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Home My WebLink AboutMiscellaneous - 57 LONG PASTURE ROAD 4/30/2018 (2) .�� lv�q P.�.sTu 2 e �a�d � ��oT s _ 4237 NORTH pf p .y gyp N 9 Town of North Andover �'�°�•; '� HEALTH DEPARTMENT Cow CHECK#: DATE: LOCATION: H/O NAME: 7 CONTRACTOR NAME: a Y- �. r�.eJYv6rJ Type of Permit or License:(Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ TrashlSolid Waste Hauler $ ❑ Well Construction $ SEPTICSystems : ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ 4 5:j2 G Other:(Indicate) ��' ' $ I Aeth Initial: White-Applicant Yellow-Health Pink-Treasurer Ifl NILE YOU WERE AWAY FOR OATS °'� /TIME/1.23 A.M M OFSj�ai oNED ❑FAxLffETURNEO PHONE ❑MOBILE YOUR CALL AREA CODE UM R � XTENSION LEASE CALL MESSAG P WILL CALL (f 'AGAIN:'.' CAME TO SEE YOU ILI WANTS TO SEEYOU SIGNEDV FORM 4002 NOTES 4237 Mp RTN M � p Town of North Andover HEALTH DEPARTMENT �Ss�cNus�� CHECK#: DATE: LOCATION: Y r: H/O NAME: La /R� i-" C �r>P0 CONTRACTOR c.r CONTRACTOR NAME: /' jype of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ c >ti ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ x ❑ Massage Practice $ ❑ Offal(Septic)Hauler $. ❑ Recreational Camp. ` ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ _ ❑ •Tras4lSolid Waste Hauler $ ❑ Well Construction $ SE�TIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector i $ ❑ . Title 5 Report $ 4 -k7 bia Other(Indicate) , s-5 ID ? A Ilea 4f'Initials White-Applicant Yellow-Health Pink-Treasurer w1 Long Pasture Road _ Town of North Andover –- —___._.____.-..--- t4oRTM OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° . p b 146 Main Street *i North Andover,Massachusetts 01845 ,SS^CHUSE� MODIFICATION TO ORDER OF CONDITIONS . File No. 242-441 Project: Long Pasture Road Wetland Replication The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on March 19, 1997 agreed to accept 11fe we'tha `d _replication sequencing as a minor modification. as a Modification to the Order of Conditions issued in file # 242- 441 dated March 25, 1996 Instrument #7876 and recorded in p fl]4-• d pg Issued by the NORTH D VE S RVATION COMMISSION: /I, j, Aei fi-t, U'4� Z2Z On his 19th day of March 1997 , before me personally appeared Joseph W. Lynch, Jr: to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. p December 11, 2003 . Notary Publib My Commission Expires A receipt from the Registry of Deeds must be submitted to this g rI' office showing that this Modification has been recorded and referenced to the Book and Page numbers where the original Order 242- 441 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 - 1VORTI3 ANDOVER CONS;EIi.NATION RDEPAit"TNIENI' SITE.INSPECTION LOG DATE AND TIMqj4 INSPECTOR: PROJECT LOCATION: ' /�jyi_ Padlzx re- DEP FILE #: NOTES: � a I µORTM q O �t�eo ib �• * oa y 0Qp cocwC ew—\y1' �9SSgc HuS .1%jy CONSERVATION DEPARTMENT Community Development Division April 9,2009 Howard and Marguerite Cooper 409 Park Street North Reading,MA 01864 RE: ENFORCEMENT ORDER: 57 Long Pasture Road,Lot 5 Dear Mr. &Mrs. Cooper: On December 10,2008, I contacted you (Mr.Cooper) and we spoke concerning the potential for erosion on your property due to steep slopes and a large area of disturbed soils. At that time, your construction project was outside of the jurisdiction of the North Andover Conservation Commission (NACC),and did not require a permit from the NACC when you obtained your building.permit. You agreed,according to my notes,that you would install erosion control at the limit of clearing on your lot between construction and the wetlands. On April 4,2009,a rain event occurred and the Conservation Department received a complaint that soil was eroding off your property and entering the stormwater management system on Long Pasture Road. This system discharges into a Bordering Vegetated Wetland a jurisdictional resource area under the Massachusetts Wetland Protection Act(WPA)(MGL c. 131 §40) and the North Andover Wetlands Protection Bylaw.Under both the WPA and the 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. Photos of the erosion event and the subsequent impacts are attached. I returned to Long Pasture Road to view the catch basin discharge area on Tuesday,April 7, 2009,to inspect for impacts to resource areas following the storm. During my inspection,I viewed piles of sediment in the discharge pipe and in the downgradient resource area. Prior to my inspection, I had spoken with you on the phone and asked that erosion controls be installed on the property immediately to protect the resource areas in impending future rain events. You did agree. At the April 8,2009 meeting of the NACC,members received photos of my storm related site visits. After viewing the photos of the storm and post storm inspection on your site, the Commission authorized me to issue an Enforcement Order (EO) as authorized in the Wetland Protection Act Regulations (310 CMR 10.02(2)(c)) which states: 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com "In the event that the issuing authority determines that(an)activity has in fact altered an Area Subject to Protection under MGL c. 131 §40, it may require the filing of a Notice of Intent and/or issuance of an Enforcement Order and shall impose such conditions on the activity or any portion thereof as it deems necessary to contribute to the protection of the interests identified in MGL c. 131 §40." At the April 8,2009 meeting of the NACC,the Commission ordered the following: • The applicant/property owner shall cease and desist from all construction activity on the site with the exception of the following requirements of the EO. • Erosion Controls shall be established to prevent further erosion to downgradient wetland resource areas including the stormwater management structures in Long Pasture Road which discharge to wetland resource areas. • Erosion control materials shall consist of the installation of silt fence and haybales or other erosion control devices as approved by the Conservation Administrator. Installed Erosion Controls shall be inspected and approved by the Conservation Administrator prior to release of the EO. • The owner and/or his/her representative shall appear at the next meeting of the North Andover Conservation Commission scheduled for April 22, 2009 at 7PM at the North Andover Town Hall,120 Main Street North Andover. 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. Your anticipated cooperation is appreciated. Sincerel4Au nnif klA J er : ghes onservation Administrator CC: Curt Bellavance, AICP, Community Development Director Gerald Brown,Inspector of Buildings MA Department of Environmental Protection, NERO Enclosure: Photographs �' P 1600 Osgood Street,North Andover,Massachusetts 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 Ll 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 4/10/09 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Howard & Marguerite Cooper return key. Name of Violator 409 Park Street, North Reading,-MA 01864 Address 1. Location of Violation: Property Owner(if different)-` 57 Long Pasture Road, Lot 5 Street Address North Andover 01845 City/Town Zip Code 106A 216 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Erosion of soil from single-family house construction site (57 Long Pasture) (non-jurisdictional project) into stormwater system on Long Pasture Road resulting in sedimentation of wetland resource areas and buffer zone. 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 r 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 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): �1 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. wpaform9a.doc•rev.7/14/04 Page 2 of 4 ti 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: All construction activity on the property should cease and erosion controls shall be installed (see attached). The applicant shall appear before the North Andover Conservation Commission at their -next meeting on April 22, 2009 to discuss restoration of the wetland resource area. 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 imay be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Jennifer Hughes Name 978-688-9530 Phone Number 8:30-4:30 Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7/14/04 Page 3 of 4 LlMassachusetts 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 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: Signatures: (r ry 00 Vlil`Vl l Signature of delivery person or certified mail number i I I wpaform9a.doc•rev.7/14/04 Page 4 of 4 e f k 11 p� Ao 2 .�� J9 dna —�fi 5e s 44:='�'n d " y t ; ! 1 '�5' ' Q •{ka'X� N �d" Tyle. .� 1✓ T� _`�...'/ '4YI " J ij a w +!E V6 W , IV, I' : R , �' � - �,ti•+-'-...- .s.�'� ?tee. .x '\;.�. - .. �'� � �2n�� l'"""t � H,. V `. �:\ sa", :A4'n.'� I �.: /-_w-f v� _•��`��\ �I,° �o'T�:i. 1 Py ( 'F- f 1 � � • 1 � / _ , tl ^::' ._ �-� �:: _ y . � - k� f - � .. _. 'Jf �� .'f� z� ,A i `, �� `t�. __. _.__ ... .'1 � ..i.—_- S_va 1 4 ' -� '-,.,i .. +`. .. ..._ '.. Y'= j=am" . n'�v_.. �_ � .�Y� �r �'��F S� �F Y �:,�� a.�� .� x ,,� � �� k �'� �5TH'. F #` P - � t ) � .. k (� t J - � h� �L � � t.. - _ Z � 2 t ®RTH 'a Town of dower, 1Vlass., a = CAKE �, -T COCMICMEWICK V 7 A°SATE D PPS` "♦y 'QS BOARD OF HEALTH Food/Kitchen �T PERMIT c r ystem ` B LDING. SPECTOR THIS CERTIFIES THAT.. A c�,v;ia� ° � 'd�� -7-2,1 -P� Foundation has permission to erect............... : ....4buildinon v .... .... ....... ......... ° hs t.� Chimney .. .L..........................to be occupied as... ..1. G provided that the person accepting this per shall in every respect conform to thterms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT EXPOS IN 6 MONTHS - ELECTRICAL INSPECTO UNLESS CONS UCTIO �'S ugh _ . . . ...................... .. .................................. Service BUILDING INSPECTOR Final Occupancy Pepnit Required t® Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do- Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det.