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Miscellaneous - 58 GLENWOOD STREET 4/30/2018 (4)
J 1� i i I �__i__.______._---_- .._._. I I i F r i F'� ' ��_ WHILE YOU WERE AWAY FOR M. M OATE�_TIME�_p M. OF FAX o PHONED PHONE ❑MOBILE RETURNED AREA CODE NUMBER YOUR CALL MESSAGE EXTENSION PLEASE CALL WILL CALL v AGAIN CAME TO SEE YOU SIGNED WANTS TO SEE YOU - - - •- �%LaPSi FORM 4002 NORTy o`t,�E° ,bgtio O A 9SSACHU`��t CONSERVATION DEPARTMENT Community Development Division May 8,2008 58 Glenwood Street, North Andover Construction of a Deck Conservation Conditions of Approval, NACC #40 Pursuant to section 4.4.2 K of the North Andover Wetlands Protection Regulations,Hossein Ghamary, applicant/ homeowner,filed for a small project for work proposed at 58 Glenwood Street, North Andover. The work consists of construction of a 12' x 40' deck with associated stairway. Approximately 400 total s.f. of work (deck and stairs) is within the 100-foot buffer zone to a wetland resource area. Soil disturbance for the work is limited to the installation of eight(8)new 12-inch sonotube footings. Work will be conducted approximately 55 feet from the edge of a Bordering Vegetated Wetland (BVW). The Conservation Department conducted a field inspection in April 2008 and agreed with the location of the wetland boundary. During the May 21,2008 public meeting,the North Andover Conservation Commission(NACC) voted unanimously to approve this project as described above. The following conditions were hereby mandated for the proposed work: RECORD DOCUMENTS: Scaled Sketch prepared by the owner,Hossein Ghamary Reference Plot Plan prepared by Sullivan Engineering Group dated July 13,2007 Floor Plan prepared by Jerry Bruno and Associates CONDITIONS: 1. A row of staked hay bales backed by trenched siltation fence shall be placed at the toe of slope between the construction area and the BVW. The erosion control barrier will be properly installed and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. 2. Upon installation of the aforementioned erosion controls and prior to the commencement of construction, the Conservation Department shall be contacted at least 48 hours in advance to verify that said erosion controls have been properly installed. 3. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm 4. Excess material and construction debris shall be properly disposed of off site. 5. Upon completion of the approved project and site stabilization, please contact the Conservation Department for a final inspection. 6. This permit shall expire on May 21,2009. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Mark C. West Conservation Interim Administrator 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.coin/consenrel.htrn TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Of N0RT#1 `` 10- p Permit NO: Date Received 10 L 1,9L # Date Issued: �'13 s�CNUS IMPORTANT: Applicant must complete all items on this page LOCATION SS �����s- � ST N A n�I�✓e✓ Print PROPERTY OWNER dos.S e% e Print MAP NO.: PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building ❑ One family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: Repair, replacement ❑ Assessory Bldg ❑ Commercial Demolition Moving(relocation) ❑Other ❑ Others: C, Foundation only DESCRIPTION OF WORK TO BE PREFORMED Xs i S OU56 Wt f �Ur �di11 Iden kation Please Type or Pri Clearly) 5�b• q OWNER: Name: wr.MjLv" Phone: Address: ) CONTRACTOR Name: Phone: Address: Supervisor's Construction License: Exp. Date: Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Name: Phone: address: Reg. No. FEE SCHEDULE:BOLDING PERMIT.-S12.00 PER$1000.00 OF THE TOT4L ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost :$ FEE:$_ Check No.: Receipt No.: ' a t a� TYPE OF SEWERAGE DISPOSAL Swimming Pools E ,.� Tanning/Massage/Body Art Public Sewer 7 Tobacco Sales Food Packaging/Sales L Well Permanent Dumpster on Site !� Private(septic tank,etc. J Electric Meter location to project NOTE: Persons contracting with unregistered contractors do not have access to tite guarantyfund Signature of Agent/Owner Signature of contractor I Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF- U FORM DATE REJECTED ZATE APPROVED PLANNING & DEVELOPMENT ❑ Q 0 COMMENTS 2� Q-�}a:c�rl nten'f M;K+ �- S �A� DATE REJECTED DATE APPROVED CONSERVATION ❑ ❑ i �I COMMENTS I DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS FIRE DEPARTMENT - Temp Dumpster on site yes no Fire Department signature/date COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer connection/Sienature& Date Driveway Permit Building Setback ( Front Yard Side Yard Rear Yard Required Provided Re uired Provides Required Provided Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: NOTES and DATA—(For department use) CONSERVATION ATTACHMENT TO 58 GLENWOOD STREET BUILDING PERNM APPLICATION No ground disturbance proposed or approved. All work shall remain within the existing building footprint as proposed. The applicant shall adhere to the following Best Management Practices during construction in order to adequately protect the resource areas: No dumpsters shall be placed within 50 feet of the edge of the BVW;No construction equipment or materials shall be stored or staged overnight within 50 feet of the edge of the BVW; and a minimum of 10 hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence) shall be stored on site prior to the start of any work for emergency purposes. Any work beyond what has been described herein which would alter(by means of ground disturbance)any resource area on site must be submitted to the North Andover Conservation Commission(NACC)in the form of a Notice of Intent or Request for Determination of Applicability(whichever is applicable)for review and approval prior to implementation. Should alterations occur on site, all work shall immediately cease and desist until the NACC has granted approval for such work. The NACC j reserves the right to impose additional conditions and penalties and/or fines should impacts to any resource area occur. An official letter from the Department in this regard shall be forthcoming. rge 3 of 4 Doc:INSPECTIONAL SERVICES DEPARTMENT1313FORM05 C;aaledJNIC 1an'On6 i B uilding Setback (ft.) Yard Side Yard Rear Yard 1:Required Provided Re uired Provides Re uired Provided Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: NOTES and DATA— For department use jl CONSERVATION ATTACHMENT TO 58 GLENWOOD STREET BUILDING PERAM APPLICATION No ground disturbance proposed or approved. All work shall remain within the existing building footprint as proposed. The applicant shall adhere to