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Home My WebLink AboutMiscellaneous - 59 COURT STREET 4/30/2018 (2) Sri CA1�t St . F� � v OFFICE:(978)687-2783 FAX:(978)687-3042 ` e-mail:levisco@verizon.net WWW LEVIS COMPANIES, INC. GENERAL CONTRACTING SPECIALIZING IN REHABILITATION OF OLDER PROPERTIES (RESIDENTIAL&COMMERCIAL) JOE LEVIS 160 PLEASANT ST. P.O.BOX 952 NORTH ANDOVER,MA 01845 LAWRENCE,MA 01842 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE 21 ,7oyw__ ;a C NAME OF OFFENDER 7;zj )mil I S ADDRESSOf,OFFENDER (con .�✓ r S'f�Ut� CITY,STATE,ZIP CODE UDATE OF BIRTH OF OFFENDER �i�� + ► � MV OPERATOR LICENSE NUMBER MVMIB REGISTRATION NUMBER OFFENSE: 1 TIME AND DATE OF VIOLATION_zlo 1)6S2 A; LOCATION VIOLATION AT ,:a (_(ii f SIGNATURE'OF ENFORCING PE N _ % I t• ENFORCING DEPARTMENT-j' Jrl 1 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,27 Charles 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$ ❑ B.I HEREBY REQUEST a non-criminal hearing on this matter. Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 - Enforcement Order 's Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L A. Violation Information OLE copf Important: When filling out This Enforcement Order is issued by: forms on the North Andover Conservation Commission June 21, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Joseph Levis return key. Name of Violator 160 Pleasant Street, North Andover, MA 01845 Address 1. Location of Violation: ' Marianne S. Levis Property Owner(if different) 59 Court Street Street Address North Andover 01845 Citylrown -- Zip Code Map 58 Parcel 4 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): The Enforcement Order is being for altering land within the Buffer Zone without an Order of Conditions at 59 Court Street, North Andover. Please see the attached letter prepared by the North Andover Conservation Department, dated June 21, 2006 for additional information, and specific conditions and deadline dates. 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). wpafonn9a.doc-rev.7/14/04 Page 1 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 B. Findin `s 6 `if,_J ❑ 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 authority. wpaform9a.doc•rev.7/14104 Page 2 of 4 LJMassachusetts 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 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 A. Merrill, Conservation Associate or Alison McKay, Conservation Administrator Name 978.688.9530 Phone Number Monday-Friday, 8:30 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 atthe next sch meeting of the Commission. Signa s: r, All Signa ure of delivery person or certified mail number wpaform9a.doc•rev.7/14/04 Page 4 of 4 i ' NORTH OF�t�ao '6gti0 OL o h 'SSAtHVS�t CONSERVATION DEPARTMENT Community Development Division June 21, 2006 Mr.Joseph Levis 160 Pleasant Street North Andover,MA 01845 HAND DELIVERED RE: ENFORCEMENT ORDER-59 Court Street,North Andover,MA Dear Mr. Levis, This letter and attached Enforcement Order are being issued to you, as the person who is ultimately responsible for the actions and / or work performed at the above referenced property.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. FACTS& FINDINGS As you are aware,on Tuesday,June 20,2006 while driving past the 59 Court Street,North Andover, I observed a potential wetland violation. Specifically altering land within the 100-foot Buffer Zone associated with a jurisdictional Bordering Vegetated Wetland(BVW) connected with an unnamed intermittent(seasonal) stream. It's my understanding that you're in the process of re-grading your front lawn and installing a new driveway. Furthermore,you were also in the process of re-grading the steep slope between your property and your neighbor's property at 49 Court Street in an effort to make it a more gentle slope. It was determined that the work being conducted in the front of the house is outside of the 100-Buffer Zone. However, the filling and grading work along the right property line was being conducted approximately 60-feet from the bank associated with the adjacent intermittent stream. During our discussion yesterday,I explained that these activities where being conducted without a valid Order of Conditions.As such,these unauthorized activities constitutes as violations under both the Town of North Andover Wetlands Protection Bylaw (Chapter 178 of the Town General Laws) and the MA Wetlands Protection Act (M.G.L. c.131 §40) and its Regulations (310 CMR 10.00— 10.60). Please be aware any work proposed within 100-feet of a jurisdictional wetland