to the North Andover Conservation Commission' s agreeing with your wet and d lineation as shown on these plans. Sincerely ichael J. Rosati Health Agent ' MJR/pd Town n 0f NorthAndover t%ORTH Office of the Planning Department °0 Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ��s qTnn �ScS SACHUS Heidi Griffin Telephone (978)688-9.535 Planning Director Fax(9;8)688-954`2 C=3 ;a' Ci U--i " Notice Of Decision , t Any appeal shall be filed s' c�r,-,": Within (20) days after the -0 C)�R? Date of filing this Notice i In the Office of the Town Clerk N Date: August 9, 2001 Date of Hearing: July 10, 2001, July 24, 2001 &August 7, 2001 Petition of: Sudarshan&Kalpana Chatterjee 55 South Bradford St No Andover MA Premises Affected: 55 South Bradford Street,North Andover, MA 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of a 35' x 70' sport court and a 20' x 40' inground swimming pool within the Non-Discharge Zone of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District, based upon the following conditions: Signed4erto n Si ons, ChairmanCc: Applicant Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rowen DPW Building Department Conservation Department Health Department ZBA BoA®� �e14 LI i 1 alt�J��► ID'Or ASG � � 2001 BOARD OF APPEALS 688-9541 BUILDING 688 9545 CONSERVATION 688-9530 HEALTH 658-9540 PLANNING 688-9535 r 55 South Bradford Street Special Permit - Watershed Protection District The Planning Board makes the following findings regarding the application of Sudarshan and Kalpana Chatterjee, 55 South Bradford Street, North Andover, MA, 01845, submitted on June 8, 2001, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the construction of a 35' x 70' sport court and a 20' x 40' inground swimming pool within the Non-Discharge Zone of the Watershed Protection District. FINDINGS OF FACT: In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The existing dwelling is NOT connected to the Town sewer system; however, as part of this proposal the connection will need to be completed prior to the issuance of any building permits. b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site. I c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the proposed sport court and must not extend beyond property line. e) Certification has been provided by a registered professional engineer that the installation of the sport court and the pool will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The construction of the sport court and the pool has been reviewed by the town's outside engineering consultant, VBB, and with the application of the erosion control, and connection of the dwelling to the municipal sewer, there will be no degradation to the quality of quanity of water in or entering Lake Cochichewick. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any discharge, structure or activity, associated with the proposed project as almost the entire lot is located within the Non-Discharge Zone. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following findings: z a) The specific site is an appropriate location for thero osed use as a P p 11 feasible storm water and erosion controls have beenlaced on the r site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities areprovided for the proper operation of the proposed use; j e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following i information is included asp art of this decision: I j { r a) Plan titled: Plan of Land in North Andover,MA 55 South Bradford Street North Andover,MA Prepared by: Bradford Engineering Company 3 Washington Square Haverhill, MA 01830 Scale: 1" = 60' Date: May 18, 2001,revised 7/8/01,7/18/01, 7/25/01 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to FORM U verification: i a) A performance guarantee of two thousand ($2000) dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) The use, or method of application � of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply are prohibited. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Town Planner and included in the file. • 1 d) No back washing of the pool that would use any of the prohibited chemicals sited in Section 4.136biii of the North Andover Zoning Bylaw shall be allowed. The Town Planner must approve the final design for the pool prior to a building permit being issued. The applicant shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to the Planning Board and included in the files, e) The septic system must be abandoned and connection of the dwelling to the municipal sewer must occur. f) The pipes of the leaching facility must be found and removed from the property. g) The contaminated soil in the leach area must be removed and disposed of prior to a building permit being issued. 3) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition# 1. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. w 8) This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial construction has commenced. use or cc. Applicant Engineer File i� sla� ww �. I f l U.S. Postal Service ��;. � ; CERTIFIED MAIL' RECEIPT (Domestic"Mail Only IVo Insurance Coverage Provided) — r N' l.�I�MA City,State,ZIP+4 PS Form:3800.January,2001 ,.� _. !,.. ,;SeeAe�erse for Instructions'.. Certified Mail Provides: C A mailing receipt o A unique identifier for your mailpiece j D A signature upon delivery 13 A record of delivery kept by the Postal Service for two years Important Remi 4 .� o Certified M ' ay ONLY bs"� bined with First-Class Mail or Priority Mail. ... a Certified Mall is not availab sl {or ny class of international mail. a NO INSURANCE COVERAGEI PROVIDED with Certified Mail. For valuableb,please cogsider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to thea rtiGfle and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". 