the following Best Management Practices during construction in order to adequately protect the resource areas: No dumpsters shall be placed within 50 feet of the edge of the BVW;No construction equipment or materials shall be stored or staged overnight within 50 feet of the edge of the BVW; and a minimum of 10 hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence) shall be stored on site prior to the start of any work for emergency purposes. Any work beyond what has i been described herein which would alter(by means of ground disturbance) any resource area on site must be submitted to the North Andover Conservation Commission(NACC) in the form of a Notice of Intent or Request for Determination of Applicability(whichever is applicable)for review and approval prior to implementation. Should alterations occur on site, all work shall I immediately cease and desist until the NACC has granted approval for such work. The NACC reserves the right to impose additional conditions and penalties and/or fines should impacts to any resource area occur. An official letter from the Department in this regard shall be forthcoming. 7:11 c344 Doc.INSPECTIONAL SERVICES DEPARTMENT:BPFORM05 Creme)JAIC Jan-'006 McKay, Alison From: McKay, Alison Sent: Thursday, October 19, 2006 7:18 PM To: Leathe, Brian Cc: Merrill, Pamela; Bellavance, Curt; McEvoy, Jeannine; Glennon, Michel; Wedge,Donna; Brown, Gerald Subject: 58 Glenwood Street Hi Brian/all, I have signed off on the building permit for 58 Glenwood Street. With the approval however, I have included an attachment in the departmental notes section on page 3. You may want to just make a note of it. It is my understanding that although Gerry will be away, he has okayed you to issue the permit as soon as it was cleared by our Department. However, if you are not of this understanding with Gerry, don't take my word. Pam- I will leave the Conservation project file and a copy of the.building permit as I last had it with you. Can you just coordinate with Brian (since Gerry is away)to ensure that you are here when Mr. Ghamary picks up his permit so that you can go over it with him and that he understands the parameters and conditions set forth by the Conservation Department as I have described. Also, could you write up a draft letter(in the swap file)outlining the provisions and conditions I have noted for my review upon my return on Tuesday. I would like to just review it and figure out if I missed anything before it's issued and placed in the file. Please do not hesitate to contact me on my cell phone at 617-835-4610 should you have anyquestions or concerns in this regard. Thanks and I'll see you all on Tuesday. Alison E. McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20,Suite 2-36 North Andover, MA 978-688-9530 i CONSERVATION ATTACHMENT TO 58 GLENWOOD STREET BUILDING PERMIT APPLICATION No ground disturbance proposed or approved. All work shall remain within the existing building footprint as proposed. The applicant shall adhere to the following Best Management Practices during construction in order to adequately protect the resource areas: No dumpsters shall be placed within 50 feet of the edge of the BVW;No construction equipment or materials shall be stored or staged overnight within 50 feet of the edge of the BVW; and a minimum of 10 hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence) shall be stored on site prior to the start of any work for emergency purposes. Any work beyond what has been described herein which would alter(by means of ground disturbance) any resource area on site must be submitted to the North Andover Conservation Commission(NACC) in the form of a Notice of Intent or Request for Determination of Applicability(whichever is applicable)for review and approval prior to implementation. Should alterations occur on site, all work shall immediately cease and desist until the NACC has granted approval for such work. The NACC reserves the right to impose additional conditions and penalties and/or fines should impacts to any resource area occur. An official letter from the Department in this regard shall be forthcoming. 10/19/06 tAORTli q 0 J.Tt.90 ,6* �- O to TED � e $ACHUSi CONSERVATION DEPARTMENT Community Development Division November 6, 2006 Mr. Hossein Ghamary 58 Glenwood Street North Andover,MA 01845 RE: Building Permit for 58 Glenwood Street,North Andover Dear Mr. Ghamary, As you know, the North Andover Conservation Department recently signed off on the building permit application for the reconstruction of the existing single family at the above-referenced property. Based on the information submitted, the entire property lies within the floodplain associated with the Shawsheen River, the riverfront resource area and 100-foot Buffer Zone to the associated Bordering Vegetated Wetland (BVW). As a result of the flood damages that had occurred during the May 2006 flooding events, the house will be `wet proofed'in order to bring it up to the MA Building Code. This wet proofing was described in the submitted building permit application involves no earthwork (i.e., soil disturbance) and consists of rebuilding the house within the same footprint using the existing foundation. This letter outlines special conditions that must be implemented and adhered to, to prevent any damages or encroachment into the jurisdictional wetland resource areas. Theses 1 conditions were previously discussed with you and were also attached to the building permit application. They are the following: Any work beyond what has been described herein,which would alter (by means of ground disturbance) any resource area on site must be submitted to the North Andover Conservation Commission (NACC) in the form of a Request for Determination or Notice of Intent (whichever is applicable) for review and approval prior to implementation. ❖ Should alterations occur on site, all work shall immediately cease and desist until the NACC has granted approval for such work. The NACC reserves the right to impose additional conditions and penalties and / or fines should impacts to any resource area occur. ik minimum of 10 hay bales and sufficient stakes for staking these bales or an equivalent amount of silt fence shall be stored on site prior to the start of any work for emergency purposes. ❖ Accepted Best Management Practices shall be implemented during construction,in order to adequately protect the wetland resource areas. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 918.688.9530 fax 918.