HomeMy WebLinkAboutMiscellaneous - 58 APPLETON STREET 4/30/2018 (6) r
Town of North AndoverpoRTH
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Office of the Conservation Department
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Community Development and Services Division o
1 400 Osgood Street ,SSACHUSE�
North Andover,Massachusetts 01845
Alison McKay Telephone(978) 688-9530
Conservation Administrator Fax (978)688-9542
November 14, 2005
Mr. William Hmurciak, DPW Director
North Andover Public Works Department
384 Osgood Street
North Andover, MA 01845
HAND DELIVERD
RE: ENFORCEMENT ORDER-58 Appleton Street,North Andover,MA
Dear Mr. Hmurciak:
The attached Enforcement Order is being issued to your department as a mechanism to
perform work within the buffer zone to a Bordering Vegetated Wetland (BVW),
jurisdictional under the MA Wetlands Protection Regulations and the North Andover
Wetlands Protection Bylaw Regulations. Specific work activities will include the installation
of a deep-sump catch basin to alleviate ongoing flooding problems at the corner of the
driveway associated with 58 Appleton Street, North Andover. In addition, approximately 70
-80 feet of pipe will be installed along the roadway shoulder of Appleton Street to connect
in t an existing catch basin located 40-feet u slo e of the BVW.
new catch bas o ,
the e g P p
On behalf of the North Andover Conservation Commission(NACC), the Conservation
Department will allow the aforementioned work with the following mandatory conditions:
❑ Prior to the commencement of any work, erosion controls, consisting of double-
staked hay bales and trenched silt fence shall be installed along the limit of work
upslope of the BVW.
❑ Prior to the commencement of any work, the contractor shall schedule a pre-
construction meeting with the Conservation Department to ensure that erosion
control measures have been properly installed.
❑ Upon completion of work activities, all disturbed areas shall be loamed and seeded
for permanent stabilization against erosion. The Conservation Department shall be
contacted in order to conduct a final site inspection.
❑ All work shall be completed by no later than Monday, December 5, 2005.
BOARD OF APPEALS 688-9541 BUILDING 684-9545 CONSERVATION 688-9530 I IL-ALTFI 6880540 PLANNING 688')535
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. Any violations to this Enforcement Order as documented
herein are subject to no more than a$100 per day penalty' until such time as the Enforcement
Order is fully complied with. Each day or portion thereof during which any violation
continues shall constitute a separate offense.
The Conservation Department reserves the right to take additional action in the future
should this Enforcement Order not be complied with retroactive from the date we were first
made aware of the violations. This Enforcement Order shall become effective upon receipt.
Please feel free to contact me should you have any further questions or concerns in this
regard.
Thank you in advance for your anticipated cooperation.
Sincerely,
NO H ANDOVER CONSERVATION COMMISSION
A
Alison McKay
Conservation Administrator
Encl.
Cc: Pamela Merrill, Conservation Associate
Jim Timmons, DPW
Tim Willett, Sewer&Water Superintendent
Curt Bellavance, Community Development Director
NACC File
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland
Protection ByLaw(REV May 1993/REV October 1998)
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A - Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
File Number Condition number(s)
B. Findings (cont.)
® Other(specify):
Please refer to the attached letter dated November 14, 2005.
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
application and plans for all
❑ Complete the required by attached
the Act and Intent. The Regulations Regulat ons shall be fed with the Issuing Authority on or ore
sed
work as req
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
This Enforcement completed by no later than December 5,r is being issued as a mechanism t2005.rove site drainage on Appleton Please refer t.the letter datedStreet.
All work shallP .
November 14, 2005.
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. Page 2 of 3
wpaformga.doc•rev.12/15/00