13 If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,January 2001 (Reverse) 102595-02-M-0452 SE41,DER: C0114PLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete a i nature item 4 if Restricted Delivery is desired. ❑Agent ■ Pept your name and address on the reverse ddressee so that we can return the card to you. B. ived by(Printed ame) C. Date f Delivery ■ Attach this card to the back of the mailpiece, C or on the front if space permits. J 1. Article Addressed to: D. Is delivery address different from item 1? 10 Yes m If-YES, ter delivery address below: �No 0404 . 3. a ice Type , ertified Mail 13 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Article Number ( 7002 0510 0000 0893 9790_ transfer from service lay__, PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-C,(ass Mail - Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• Town of North Andover Conservation Commission 1600 Osgood Street, Building 20 Suite 2-36 North Andover, MA. 01845 NORTH ANDOVER CONSERVATION COMMISSION SITE INSPECTION SHEET DEP File 42- Date: q'som Z©OC- Does not have permit with the NACC Weather: Site Address• ] Inspector: �,rI Agent/Representative/Owner: Findings: vim( F tAORTil O oO coc.�newc�vrta 1• �RAORArea pPay.�h 9SSACHUS�� CONSERVATION DEPARTMENT (ommunity Development Division May 17,2006 Mr. &Mrs. Sudarshan Chatterjee 55 South Bradford Street North Andover,MA -01845 - VIA CERTIFIED MAIL#70020510000008939790 RE: ENFORCEMENT ORDER-55 South Bradford Street,North Andover,MA(Site) Dear Mr. &Mrs. Sudarshan Chatterjee, This letter and attached Enforcement Order are being issued to you as the property owner, who is ultimately responsible for the actions and / or work performed at the above referenced property.As the property owner,you must ensure that all of the requirements outlined in these documents are adhered to. Failure to comply with the requirements outlined in this letter will result in further enforcement action. If you have any questions about the contents of this Enforcement Order,please contact the Conservation Department for further guidance. It is our understanding that you recently released a driveway and utility easement from your neighbor'property at 69 South Bradford Street.As such,you were required to relocated portions of your driveway onto your property.As you know,personal from the North Andover Conservation Department and the Planning Department conducted several inspections at the above-referenced property to determine if the 40'x 12'area (where portions of the stone pavers were previously install) could be paved. During our inspections,the adjacent Bordering Vegetated Wetlands (BVVi)were located approximately 55'from the limit of proposed driveway.Additionally,you will be transplanting three (3)Blue Spruce trees along the existing tree line adjacent to your new driveway.This area is currently maintained lawn. This letter and accompanying Enforcement Order are being issued to you as a mechanism to perform the above-mentioned work within the Buffer Zone to a jurisdictional wetland resource area.The NACC is hereby imposing the following action items under this Enforcement Order: Prior to the commencement of work,your contractor and the Conservation Department shall meet on site to determine the suitable location for the temporary erosion control. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com e• Prior to the commencement of any work, silt fence (trenched 4—6"in the ground and backfilled) shall be installed along the existing tree line to prevent any soils from migrating towards the adjacent wetland resource area.The Conservation Department shall be contacted the installation of the erosion control to ensure it was installed properly and an appropriate location. A" AU disturbed areas shall be permanently stabilized with grass vegetation to prevent erosion ''f� ,runoff. i •: Upon completion of the paving and landscaping activities,you shall immediately contact the Conservation Department for a final inspection. This Enforcement Order shall Mire on Friday,Tune 9,2006.This deadline date will not be extended. If the activities are not met by the imposed deadline,or if the Commission is not satisfied with any portion of the work that has been done,the NACC reserves the right to modify this Enforcement Order,which may result in future enforcement action,including a fine of not more than$300.00. Each day or portion thereof during which a violation continues,or unauthorized fill or other alteration remains in place, shall constitute a separate offense,and each provision of the bylaw, regulations,permits,or administrative orders violated shall constitute a separate offence'. However, a fine will not be levied at this time. Should you have any questions / comments regarding the contents of this letter and attached Enforcement Order,please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Pamela A. errill Conservation Associate Attachment Cc: Alison McKay,Conservation Administrator Lincoln Daley,Town Planner Curt Bellavance,AICP,Community Development Director Department of Environmental Protection,NERO,Wetlands Division North Andover Wetlands Protection Bylaw,Section 178.10,Enforcement,Investigations&Violations. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com ly I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover May 17, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. &Mrs. Sudarshan Chatterjee return key. Name of Violator 55 South Bradford Street, North Andover, MA 01845 °6 Address 1. Location of Violation: - - Property Owner(if different) 55 South Bradford Street _ Street Address North Andover 01845 Cityrrown Zip Code Map 103 Lot 127 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): This Enforcement Order is being issued as a mechanism to perform work, for paving portions of a driveway and transplanting three(3)trees within the Buffer Zone to Bordering Vegetated Wetlands and within the Lake Cochichewick Watershed District. Please see the attached letter prepared by the Conservation Department dated May 17, 2006 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc•rev.7/14/04 Page 1 of 4 5 J 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval(i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition numbers) ❑ The Order of Conditions expired on(date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other(specify): 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 any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpafonn9a.doc-rev.7/14104 Page 2 of 4 I LIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls)to prevent further violations of the Act: 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. 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: Pamela Merrill, Conservation Associate or Alison McKay Conservation Administrator Name 978.688.9530 Phone Number Monday-Friday, 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission _ Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) 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 sting of the Commission. Signa A�U-' �IA- ! 4/A 1 "4-- 0,r-�) Signature of delivery person or certified mail number wpaform9a.doc•rev.7/14/04 Page 4 of 4 .y C +,3• PLANNING DEPARTehIENT foEninunity Developmont Division May 22, 2006 Mr. &Mrs. Sudarshan Chatterjee 55 South Bradford Street North Andover, MA 01845 RE: 55 South Bradford Street-Watershed Special Permit To Pave A 40' x 12' Driveway. Dear Mr. &Mrs. Sudarshan Chatterjee, This letter is being sent regarding the proposal to pave a portion of your driveway entrance. The affected area will consist of creating a 12' wide paved driveway extending 40' from South Bradford Street. It is my understanding that you released a driveway and utility easement from an abutting property located at 69 Bradford Street. As a result,you relocated a portion of your driveway onto your property fronting Bradford Street. The location of the impervious area is located approximately 55' from an adjacent Bordering Vegetated Wetland(BVW)within the Watershed Protection District. As detailed in the Enforcement Order letter dated May 17,2006 from Pam Merrill, Conservation Department, we conducted several site inspections to determine the extent of the proposal and its and impact on the adjacent wetlands. The project as described will not expand the existing footprint of a structure, will not disturb the existing topography,and will have a negligible impact on the adjacent BVW. Further,the Conservation Department an Enforcement Order issued by the Conservation Department placed several conditions to further prevent erosion during construction and treat stormwater runoff. (See attached May 17, 2006 Enforcement Order) In accordance with Section 4.136(8) of the Town Bylaw, I am administratively approving your request to pave 40' x 12' of the driveway entrance. The Planning Department grants this Waiver with the following conditions: 1) The construction of the driveway within the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake;maintain the ground water table; and maintain the filtration and purification functions of the land. 2) The Planning Department shall be notified with regards to the installation of the erosion control measures to ensure that it was properly located and installed. 3) The applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction. 4) The applicant will agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. 5) Upon completion of the said project,the Town Planner will be notified to perform a final inspection of site. ' ,+10 0_gowi .Ih'!J,"101?!1 i!t!.N'tiol 'Affs its 011,15 !'!Ione 973.533.9536 Fox 973.633.9542 1,400 °xr,a�u.tn,Nmtfn7tiV��3nriw�;r.t,���t 6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. Sincerely, Lincoln Daley Town Planner CC: Planning Board Conservation Department Ir,�iG�)s�1ooc1 .�lraet;N�;r�h alt;ftrA[jss;-;(Mjits 01,315 978.438.9595 r 8 � �Y�.f� rtNu.t�rr��,�,nar�Lnnd;w�r.r„m ,a • gdoRTH I Q���.tLEO J6�a0 0 Q .,Vs CONSERVATION DEPARTMENT (ommunity Development Division Mali 17,2006 Mr. &Mrs. Sudarshan Chatterjee 55 South Bradford Street North Andover,MA 01845 VIA CERTIFIED MAIL#70020510000008939790 RE: ENFORCEMENT ORDER-55 South Bradford Street,North Andover,MA(Site) Dear Mr. &Mrs. Sudarshan Chatterjee, This letter and attached Enforcement Order are being issued to you as the property owner, who is ultimately responsible for the actions and / or work performed at the above referenced property.As the property owner,you must ensure that all of the requirements outlined in these documents are adhered to. Failure to comply with the requirements outlined in this letter will result in further enforcement action. If you have any questions about the contents of this Enforcement Order,please contact the Conservation Department for further guidance. It is our understanding that you recently released a driveway and utility easement from your neighbor'property at 69 South Bradford Street.As such,you were required to relocated portions of your driveway onto your property.As you know,personal from the North Andover