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm i I r No dumpsters shall be placed within 50-feet from the edge of the delineated wetland resource area. ❖ No construction equipment or materials shall be stored or staged overnight within 50- feet from the edge of the delineated wetland resource area. i Please do not hesitate to contact me should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, NORTH ANDOVER CONSERVATION DEPARTMENT f7 1 hison McKay Conservation Adminra Cc: Curt Bellavance,AICP,Director of Community Development Gerald Brown, Inspectors of Buildings Brian Leathe,Building Inspector File 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm Page 1 of 1 McKay, Alison From: Casey, Linda } 0, q11110b Sent: Monday,March 27,2006 3:04 PM f1 ML4 � To: Brown, Gerald; McKay,Alison U Subject: Property to Review Hello Gerry and Alison, Since you did such a great job on my last request, I was wondering if you could check out two more pieces of property that the Town will be placing on the auction block. They are: Map 7 Lot 12 Glenwood Street (town owned land) Map 23 Lot 28 Turnpike Street Let me know if you need anything further. Thanks again for your assistance. Linda Casey Director of Finance and Administration Town of North Andover, MA 120 Main Street North Andover, MA 01845 978-688-9553 Icasey@townofnorthandover.com 3/28/2006 Page 1 of 2 McKay, Alison From: McKay,Alison Sent: Monday,April 10,2006 1:35 PM To: Casey, Linda Cc: Brown,Gerald Subject: RE: Property to Review Hi Linda, I took a ride out to the subject properties last week and have determined the following in regards to Conservation: Turnpike Street It was difficult to determine where this lot is situated since Enfield Street and Falmouth Street appear to be paper streets. If I was looking at the right lot, however,there does not appear to be any wetland resource areas within 100' of this lot. Glenwood Street This lot is either directly adjacent to the Shawsheen river and associated wetlands or in the wetlands themselves. It is difficult to determine if this lot is in fact the abutting properties lawn area or if the lot itself is beyond that,in which case the lot would lie within the wetlands themselves. Either way, it does not appear that construction could move forward on this lot under the local Wetlands Protection Bylaw or the WPA for that matter. Hope this helps. Alison -----Original Message----- From: Casey, Linda Sent: Monday, March 27, 2006 3:04 PM To: Brown, Gerald; McKay, Alison Subject: Property to Review Hello Gerry and Alison, Since you did such a great job on my last request, I was wondering if you could check out two more pieces of property that the Town will be placing on the auction block. They are: Map 7 Lot 12 Glenwood Street (town owned land) Map 23 Lot 28 Turnpike Street Let me know if you need anything further. Thanks again for your assistance. Linda Casey Director of Finance and Administration Town of North Andover, MA 120 Main Street North Andover, MA 01845 978-688-9553 lcasey@townofnorthandover.com 4/10/2006 2 ' Summary Judgment is properly granted when no genuine issue of material facts exist begveen the parties, and one party is entitled to judgment as a ma _r of + la,%�. Cassessi v. Commissioner of Cc;, ecti:>n, 3 90 Mass. -'19 i 90 ';. ` ( �; Mr. and Mrs. Breen are entitled to Summary Judi _ ` �ment 1. they can demonstrate "by ,reference to material described ,in Nflass.R.Civ.P. 56(c), untri,„c� . ,� counts jailing o , o� materials, that the Party opposing the Motion has no reasopable elpectation @f + + q proving an essential element of that Parties' case." Kourouvacilis v. Generan Motors Corp., 410 Mass. 706, 716 ('1991). + � . Surnmary of Facts Mr. and Mrs. Breen are the ownbrs of land g1ternatively known as Lot 6 of k fi � a the Rocky Brook Estates Phase II Subdivision; 85 Ogutiquit Street, North fi Andover,.Essex County, Massachusetts; and identified by the North Andover , Assessors as Map 90A, Parcel 75 (hereinafter "Premises"). Mr. anal Mrs. Breen x + filed a Notice of Inteht (hereinafter "NOI") on October 21, 2 { Q4�, seeking approval for the construction of asin gle-family home, septic system, driveway and; associated work on the Premises (hereinafter the "Project"' i " "Project"' under both the " Massachusetts'Wetlands Protection Act, G.r. c.X31 x;40 (hereinafter the "Act" and the North Andover Wetlands Protection Bylaw (bereinafter "Bylaw"). Po1Io;vina " ' w Mr. and Mrs. Breen's submission, the Commission held the public� hearings on the NOI on November,5, '7003, December 3, 2003, January 14, ?004. August 4, 2044, August 2S, 2004 Se tember�2, y " } t � P ' 004, and October 1�, 2004, " closing its public hearing on Se tember 22, P 2004, and issuing its decision on ` 2 F:\Ne%�-()ocs�Oreen-Peter\04-438 N.A.Con Comm Bvfaw Appeal-Lot 6 09unquit Rd\memo of law.doc fi k 15 � l0? M1 �o•h o°cA '1� h o ,yo O z K. o� tip` ScF� ti pK l/ JJ. FISCA9 90 5• --...MEASUREMENTS I SEE PLAT NO. 3 SCALE 1 INCH= 80 FEET t M N 4 W Hyl QET 41' W 4N� GSTOI� 81 8 6� �a n e 18,944 $ 6 4,93 13 80 6� 63 6 19,932 N 65 . 6$ bT S,�g�ti� 46 19 f 18,778 56 B 100 5$ W 70 62 66 �6 A� stiff 69 N 5 17 PC A S 37,474 H S2 o m �d 15 a Z,Jo0 N 1'64dAC h0 F `s�� ` Z 1 H 6 , d 38;300 00E ry�,� O 3 a G ol 82 w 9 � 11,584 8,348 � q 14 �� tio° 1ti3 0 156 119' z �q D ti`ryti. 2 55 HARWICH ST: 221' 34 6jp 5� d 3a. 10 x tis' ob �o la U e ryhy ,d �25S�e4 �� 'os4 4a,00o per', p� 216.1' f--i " 5CP N 5 76 GRAFTON ST- tiry� 1251osf �a 5f 3Z �So 1Qi-- — �i�---- O a fea tiry5 �'O �� 29757sf A �� ell 23 65 5� �� AT 21�i Ip 40 FT' AL 2002 MAPS DRAWN BY FRANK S. GILES, P.L.S. ° MEASUREMENTS ARE SCALED ONLY NOT FOR SURVEY PURPC A9 NORTj4 q O �t�eo i6� '�r0 AL lb ° COCKI(lWKMt' �SSAC HUS�� PUBLIC HEALTH DEPARTMENT Community Development Division June 9, 2006 North Andover Health Department 1600 Osgood Street , North Andover MA. 01845 To Whom It May Concern: Due to the current condition from the recent flooding, in accordance with CMR 410:831. At the present time, 58 Glenwood Street North Andover MA. is unlivable. Michele E. Grant North Andover Health Department Cc: Susan Sawyer Hossein Ghanary Jeff Coco Buildin Dept. File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townWorthandover.com A011T t (tv. July 6, 2006 Hossein Gharnary 58 Glenwood Street N Andover MA 01845 Dear Mr. Ghamary, Due to the flooding observed at your residence on May 14th 2006, the substantial damage due to the flood was much greater than 50%of the dwelling value. Damage observed was 100%of the finished basement, the entire heating and:electrical system, Extensive I'floor damage 48"up the I'floor walls, the entire kitchen, baths, living-space, flooring and insulation. It is my opinion the residence should be lifted out of the flood hazard zone under Massachusetts building code 3107.5.1 Elevatiom All buildings or structures within a flood-hazard zone shall be elevated so that the lowest floor is located at or above flood elevation. Sincerely Yours, Brian Leathe Budding Inspector .Jui 06 06 03: 50P NOR'rH ANDOVER 9786689542 MOVER Ci"fice of ts'De'. 