resource area must be preceded by a Request for Determination of Applicability (RDA) or Notice of Intent(NOD filing 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 (whichever is appropriate) before the North Andover Conservation Commission (NACC),in accordance with the MA Wetlands Protection Act, (M.G.L. c.131, §40) and the Town of North Andover Wetlands Protection Bylaw, (Chapter 178 of the Town General Laws). The North Andover Conservation Department is (NACD) hereby mandating the following conditions under this Enforcement Order: You shall immediately install erosion control (trenched silt fence, 4—6 inches in the ground and backfilled,backed by double staked hay bales) along the toe of slope / limit of fill to prevent any soils from migrating towards the adjacent stream.This shall be completed no later than Friday, Tune 23,2006. e• In order to decrease the potential for soil erosion in the event of a rainstorm, the Conservation Department will allow you to complete the grading work in the back yard,including loaming and seeding.Additionally,you will be required to mulch the exposed soils with hay to provide temporary erosion control.This work shall be completed by Friday,Tune 30,2006. At this time this Department has elected to levy a$200 fine.A check shall be made payable to the Town of North Andover.The check and signed violation ticket shall be dropped off at the Conservation Department within 21 days from the date of this letter. 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 additional fines of not more than $300.00. Each day or portion thereof during which a violation continues,or unauthorized fill or other alteration remains in place,shall constitute a separate offense,and each provision of the bylaw, regulations,permits,or administrative orders violated shall constitute a separate offence'. Should you have any question or comments regarding the contents of this letter,please do not hesitate to contact the undersigned at 978.688.9530 at your earliest convenience.Thanking you in advance for your anticipated cooperation in this matter. Respectfully, NORT DOVER CO S RVATION DEPARTMENT Pamela A. Merrill Conservation Associate Enc. Cc: Alison McKay,Conservation Administrator Curt Bellavance,AICP, Community Development Director Department of Environmental Protection,NERO,Wetlands Division Marianne S.Levis, 59 Court Street,North Andover North Andover Wetlands Protection Bylaw,Section 178.10,Enforcement,Investigations&Violations. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.http://www.townofnorthandover.com/conservel.htm r� i r t TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE Z' C�VY IG ti✓�/W NAME F F NOER Lew>' ADDRESSNDER iC0O 103-1: t- TY STA ,ZIP DE ( DATEOF BIRTH OF OFFENDER MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: Qn rOn2M j n ale . sec, am '2@ d 2t TIME OVOA ,AAM. � r V ^V, zV 2dXp LOCATION VIO ION AT E ORRCIN�PAARRTMENT I HEREBY ACKNOWL DGE RECEIPT OF THE FOREGOING CITATION r X ❑ Unable to obtain signature of offender. Date Mailed ❑ Citation mailed to offender THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 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,27 Charles 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 cepy 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. Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY TOWN OF NORTH ANDOVER . NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE LI JVlne, z-om NAME F F NDER /ADDRESS 9F.P4NDER i1(0/ti IT STA ,ZIP DE / DATE OF BIRTH OF OFFENDER V OPERA R LICENSE NUMBER_ MVMIB REGISTRATION NUMBER OFFENSE: TIMEi AN ATE OF VIOLA LOCATION W_YIOCATION AT OF F E ON a FjIGQRCING DEP MENT I HEREBY ACKNOWL DGE RE EF GOING CITATION X ❑ le to obtain signature of o der. 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,27 Charles 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: r 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 this Signature WHITE.OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY RECEIVED 06'� JUN 2 7 2000 NORTH ANDOVER CONSERVATION COMMISSION SHAWMUT REALTY TRUST SoTMm 3900 Nrw HnnnSFnaF 160 PLEASANT STREET - NORTH ANDOVER, MA 01845 6/27/2006 PHONE(978)687-2783 54-185/114 x n c 0 PAY _ TO THE Town of North Andover **200.00 ORDER OF d Two Hundred and 00/I00*****************************************************************************:*****************� m DOLLARS Town of North Andover 1600 Osgood Street 8 Building 20 Suite #2-36 IZED 'NIATURE MEMO 59 Court Street C6mftvoftn DGPWbMM 111003900110 1:0 L L40 LB SOI: LO L 2 S L Wm