Conservation Department and the Planning Department conducted several inspections at the above-referenced property to determine if the 40'x 12'area (where portions of the stone pavers were previously install) could be paved. During our inspections,the adjacent Bordering Vegetated Wetlands (BVW) were located approximately 55' from the limit of proposed driveway.Additionally,you will be transplanting three (3) Blue Spruce trees along the existing tree line adjacent to your new driveway.This area is currently maintained lawn. This letter and accompanying Enforcement Order are being issued to you as a mechanism to perform the above-mentioned work within the Buffer Zone to a jurisdictional wetland resource area. The NACC is hereby imposing the following action items under this Enforcement Order: Prior to the commencement of work,your contractor and the Conservation Department shall meet on site to determine the suitable location for the temporary erosion control. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Prior to the commencement of any work, silt fence (trenched 4—6" in the ground and backfilled) shall be installed along the existing tree line to prevent any soils from migrating towards the adjacent wetland resource area.The Conservation Department shall be contacted the installation of the erosion control to ensure it was installed properly and an appropriate location. All disturbed areas shall be permanently stabilized with grass vegetation to prevent erosion runoff.h" •: Upon completion of the paving and landscaping activities,you shall immediately contact the Conservation Department for a final inspection. This Enforcement Order shall expire on Friday,Tune 9,2006. This deadline date will not be extended. If the activities are not met by the imposed deadline,or if the Commission is not satisfied with any portion of the work that has been done,the NACC reserves the right to modify this Enforcement Order,which may result in future enforcement action,including a fine of not more than$300.00. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense,and each provision of the bylaw, regulations,permits,or administrative orders violated shall constitute a separate offence'. However, a fine will not be levied at this time. Should you have any questions / comments regarding the contents of this letter and attached Enforcement Order,please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Pamela A. errill Conservation Associate Attachment Cc: Alison McKay, Conservation Administrator Lincoln Daley,Town Planner Curt Bellavance,AICP,Community Development Director Department of Environmental Protection,NERO,Wetlands Division North Andover Wetlands Protection Bylaa-, Section 178.10, Enforcement, Investigations&Violations. 1600 Osgood Street,North Andover,Mossachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover May 17, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. &Mrs. Sudarshan Chatterjee return key. Name of Violator 55 South Bradford Street, North Andover, MA 01845 r� Address 1. Location of Violation: Property Owner(if different) 55 South Bradford Street Street Address North Andover _ _ 01845 Cityrrown Zip Code Map 103 Lot 127 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): This Enforcement Order is being issued as a mechanism to perform work,for paving portions of a driveway and transplanting three(3)trees within the Buffer Zone to Bordering Vegetated Wetlands and within the Lake Cochichewick Watershed District. Please see the attached letter prepared by the Conservation Department dated May 17, 2006 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc•rev.7/14/64 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: LIZ WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name - -- -- Dated ----— -- File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other(specify): 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 any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authori . wpaform9a.doc•rev.7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date -- - ----- ------ --------------------------- for the following: 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 (e.g., erosion/sedimentation controls)to prevent further violations of the Act: 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. 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: Pamela Merrill, Conservation Associate or Alison McKay, Conservation Administrator Name 978.688.9530 Phone Number Monday-Friday, 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission Conservation Commission signatures required on following page. Page 3 of 4 wpaform9a.doc-rev.7/14/04 Massachusetts Department of Environmental Protection DEP File Number: ��--- Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) 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. &5!!atures. n JR �7(r)Z O�-2 00"(P > Gt v Signature of delivery person or certified mail number wpaform9a.doc•rev.7/14104 Page 4 of 4 l :yoRTH p�t��au ta�N� a 1O O COC,(O(Mrr,CR y7' �QA°p.rca rP�` ,l9 �SSgcNusf� PLANNING DEPARTMENT Community Development Division May 22, 2006 Mr. &Mrs. Sudarshan Chatterjee 55 South Bradford Street North Andover,MA 01845 RE: 55 South Bradford Street-Watershed Special Permit To Pave A 40' x 12' Driveway. Dear Mr. &Mrs. Sudarshan Chatter ee, This letter is being sent regarding the proposal to pave a portion of your driveway entrance.The affected area will consist of creating a 12' wide paved driveway extending 40' from South Bradford Street. It is my understanding that you released a driveway and utility easement from an abutting property