41 013i."45 PA July 6,2006 C, Hossein Ghamary W t GY 58 Glenwood Street NAndover MAO 1845 (4 Den Dear Mr.Ghamary, Due to the flooding observed at your residence on May 14th 2006, The extensive damage obs was much greater than 50%of the dwelling value. observed Damage observed was 100%of the finished basement,the entire beating and electrical system,Extensive I"floor damage 4$II up the 15`floor walls,the entire kitchen, baths, living space', flooring and insulation. It is my Opinion the residence should be IdW Out Of the flood hazard zone under Massac us so code 3107.5.1 Elevation:All buildings Or structures within a flood h-hazard zone shall be elevated efts building lowest floor is located at or above flood elevation. C that the Sincerely Yours, Brian Leathe Building inspector I A-A r , TRANSMISSION VERIFICATION REPORT TIME 09/0512006 08:56 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 09105 08:54 FAX NO./NAME 819783527871 DURATION 00:01:44 PAGE(S) 09 RESULT OK MODE STANDARD ECM p �j�ev r6 �0 6 e Q � r � op eee.11che:urx 4. � A�Rareo rPA` ,tg G H11$�� CONSERVATION DEPARTMENT Community Development Division To: *:',, U rt!AI-) From: �-1 -- Fax: 7 7L ;0'2— `7 c�'/� Pages: �' f eoylee !!hone: mate• �(o Re: CC: /�C%lC f���D �. 7�1�1 d U �i 'ts R . J> MaccWeb.org :: View topic-FEMA/FIRM line accuracy Yage 1 012 MaccWeb,org MACC's Conservation Connections is our place to share ideas and access ` a . our greatest database: you. �?I Q r t s I_I ,, C1C nsef-vatlDn Connections FAQ la Search 1= t,emberli:>>;' tlscryroul._ (E'Profile. You have no new, messaoe-� 4'Log out I Alison Md(c) FEMA/FIRM lire accuracy new =Qpost, �i MaccWeb.org Forum Index -> Enter Forum! View previous topic :: View next topic Author Message Linda D D Posted: Sun]an 29, 2006 10:12 pm Post subject: FEMA/FIRM line accuracy cpua#e What evidence can a Commission consider that overcomes the presumption of Joined: 15 Sep 2005 Posts: 11 accuracyin the FEMA/FIRM line? Is photographic evidence and testimony of a storm event sufficient? Back to top prof ile j patriCkgdrner D Posted: Mon]an 30, 2006 9:19 am Post subject: note Fortunately 10.57(2)(a)3. (Definitions, Critical Characteristics and Boundaries, Joined: 13 May 2005 Posts: 53 Bordering Land Subject to Flooding) of the WPA is explicit regarding presumption of accuracy. Referring to the "most recently available flood profile data" -- FEMA flood maps -- that section states, "Said boundary, so determined, shall be presumed accurate." (Note that FEMA flood maps can be amended, typically by what is called a LOMA, so an applicant--&a ConCom--should always check a given area to ensure that the published flood map has not been subsequently amended to correct errors.) The WPA then goes on immediately to state, "This presumption shall be overcome only by credible evidence from a registered professional engineer or other professional competent in such matters." The same section then goes on to describe required engineering calculations to be used in situations where no such FEMA mapping is available, and includes a 7 inch, 24-hour Type III storm event. Although not explicitedly stated, the presumption is implied that similar (or the same) data would be necessary from the "registered professional engineer or other professional competent in such matters" when trying to overcome the presumed accurately of a FEMA flood map. Photographs and testimony would be insufficient--& at a minimum would have to be underlain with collaborating hydrologic calculations. If a commission relied on just photos and non-expert testimony it would not meet the WPA test requiring credible evidence from a qualified professional. http://maccweb.org/phpBB/viewtopic.php?t=152 2/21/2006 MaccWeb.org :: View topic -FEMA/FIKM line accuracy rage/. of z Another interesting aspect of this issue is that DEP (& ConComs) does not establish or create or modify flood lines. The sole authority so empowered is the federal FEMA agency. So if a qualified professional offered evidence to overcome the accuracy presumption of the WPA, that evidence would then ultimately have to be approved by FEMA itself, which has a full, active section of professional hydrologists who rely on similar calculations before officially modifying a published flood line. The FEMA approval process is rather arduous & lengthy--usually taking 3 to 6 months. In other words, a FEMA flood line will not be modified solely by a qualified professional submitting calculations, but only after FEMA itself conducts a full review of the data. (As an aside, FEMA does not accept photographs and testimony as credible.) You may want to scan some of the MACC forum discussions over the last 45-60 days where similar questions have been discussed. One of the more recent is at: http://mace.web.org/phpBB/viev4topic.php?t=142 A somewhat older discussion is at: http:[/maccWpo.org/phpBB/vievvtonic.php?t=46 Back to top rofile �ra,pm !i �'- email 1 Display posts from previous: All Posts Oldest First Go (i—t)new• i—post-- _', MaccWeb.org Forum Index -> Enter Forum! All times are GMT-4 Hours Page i of 1 Watch this tonic for replies Jump to: Enter Forum! Go You can post new topics in this forum You can reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You can vote in polls in this forum Powered by phpBB O 2001,2005 phpBB Group http://maccweb.org/phpBB/viewtopic.php?t=152 2/21/2006 MaccWeb.org :: View topic - BLSF Page 1 of 2 ... ... .................... __ ... _ ....._. MaccWeb.org MACC's Conservation Connections is our place to share ideas and access 61�v our greatest database: you. I FAQ t Seared I I Mernberlisk 1.=i User rou s Conservation Conn ct;IWI � P i l Profile 31 You gave nr.+ netn rnessagew " l.og eui [ Alisan P1cKaY ] BLS PostrPO Maccweb.org Forum Index -> Enter Forum! View previous topic :: View next topic Author Message KP D Posted: Mon Jan 23, 2006 3:45 pm Post subject: BLSF ante When flood maps show a 100 year flood zone but not an elevation, how is one Joined: 19 Sep 2005 Posts: 12 supposed to determine jurisdiction? Going from a 500 scale map to site plan scale leaves a lot of room for interpretation. Back to top —rclfilC) a xrs patrickgarner D Posted: Mon Jan 23, 2006 4:31 pm Post subject: , t��s:ol Joined: 13 May 2005 Agreed. You're describing a common problem. In engineering practice, the flood Posts: 40 lines are digitized (usually a somewhat more accurate method than scaling) and then superimposed on a drawing as a separate CAD layer. One of th � e problems that I see is that the FEMA/FIRM line should, in general, follow existing contours, and doesn't. In other words, the flood line should overlay existing topography in a believable manner. If the flood line doesn't generally parallel a consistent elevation, there's a problem because actual flooding will follow an elevation that reflects ects theeneral watershed slope. But 9 P that's sometimes not the case. The FEMA/FIRM maps are based on USGS mapping contours, which themselves are, at times, out of date, or simply not reflective of recent physical changes. When that's the case and a particular property has been heavily re- graded, a FEMA/FIRM line that's overlaid on a map can look downright strange. Remember that the Wetland Protection Act (WPA) presumes that FEMA/FIRM maps are accurate. I would suggest that if a flood line looks like it has little relation to reality -- I worked on a site last year where a flood line jumped 12 feet vertically over a 100 foot distance (clearly problemmatic) -- then a commission may consider requesting a specific flood study by the applicant. Be careful not to request flood studies indiscriminantly though -- I often http://maccweb.org/phpBB/viewtopic.php?t=142 1/26/2006 MaccWeb.org :: View topic - BLSF Page 2 of 2 conduct these and can assure you they are expensive. Regardless, their application makes sense on sensitive sites where the overlaid flood line is clearly, for any number of reasons, inaccurate. Otherwise, if a FEMA/FIRM line looks relatively accurate (and let's be frank -- most do), a commission must follow the W#dPA presumption of accuracy. Back to top 1 ar€?a{la) �S� rs'laif j Display posts from previous: All Posts Oldest First Go new:zu . 'o tff MaccWeb.org Forum Index -> Enter Forum! All times are GMT-4 Hours Page 1 of 1 Watch this topic for re.plie' Jump to: Enter Forum! Go You can post new topics in this forum You can reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You can vote in polls in this forum frovaered by phPB i<:)2001,2005 phpl3v Group ........... .. ............ .. ...._..._..... . ............., .. http:/hnaccweb.org/phpBB/viewtopic.php?t=142 1/26/2006 MaccWeb.org :: View topic - BLSF PROJECTS Page 1 of 2 MaccWeb.org MACC's Conservation Connections is our place to share ideas and access our greatest database: you. Conservation Connections i_'.i FAQ Search Mernberlist '-1 l)SergroupS it Profile i You have no new rnessagesi(_ng out [ Alison McKay 1 BLSF PROJECTS (t� ne vt,ai if nosh,us MaccWeb.org Forum Index -> Enter Forum! View previous topic :: View next topic Author Message TRHGGR ❑Posted: Mon Oct 17, 2005 1:45 pm Post subject: BLSF PROJECTS Joined: 17 Oct 2005 Is there any suggested criteria for reviewing Flood Plain projects (other than no Posts: 2 impact/loss of stoage capacity). We have an NOI on a duplex under contruction on a 4800 sq ft lot. The applicant says the foundation is above flood elevation. We have a history with this applicant, none of it good. Is it reasonable to have a 3d"party review the site plan? , Tennis Lilly Chairperson Lawrence Conservation Commission 508 451 2967 Back to tap ( 1— J, I i' tr,# irt,vr Ken Pruitt . . ❑Posted: Mon Oct 17, 2005 2:18 pm - Post subject: __._- !"�.-----t�rat� Joined: 10 May 2005 Hi Tennis, Posts: 64 Aside from flood storage capacity, work in a floodplain can also trigger wildlife habitat analysis (read 310 CMR 10.60). But regarding flood storage, if you have reason to doubt the plans and calculations you are being provided, you may have reason to have a 3rd party review them. Have you adopted consultant fee regulations per M.G.L. ch. 44 sec. 53G? Do you have a municipal ordinance with a provision for charging consultant fees? If yes to either, you may wish to do so. If no to both, I strongly encourage your Commission to adopt consultant fee regulations M.G.L. ch. 44 sec. 53G so that you can charge fees on future permit applications (it would be too late for anything that has already been filed). If you need instructions on how to adopt such regulations, send me an e-mail (ken.pruitt@maccweb.org) and I will reply with MACC's guidance attached. Good luck. i http://!naccweb.org/phpBB/viewtopic.php'?t=46 1/26/2006 " NORTH q O ttti,ED l6 •6 O h..• Q _ Z. O•QA COC„IC(WK„`y1' ��SSACHUS���� CONSERVATION DEPARTMENT (ommunity Development Division To: AG �U l i t1�4� From: Db n e9 Fax: 7k- 3 5a- `7�7/ Pages: P J- Go✓�.e Phone: Date: Re: CC: Le"► woq 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Macc W eb.org :: View topic - Acceptable work in flood zone'! Page 1 of 3 MaccWeb.org MACC's Conservation Connections is our place to share ideas and access ar ; our greatest database: you. MACC Ck3€'lser—fation Connections �I FAQ k Search _ Mernberlist =!Usergroups ""Profile i,l You have no new messages irk Log out (, Alison McKay J t Acceptable work in flood zone? " rwvta t pc�str•rjx6y MaccWeb.org Forum Index -> Main Forum �' i View previous topic :: View next topic Author Message Framingham Agent ❑Posted: Tue Feb 14, 2006 4:54 pm Post subject: Acceptable work in flood zone? Joined: 20 Dec 2005 Performance standards in the wetland protection act states (10.57(4)(a): Posts: 5 "Compensatory storage shall be provided for all flood storage volume that will Location: Framingham, MA be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows." I find the term "in the judgment of the issuing authority" to be a bit vague and up for interpretation. We will be having a project forthcoming proposing to construct a house in the floodzone (on existing lawn). Apparently you can construct the basement so that flood waters can flow unobstructed into the "basement space", thus the only flood storage volume lost will be that of the foundation (cement) width. In the case where a 20X40 foot foundation is being constructed within the floodzone and let's assume that the floodzone extends one foot in this particular area, the project mentioned above would still be displacing 120 cubic feet. Since the entire lot is within the flood zone and the water table is almost at surface level, it doesn"t leave any room for the applicant to create compensatory flood storage. Question 1: what amount of flood storage loss should be considered significant enough to cause an "increase in the horizontal extent of the level of