located at 69 Bradford Street. As a result,you relocated a portion of your driveway onto your property fronting Bradford Street. The location of the impervious area is located approximately 55' from an adjacent Bordering Vegetated Wetland(BVW)within the Watershed Protection District. As detailed in the Enforcement Order letter dated May 17,2006 from Pam Merrill, Conservation Department,we conducted several site inspections to determine the extent of the proposal and its and impact on the adjacent wetlands. The project as described will not expand the existing footprint of a structure,will not disturb the existing topography,and will have a negligible impact on the adjacent BVW. Further,the Conservation Department an Enforcement Order issued by the Conservation Department placed several conditions to further prevent erosion during construction and treat stormwater runoff. (See attached May 17,2006 Enforcement Order) In accordance with Section 4.136(8) of the Town Bylaw, I am administratively approving your request to pave 40' x 12' of the driveway entrance. The Planning Department grants this Waiver with the following conditions: 1) The construction of the driveway within the Watershed Protection District shall comply with best management practices for erosion, siltation,and stormwater control in order to preserve the purity of the ground water and the lake;maintain the ground water table; and maintain the filtration and purification functions of the land. 2) The Planning Department shall be notified with regards to the installation of the erosion control measures to ensure that it was properly located and installed. 3) The applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction. 4) The applicant will agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. 5) Upon completion of the said project,the Town Planner will be notified to perform a final inspection of site. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com e, 6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. Sincerely, Lincoln Daley Town Planner CC: Planning Board Conservation Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com V%OR7h a! Q�tg4tD #6q - O to !- 70 ��A0"4 PLANNING DEPARTMENT Community Development Division May 22, 2006 Mr. &Mrs. Sudarshan Chatter ee 55 South Bradford Street North Andover,MA 01845 RE: 55 South Bradford Street-Watershed Special Permit To Pave A 40'x 12' Driveway. Dear Mr. &Mrs. Sudarshan Chatter ee, This letter is being sent regarding the proposal to pave a portion of your driveway entrance.The affected area will consist of creating a 12'wide paved driveway extending 40' from South Bradford Street. It is my understanding that you released a driveway and utility easement from an abutting property located at 69 Bradford Street. As a result,you relocated a portion of your driveway onto your property fronting Bradford Street. The location of the impervious area is located approximately 55' from an adjacent Bordering Vegetated Wetland(BVW)within the Watershed Protection District. As detailed in the Enforcement Order letter dated May 17, 2006 from Pam Merrill, Conservation Department,we conducted several site inspections to determine the extent of the proposal and its and impact on the adjacent wetlands. The project as described will not expand the existing footprint of a structure,will not disturb the existing topography, and will have a negligible impact on the adjacent BVW. Further,the Conservation Department an Enforcement Order issued by the Conservation Department placed several conditions to further prevent erosion during construction and treat stormwater runoff. (See attached May 17,2006 Enforcement Order) In accordance with Section 4.136(8) of the Town Bylaw, I am administratively approving your request to pave 40' x 12' of the driveway entrance. The Planning Department grants this Waiver with the following conditions: 1) The construction of the driveway within the Watershed Protection District shall comply with best management practices for erosion, siltation,and stormwater control in order to preserve the purity of the ground water and the lake;maintain the ground water table; and maintain the filtration and purification functions of the land. 2) The Planning Department shall be notified with regards to the installation of the erosion control measures to ensure that it was properly located and installed. 3) The applicant must schedule and agree in writing for the Town Planner to perform a minimum of two inspections during the construction process to ensure proper erosion control is established during construction. 4) The applicant will agree in writing that the Town Planner can stop construction if the proper erosion control is not in place. 5) Upon completion of the said project,the Town Planner will be notified to perform a final inspection of site. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthandover.com E 6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. Sincerely, D Lincoln Daley Town Planner CC: Planning Board Conservation Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com r � I m �.4f N+US� CONSERVATION DEPARTMENT (ommunity Development Division , AI%A May 17, 2006 Mr. &Mrs. Sudarshan Chatterjee 55 South Bradford Street North Andover,Kk 01845 VIA CERTIFIED MAIL#70020510000008939790 RE: ENFORCEMENT ORDER- 55 South Bradford Street,North Andover,MA(Site) Dear Mr. &Mrs. Sudarshan Chatterjee, This letter and attached Enforcement Order are being issued to you as the property owner, who is ultimately responsible for the actions and / or work performed at the above referenced property.As the property owner,you must ensure that all of the requirements outlined in these documents are adhered to. Failure to comply with the requirements outlined in this letter will result in further enforcement action. If you have any questions about the contents of this Enforcement Order,please contact the Conservation Department for further guidance. It is our understanding that you recently released a driveway and utility easement from your neighbor'property at 69 South Bradford Street.As such,you were required to relocated portions of your driveway onto your property.As you know,personal from the North Andover Conservation Department and the Planning Department conducted several inspections at the above-referenced property to determine if the 40'x 12'area (where portions of the stone pavers were previously install) could be paved. During our inspections, the adjacent Bordering Vegetated Wetlands (B` W) were located approximately 55' from the limit of proposed driveway.Additionally,you will be transplanting three (3) Blue Spruce trees along the existing tree line adjacent to your new driveway.This area is currently maintained lawn. This letter and accompanying Enforcement Order are being issued to you as a mechanism to perform the above-mentioned work within the Buffer Lone to a jurisdictional wetland resource area. The NACC is hereby imposing the following action items under this Enforcement Order: Prior to the commencement of work,your contractor and the Conservation Department shall meet on site to determine the suitable location for the temporary erosion control. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthondover.com Prior to the commencement of any work, silt fence (trenched 4— 6"in the ground and backfilled) shall be installed along the existing tree line to prevent any soils from migrating towards the adjacent wetland resource area.The Conservation Department shall be contacted the installation of the erosion control to ensure it was installed properly and an appropriate location. • All disturbed areas shall be permanently stabilized with grass vegetation to prevent erosion r` • runoff. Upon completion of the paving and landscaping activities,you shall immediately contact the Conservation Department for a final inspection. :• This Enforcement Order shall expire on Friday,Tune 9,2006.This deadline date will not be extended. If the activities are not met by the imposed deadline,or if the Commission is not satisfied with any portion of the work that has been done, the NACC reserves the right to modify this Enforcement Order,which may result in future enforcement action,including a fine of not more than$300.00. Each day or portion thereof during which a violation continues,or unauthorized fill or other alteration remains in place, shall constitute a separate offense,and each provision of the bylaw, regulations,permits, or administrative orders violated shall constitute a separate offence. However, a fine will not be levied at this time. Should you have any questions / comments regarding the contents of this letter and attached Enforcement Order,please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Pamela A. 1� emll Conservation Associate Attachment Cc: Alison McKay, Conservation Administrator Lincoln Dalev,Town Planner Curt Bellavance,AICP, Community Development Director Department of Environmental Protection, NERO,Wetlands Division North Andover\Xetlands Protection Bylav,Section 178.10, Enforcement,Investigations&Violations. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.town0northandovemom Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover May 17, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mr. &Mrs. Sudarshan Chatterjee return key. Name of Violator 55 South Bradford Street, North Andover, MA 01845 _ t rah Address 1. Location of Violation:— — — — — — Property Owner(if different) 55 South Bradford Street Street Address North Andover 01845 City/Town Zip Code Map 103 Lot 127 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): This Enforcement Order is being issued as a mechanism to perform work,for paving portions of a driveway and transplanting three(3)trees within the Buffer Zone to Bordering Vegetated Wetlands and within the Lake Cochichewick Watershed District. Please see the attached letter prepared by the Conservation Department dated May 17, 2006 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc•rev.7114104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name ------------- -------- --------- - Dated File Number Condition numbers) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other(specify): 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 any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be tiled with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaformga.doc•rev.7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: L Bureau of Resource Protection - Wetlands � WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls)to prevent further violations of the Act: 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. 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: Pamela Merrill, Conservation Associate or Alison McKay Conservation Administrator Name 978.688.9530 Phone Number Monday-Friday, 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7114/04 Page 3 of 4 1 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"umber: WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) 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. Si na res; v , LC m3clfrkl - Signature of delivery person or certified mail number wpaform9a.doc•rev.7114104 Page 4 of 4