flood waters", and Question 2: Has anyone created regulations that creates better performance standards or acceptable thresholds for work in the floodzone? Michele Grzenda Framingham Conservation Agent Back to top �rrr lcs ...... I ernaal TRHGGR _..._ ❑Posted: Tue Feb 14, 2006 7:00 pm Post subject: DITTO Joined: 17 Oct 2005 This is exactly the type of developement we are seeing in Lawrence in the Posts: 16 Spicket River flood plain...Any guidance? Can a dwelling be built on a "slab"? http://maccweb.org/phpBB/viewtopic.php?t=184 8/29/2006 MaccWeb.org :: View topic - Acceptable work in flood zone? Page 2 of 3 Location: Lawrence Con Com Tennis Lilly Chairperson Lawrence Conservation Commission 508 451 2967 Back to top Al,w ( iM j Ken Pruitt D Posted: Wed Feb 15, 2006 5:08 pm Post subject: (`-=s quote,j In my experience, Conservation Commissions automatically require 1 cubic foot Joined: 10 May 2005 y an of constructed flood storage for each 1 cubic foot filled b project. Posts: 117 9 y ect. It would p j require a complex study to determine if additional fill in small amounts would actually lead to a measurable increase in flooding, so the conservative approach is to always require mitigation. Remember that this is left to the Commission's judgment, and the burden is on the applicant to prove that the fill would NOT cause increased flooding (again, it is likely that an expensive study would be I necessary to meet that burden). By the way, I am highly skeptical of a plan to build a foundation with openings for flood water. What would keep the owner from cementing up the holes later, after the CoC had been issued, so that he could fully utilize his basement for storage or other uses? I would not accept such a proposal if it were up to me - I would require pilings instead. I am unaware of additional performance standards adopted by municipalities on this issue. Perhaps others can add to this discussion. Ken Pruitt Executive Director MACC Back to top ! "t Mel i F patrickgarner ❑Posted: Wed Feb 15, 2006 5:20 pm Post subject: Jj'`''. U�a2e j i Joined: 13 May 2005 Further comments: Posts: 121 > To Tennis' question about "slabs"... Yes, and most homes south of the Mason-Dixon line are built "on slab." Up in N. England, we're actually in the minority w/ full basements (considered a pricey amenity elsewhere). > I agree with Ken that elevated houses should be set on piles. And there are other considerations, such as, will steps into (& out of in the rear) the house be set in the floodplain? If so, obviously compensation is then necessary... > Kens answer to what is significant in terms of loss of storage is excellent. Perhaps another perspective though would be to quantify the total amount of storage per that site (for instance, 21,000 SF of floodplain in the back yard) http://maccweb.org/phpBB/viewtopic.php?t=184 8/29/2006 MaccWeb.org :: View topic - Acceptable work in flood zone? Page 3 of 3 versus the amount lost to the "improvement" (say, 100 SF in the footprint of i the supporting walls). Then you could calculate a percent of impact. In this theoretical case, the impact would be less than one percent. Because the I floodplain studies are themselves a generalism & a broad estimate, a less than one percent impact could be argued as very minimal. On the other hand, Ken's approach eliminates the issue of what is minor, or significant. Back to top [ rons I, rr� ( emil t Display posts from previous: All Posts Oldest First Go �'. oiwwtoplc 14, 1 p'lS MaccWeb.org Forum Index -> Main Forum All times are GMT 4 Hours I I Page 1 of 1 }; Watch this topic for replies Jump to: Main Forum Go I You can post new topics in this forum You can reply to topics in this forum 1 You cannot edit your posts in this forum You cannot delete your posts in this forum You can vote in polls in this forum Povk-red by phpBB©2001,2005 phpBB Group http://maccweb.org/phpBB/viewtopic.php?t=184 8/29/2006 Pagel of 2 McKay, Alison From: McKay, Alison Sent: Wednesday, October 18, 2006 2:27 PM To: 'jacksull53@comcast.net' Cc: Brown, Gerald; Merrill, Pamela; Wedge, Donna; Bellavance, Curt; ScottMasse2 (E-mail) Subject: RE: 58 Glenwood Street Tracking: Recipient Read 'jacksull53@comcast.net' Brown,Gerald Read: 10/18/2006 3:53 PM Merrill, Pamela Read: 10/18/2006 2:45 PM Wedge, Donna Bellavance,Curt ScottMasse2(E-mail) Hi Jack, Thanks for that. i 58 Glenwood I just spoke with Gerry for clarification and yes, he will be lifting the house up on the same foundation with no associated ground disturbance. This being the case, he would not have to file with Conservation. Sorry for the confusion, I am not used to this type of project and reading structural plans. I will be putting together a letter for the file before I can sign off on the building file. I will copy you, the Commission, and DEP. Unfortunately I won't be able to get this letter done until the end of next week or early the following week because I am heading to Florida for a long weekend for my nephew's birthday and then have a meeting on Tuesday and Wednesday night of next week to get ready for. In addition, Gerry indicated that he is away next week, so he wouldn't be able to issue permits next week anyway. As soon as I get the letter written to Mr. Ghamary and for the file I will sign off on the building permit. I will call Mr. Ghamary and let him know that it will be a few weeks before we are able to issue the permit due to the circumstances and nature of the project. Riverfront Regs. specific to your question on new sewer installation within existing roadway 180 feet away from the River. This is a new one for me, I think. Here's what I have: I looked in the regs....but wanted to see if I could get a quicker understanding before I referred back to the regs, so I checked a handbook of mine and found the following: "Sections 6, 14, and 15 of the 1996 Rivers Protection Act contain a total of 13 exemptions. These do not constitute exemptions from the Wetlands Protection Act". Now to the regs...... WPA Riverfront Regs- 10.58(6)(h)calls out the following exemption within riverfront for"the construction, expansion, repair, restoration, alteration, replacement, operation and maintenance of public or private local or regional wastewater treatment plants and their related structures, conveyance systems, and facilities, including utility lines." This appears to be specific to wastewater treatment plants and associated facilities. Don't like a sewer line would fall here......would it??? No other listed exemption is even remotely related to the proposed work. Does this help any? Good luck and let me know if you find out further information in this regard. I am curious.... Thanks again Jack and let me know if you have further questions or concerns in this regard. 10/18/2006 Page 2 of 2 Alison -----Original Message----- From: jacksu1153@comcast.net [mailto:jacksu1153@comcast.net] Sent: Wednesday, October 18, 2006 11:56 AM To: McKay, Alison Subject: re: 58 Glenwood Street Hi Alison I ama just spoke with Mr. Hossein Ghof 58 Glenwood Street and he stated to me that he will be J p �' looking to add a second story to the existing one story house. He will not be demolishing the buildi g. He will be gutting the inside of the first story. Therefore, in summary,he will not be expanding the footprint of the house, he will be adding a second story, and he will not be tearing the house down to the foundation to rebuild. I hope this helps. Let me know about filing and the application dates when you have sorted things out. Thanks again. Jack Sullivan Sullivan Engineering Group, LLC 22 Mount Vernon Road Boxford, MA 01921 978-352-7871 Phone+Fax �I 10/18/2006 McKay, Alison From: McKay,Alison Sent: Monday, October 16, 2006 5:27 PM To: Brown, Gerald Cc: Merrill, Pamela; Bellavance, Curt Subject: 58 Glenwood Street Building Permit application Hi Gerry, As an FYI, I have in my possession the building permit to rebuild the existing home at 58 Glenwood Street for wet proofing purposes, which was received by the building department today. As you are aware, the property lies entirely within the 100-yr floodplain as depicted on the FEMA FIRM maps and as a result was flooded out greater than 50% during the May storm event to require appropriate wet proofing measures of the existing structures pursuant to the building code. I have spoken at length on several occasions with both the applicant and the applicant's engineer. These conversations were mainly based on additional building proposals other than just a rebuild/wet proofing proposal, but conversations on wet proofing only was also discussed. The property and all proposed work scenarios were also discussed during a recent TRC meeting. At this TRC meeting, it was discussed that even if the existing structure where to be raised and the Conservation Commission where to allow the project to move ahead without a local conservation filing due to the significance of the May flooding event (although no formal allowance had been officially granted by the Conservation Commission and it was made clear that the Commission would need to make this final determination)that the project was still jurisdictional under the state Wetlands Protection Act (WPA)and would therefore still require a conservation filing pursuant to the state WPA. I put a call into DEP to verify whether or not work on properties that had been severely impacted by the May floods were/are being considered without the appropriate filing and if any waivers are being considered in this regard. I have not heard where the-state has been taking this approach, so it is to my knowledge at this point that the applicant would need to file a Notice of Intent application with the state in accordance with the WPA and subsequently with the Conservation Commission as the local WPA regulatory authority. Therefore, I am respectfully requesting that you inform your staff and the applicant(if he is to call or come into the office) of the following information only until this department has enough information to make a final decision: that the Conservation Department is in the process of reviewing the permit application and will advise the applicant appropriately upon a determination. Thank you for your attention and cooperation in this regard. Please let me know if you have any further questions or concerns. Alison E.McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20,Suite 2-36 North Andover,MA 978-688-9530 i i McKay, Alison From: Merrill, Pamela Sent: Monday, May 22, 2006 12:08 PM To: McKay,Alison; Wedge, Donna Subject: RE: flood victims j Scott said that the flood victims do not need to file. -----Original Message----- From: McKay,Alison Sent: Monday,May 22,2006 11:42 AM To: Merrill,Pamela;Wedge,Donna;Scott Masse(E-mail 2) Subject: RE:flood victims I had the same question as it relates to emergency clean-ups such as soil testing and removal of contaminated soils from hazardous spills and washed out roads and drainage systems (I will be driving out with Gene Willis in the next day or so to evaluate the areas). Alison -----Original Message----- From: Merrill,Pamela Sent: Monday,May 22,2006 10:00 AM To: McKay,Alison;Wedge,Donna;Scott Masse(E-mail 2) Subject:flood victims I'm sure you've all heard that more than 60 families were displaced because of the recent floods. Some of whom can rebuild, other have had their houses condemned. Can we waive the filing requirements for people who have been effected by the floods? Pamela Merrill Conservation Associate North Andover Conservation Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA 01845 Office: 978.688.9530 Fax: 978.688.9542 1 North Andover Board of Assessors Public Access Page 1 of 1 NoRY9 -�'x of N014h Amklavcr 3 4..-•. •'- sot h � 4 y►: i �n�I •7j9 '�•ne►"T 8�C HuS� Return to the Home page click on logo Map/Block/Lot: 210/007.0-0010- Parcel Address: 58 G 0000.0 New Search RESIDENCE DATA Sales Style: RANCH Total Rooms: 6 Story Height: 1 Bedrooms: 3 Summary Ext.Wall: ALUMNM-VINYL Full Bath: 2 Residence Foundation: CONCRETE Half Bath: Detached Structure Year Built: (1967 Heat Type: HOT Condo Overall Grade: AVERAGE Heat Fuel: OIL Commercial Overall Condition: AVERAGE-GOOD Central Air: YES Comparable Sales Living Area: 1510 sqft. Fireplace: 1 Basement Area: 1510 sqft. Finished Basement: Basement Garage: Capacity: Square Foot: Attached Garage: Capacity: Square Foot: Carport: Trailer: Width: Length: http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=4&LinkId=801211 10/18/2006 Residential Property Record Card.- { PARCEL_ID:210/007.0-0010-0000.0 MAP:007.0 BLOCK:0010 'LOT:0000.0 PARCEL ADDRESS:58 GLENWOOD STREET PARCEL INFORMATION Use-Code: 101 Sale Price: 278,000 Book: 06275 Road Type: -T Inspect Date: 08/11/2003 Owner: Tax Class: T Sale Date: 07/26/2001 Page: 0068 Rd Condition: P Meas Date: 08/11/2003 GHAMARY, HOSSEIN Tot Fin Area: 1510 Sale Type: P Cert/Doc: Traffic: M Entrance: X Address: Tot Land Area: 0.11 Sale Valid: G Water: Collect Id: RRC 58 GLENWOOD STREET Grantor: WILLIAM CIAMPA Sewer: Inspect Reas: C NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% 100/100 Comm-BLIND Indust-B/L% 0/0 Open Sp-B/L% 0/0 RESIDENCE INFORMATION LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4 Style: RN Tot Rooms: 6 Main Fn Area: 1510 Attic: Story Height: 1 Bedrooms: 3 Up Fn Area: Bsmt Area: 1510 Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class Roof: G Full Baths: 2 Add Fn Area: Fn Bsmt Area: 1 P 101 S _ - 5000 0.11 155,934 Ext Wall: AV Half Baths: Unfin Area: Bsmt Grade: DETACHED STRUCTURE INFORMATION Masonry Trim: Ext Bath Fix: Tot Fin Area: 1510 Str Unit Msr-1 Msr-2 E YR-Stt Grade Cond%06od P/F/E/R Cost Class Foundation: CN Bath Qual: T RCNLD: 149967 F Kitch Qual: T Eff Yr"Bunk: 1975 . Mkt Adj: 1.2 SE S 64 r 1988 A A 50// 200 Type: PV S 512 1988 ' " A A 50///50 10,300 Heat T HW Ext Kitch: Year Built: 1967 / Sound Value: L s Fuel Type: O `Grade A Cost Bldg: 180,000 VALUATION INFORMATION Fireplace: 1 Bsmt Gar Cap: Condition: AG All Str Val 1: Current Total: 346,400 Bldg: 190,500 Land: 155,900 MktLnd: 155,900 Central AC: Y Bsmt Gar SF: Pct Complete: Att Str Va12: Prior Total: 323,900 Bldg: 179,500 Land: 144,400 MktLnd: 144,400 Att Gar SF: %Good P/F/E/R: 1100/100/83 Porch Tvoe Porch Area Porch Grade Factor E 108 W 84 SKETCH PHOTO 20 19j 6 84 Sq.R. 6 _ 14 a/ri 1 E 1510 Sq.R. ' If 108 S1 A. 18 18 23 - 22 58 GLENWOOD STREET Parcel ID:210/007.0-0010-0000.0 as of 10/18/06 Page 1 of 1 8 ` f�i�NG"' t�w�1 GfrOCA+ld �.�Cv�T�rE3`'1 /i,6 �. POct Wold. be- �in�oor +ak. vo ��� roll S we:� prc790 CA A TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW I] C ' , 2 DATE OF THIS NOTICE MQU i , ►99R NAME OF OFFENDER [hi' -1 i rl v < r/4mz2 a_... ADDRESS OF OFFENDER CITY,STATE,ZIP CODE J -- DATE OF 81RTH OF OFFENDER Ag d X6 Aj_ MV OPERATOR LICENSE NUMBER MV/M8 REGISTRATION NUMBER OFFENSE: L, P 47, 0 Jam, Ph 1 l�Pr (' t rr (14201 ill(►'fi TIME AND DATE OF VIOLATION (A.M.) (P.M.)ON rn l U LOCATION f OF VIOLATION / AT Fy) G 4 SIGNAOF ENFORCING PERSON: ENFORCING DEPARTMENT ' ` ti i I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION X ❑ Unable to obtain signature of offender. Date Mailed 0 Citation mailed to offender O n s_1 b_g g THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 1uAeAJ1tV4L YOU HAVE THE FOLLOWING ALTERNATIVES WITHE ARD TO DISPOSITION OF THIS MATTER. (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted,before:The Conservation Office,Town Hall, 120 Main St., North Andover,MA 01845 OR by mailing a check,money order or postal note to the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)If you desire to contest this matter in a non-criminal proceeding,you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21 D non-criminal (3)If you fail to pay the above fine or to appear as specified,a criminal complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ 0 ❑ B.I HEREBYREQUESTa non-criminal hearing on this matter. � SignatLi�e Amt_ 1 WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY Town of North Andover NORTH OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES - . p 41 - 30 School Street WILLIAM J. SCOTT North Andover,Massachusetts 01845 'y 4`S 9S ACHUS Director May 18, 1998 Mr. and Mrs. Ciampa 58 Glenwood Street North Andover, MA 01845 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. Ciampa: On May 8, 1998 and May 15, 1998, this department visually observed an "alteration" that took place at the above referenced property on a Bank to the Shawsheen River. The term "alteration" includes, but is not limited to, the placement of fill, excavation, or regrading (Section II. (b) of the North Andover Wetland Regulations). The specific fill that was-dumped in this area is yard waste (i.e. leaves) and needs to be removed. There is a 25' No Disturbance Zone from the edge of the Bank to the Shawsheen River and disturbance of any kind is prohibited. Any work that is proposed within 100' of a Bank or Bordering Vegetated Wetland (BVW) is subject to a RDA or NOI 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,Tune 1,1998 for removal of this waste. Failure to comply with the above mentioned deadline will require your attendance at a public meeting before the NACC, and/or additional penalties and/or fines. Please refer to the attached Enforcement Order and Violation Notice. Should you have any comments, questions, or concerns, feel free to contact me at (978)688-9530. Thank you for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 S' rely, Richelle Martin Conservation Associate Cc: Michael D. Howard, Conservation Administrator NACC members Dep-Nero Shawsheen River Watershed Council File 31Q C: 14 . 99 CE' F P'c^ 9 Ca Gc yrc-,dc.d 'ay Com') lwcaicx.nt C--.-r---"c -.:ea_ cf �33SdC SZC;3 e3' IVet7, -Isyr;C�CC`t _:t � �� [ �. C•. t..-i �' lG-- ?`iu u�fut 7C',.^�1 Cc 8'_L=_r , 7r1,,\T -.. 1 l �'rl � -� S C r a D A-- i Ca___ c_ Ju �- r--r ' . =/ca=se'_ .. e—' woo J cf -ILb 0,-eXCJqd cc:e *e7.; cs -zzCac= Ac-, L C Cr ..as CeP,;L./ ee::I_s ce__ _ =ate __a c_ce_ c, Cc.._____C2 _33l.eC i .tee_�==aess;.--- _= ec,_ce: cease e _st -_ca _ 7:`:e= ac=_ -a'==_c=__ 9 a�C, BC-''C Q fc—a anal gLar s as rac.;irad 'Ly a %c z s=d 5ha?L be ?e' cr. G be fare (d3`"2) f e, 4c_k a;.si'_ be oar`_c��e� _= a Yt= bas__. "a3 �eer_ ce:� n,. +_ a. C� @� C� CCi.C; _ :3 G33 ;9eC y331_@� C8C C. Q a , - cer-z C•.rze= o--:a_ ( Xp_dc,_:,) h � a d gad Lr�e d vn� tags d D� r�.�nov�-I � was • c== —, ,Cha e_ =.a- CCi"s.t'_`_a 7- ,Gs ,`_:_tz use=s, e=s, dssSC , rii:CeV@= T_..._3C29 d_^'1 _..'• :cC C= ��:=3 3eC_ 3G=;_ bV 3e C »C� = �..�1.:. t'.+e �i-�_ve :CC�»C=? V.9�3 C= cf Qua ze v,�er .r ��7 C.;•�"" �iy iJG�i-? C�,�r:- �i'-- -C -. •'e2. � e - C cr c@r-z__-ec TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW GATE OF THIS NOTICE 00212 '. NAME OF OFFENDER ^ ' ADDRESS OF OFFENDER ITY,ST TE,ZIP,CODE DATE OF BIRTH OF OFFENDER MV OPERATO U ENSE NUMBER ` MV/MB REGISTRATpN NUMBER OFFENSE: - TIME AND DATE OF VIOLATION rn //'(• LOCATION OF VIOLAT,�ON AT SIGUKT RE OFF ENFCING P RSO Gl . EyNFORCING DEPAgTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION, X Unable to obtain signature of offender. Date Mailed Citation mailed to offender THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before:The Conservation Office, Town Hall, 120 Main St., North Andover, MA 01845 OR by mailing a check, money order i y er or postal the Conservation Office WITHIN T P al note E WENN-ONOF THE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)If you desire to contest this matter in a non-criminal proceeding, you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21 D non-criminal (3)If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ ❑ B.I HEREBY REQUEST a non))-criminal hearing on this matter. SignatrxV,el OY /NU i WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY