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HomeMy WebLinkAboutMiscellaneous - 614 FOREST STREET 4/30/2018 (3) 60 r i I I EA.Y FOR r L��Q� / DATE F �6 TIME 9'-�a W- . M OF FAX /� G !/� RE1 URNEQ, PHONE 0 MOBILE % 7Q _ 7 0©O YtUR CALF; AREA CODE NUMBER EXTENSIONIF EASECALLs MESSAGE WILL CALL; 7-ST RCAIN id S r SIGNED Sbft F __ I� i � s NOTES-_ Aa I A.M. f FOR DATE-TIME-P.M. i P M u 2 OF PHONED ❑Fax [� tl AEtUFNED PHONE ❑MOBILE {2 2 77— 0 0 0Y YDIJR CAUL•; PPREA CODE NUMBER, 'E'R,vERTE�-N Iq MES;SyAGE -a t P►�5� y'l�1i1 S�0.�T^��(TQ., WILL ALL AGAIN CAME TO nc> o r S> Y- .q l WPNTS TO aatal,s- &tsIr ^ IAd f 6f► ' SEEYL7U SIGNED 0.m I ? Qf � FORM 4002 i 1 J Residential Property Record Card PARCEL ID:210/105.D-0127-0000.0 MAP:105.13 BLOCK:0127 LOT:0000.0 PARCEL ADDRESS:614 FOREST STREET FY:2011 PARCEL INFORMATION Use-Code. 101 _ Sale Price:_ 509,000 Book: 1129.7_ Road Type: T Inspect Date: 05/07/2009 Tax Class: _ T.__ Sale Date: 08%27/08Page: 313 Rd Condition: P Meas Date: 05/01/2009 Owner: Tot Fin Area: 2898 Sale Type: P Cert/Doc: Traffic M Entrance: X STEIN,GREGORY E. -- YP. - _-- Tot Land Area: 1.00 Sale Valid: Y �� Y Water. Collect Id: RB STEIN, MICHELE J. - - - - ' Grantor: SNDERSON�� Sewer. _ Inspect Reas: S Address: - -- -- - _ - - — - - - 614 FOREST STREET Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LP/° Indust-B/L% / Open Sp-B/L% / NORTH ANDOVER MA 01845 RESIDENCE INFORMATION LAND INFORMATION Style: CP Tot Rooms: 9 Main Fn Area: 1696 Attic: N NBHD CODE: 6 NBHD CLASS: 6 ZONE: R1 Y - - - - Se Type Code Method S Ft Acres Influ-Y/N Value Class Story Height: 1_.75 Bedrooms 4- Up Fn Area: 1202 Bsmt Area: 1696 9. ---- - - - n- 1 P 101 S 43560 1.000 - 206,910 Roof: G -_ Full Baths: _ 2 Add Fn Area: Fn Bsmt Area: 500 EztWall:- WAV Half-Baths: 1-- Un'fin Area: 288 Bsnt Grad'e: DETACHED STRUCTURE INFORMATION Mason Trim:_ Ext Bath Fix: _ 0 Tot Fin Area: 2898 Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond%Good P/F/E/R Cost Class_ Foundation: CN Bath Qual. T RCNLD. 324678 r SIE S 80 0.00 1988 A A ///88 200 Kitch Qual: T Eff Yr Built: 1987 Mkt Adj Type:Heat T e: HW_ Ext Kitch. __ Year Built: X1986 ; Sound Value: VALUATION INFORMATION _ _ - . _ Fuel Type; O _ _ _ Grade: G Cost Bldg: 324,700 Current Total: 531,800 Bldg: 324,900 Land: 206,900 MktLnd: 206,900 Fireplace: 1 Bsmt Gar Cap: -Condition: G AftStr Val 1: Prior Total: 536,000 Bldg: 329,100 Land: 206,900 MktLnd: 206,900 Central AC: N Bsmt Gar SF: _ Pct Complete: Aft Str Va12: - Aft Gar SF: 576%Good P/F%E/R: /100/100/89 Porch Type Porch Area Porch Grade Factor P 50 W 196 SKETCH PHOTO IA- 14 196 4.0ft 74 lan 4n / 6 U"0.5/G Fhb R FU'0.75/FM 576 Sq. 1& 1536 Sq.R 24 24 30 55 .R 24 y x: 24 09122t2OO6 11.27 614 FOREST STREET Parcel ID:210/105.D-0127-0000.0 as of 7/6/11 Page 1 of 1 RECEIVED v.s� Wetlands & AUG 2 6 2003 —PGO ...:_. Land dlV�anaement Inc. NORTH ANDOVER CONSERVATION COMMISSION August 22, 2003 Julie Parrino North Andover Conservation Commission 27 Charles Street North Andover, MA 01845 RE: Matt and-.DoniiaCAiiderson--61-4-Forest'Sfreet Coinp!eti6 ifU the buffer"zone restoration areae; Dear Ms. Parrino: The Andersons have completed the buffer zone restoration plantings at their home at 614 Forest Street. I inspected the the site on August 22,2003 and noted the following plants recently installed: 10 white pine shrubs 10 Arrowwood shrubs 10 high bush blueberry shrubs 3 red oak shrubs. The plants were installed in accordance with the restoration plan approved for this property. Additionally, I noted several indigenous stump sprouts and seedlings regenerating the area as well. This concludes the initial requirements of the restoration plan. I will continue to monitor the area to ensure plant survival and complete restoration of the no-disturb zone of the adjacent vernal pool. Sincerely, Wetlands and Land Management, Inc. William J. Manuell Professional Wetland Scientist CC: Matt &Donna Anderson 500 Maple Street, Danvers, Massachusetts 01923 Tel 978-777-0004 •Fax 978-777-6363 RECEIVED Wetlands & JUN 2 3 2003 _.r > NORTH ANDOVER I __.. Land Management Inc. CONSERVATION COMMISSION June 23, 2003 Julie Parrino North Andover Conservation Commission 27 Charles Street North Andover, MA 01845 RE: Buffer Zone Restoration Plan—614 Forest Street Dear Ms. Parrino. Attached is the wetland restoration plan I developed for Mr. and Mrs. Anderson at 614 Forest Street. I believe this addresses the necessary information outlined in the enforcement letter dated June 13, 2003. The best time for planting would be the fall season, beginning around September 1. This will avoid the(wishful thinking!)hot summer season that tends to stress newly installed trees and shrubs. The ground cover is completely intact as all the cutting work was done by hand cutting. The area of cutting is also virtually level so I don't believe there is any threat of. sedimentation to the adjacent ephemeral pool. Accordingly, no erosion controls are proposed. Please call me if you have any questions or comments regarding this plan, otherwise the property owner will proceed as outlined. Sincerely, Wetlands&Land Management, Inc. Lid)-Q William J. Manuel Profession eland Scientist 500 Maple Street, Danvers, Massachusetts 01923 Tel 978-777-0004 •Fax 978-777-6363 C. x Wetlands & Land Management, Inc. Buffer Zone Restoration Methodology 614 Forest Street, North Andover The property owner at 614 Forest Street has initiated unauthorized cutting of trees in buffer zone to a certified vernal pool. Additionally, grass clippings were found in the vernal pool as well. This work was conducted within areas subject to jurisdiction under State, Federal and local wetland protection regulations. The recent unauthorized work included cutting of approximately 38 trees and shrubs ranging from two inches in diameter to approximately 14 inches in diameter. Approximately 32 trees consisted of white pine(Pinus strobus)trees and shrubs. Four trees were red oak (Quercus rubra) and two were black cherry(Prunus pennsylvanica). The area of clearing was approximately 45 feet deep by 25 feet wide. Cut-up log sections were stacked approximately 50 feet from the limit of wetlands at the site. Grass clippings of various ages were noted in the wetland as well. There was no ground alteration or earth disturbance resulting from the proposed work. The cutting was accomplished by physical labor using a chain saw and manual labor to remove tops and branches. Tops, branches and debris were taken to the Town brush recycling center. The existing property has an existing dwelling, drive, shed, landscaping and utilities. Maintained lawn area extends to approximately 85 feet behind the existing dwelling. Prior to cutting, a white pine wooded buffer extended approximately 60 feet wide between the limit of maintained lawn and the adjacent vernal pool. Adjacent undisturbed wooded areas consist of second growth pine of variable size ranging from two inches to about 14 inches. Many of the trees cut were distressed of dead. Forest Street is to the south(front of the lot). Scott Circle is to the(left) T� west. ITU wetlands aid vernal Pool are to the nortr.(back) of the property. Another residential dwelling is located to the east(right)of the property. The undisturbed forest to the east appears to be representative of the profuse growth of varying age pine. The shrub and understory layer were spars at best owing to the probable lack of sunlight reaching the forest floor. This is in marked contrast to wooded areas off the site to the northeast, where mature red oak over story and sweet pepperbush shrubs dominate the plant community. Wetlands&Land Management Inc. has visited the site to determine wetland boundaries and to determine to the extent of un-permitted work. The cutting was performed with the buffer zone of an isolated vegetated wetland. The Natural Heritage Atlas, 2000-2001 indicates the property is within estimated habitat of rare wetlands wildlife and the wetland in question is a certified vernal pool. S x Wetlands&Land Management, Inc has placed six flags to delineate the limit of vegetated wetland closest to the proposed work. The indigenous vegetation immediately adjacent to he vernal pool is undisturbed and no ground alteration occurred. Wetlands were evaluated using delineation methodology established in the Wetlands Protection Act and the Department of Environmental Protection"Delineating Bordering Vegetated Wetlands Handbook" dated 1995, and the US Army Corps of Engineers Manual(1987). These regulations and methodology incorporate the evaluation of hydric soils, predominance of wetland vegetation and wetland hydrology to evaluate the upper limit of vegetated wetlands. The following is a suggested methodology and sequence to complete the restoration effort. The North Andover Wetlands by-law establishes a fifty-foot no-disturb zone from the edge of ephemeral pools. The intent of this restoration effort is to restore upon maturity, a wooded buffer area of similar density, (but increased species diversity) as the adjacent undisturbed buffer area to the east. • The property owner shall remove all grass clippings from the adjacent vernal pool. No cuttings will be deposited within fifty feet of the ephemeral pool in the future. • The property owner will remove the stockpiled logs from the impacted buffer zone area, reserving 12 of the largest diameter sections of log that remain. • The impacted area shall be planted with a variety of deciduous shrubs and evergreen trees. The present stumps shall be left in the ground to decompose naturally. The owner shall install woody tree and shrub species including white pine, red oak, high bush blueberry (Vaccinum corymbosum) and sweet pepperbush (Clethra alnifolia), between the remaining tree stumps. • The reserved log sections shall be dispersed over the ground surface amongst the newly planted shrubs in order to provide shelter and burrowing cover for the adjacent vernal pool species. The intent of this restoration effort is to provide a combination of woody trees and shrubs within the area of cutting in the regulatory no-disturb zone. Nursery stock planting will provide the initial plant coverage. It is expected that since the canopy is now released from the near 100% coverage of white pine, the adjacent buffer zone will volunteer species to the restoration area as well augmenting the herbaceous plant layer. Presently, the area was so shaded by the white pine canopy that herbaceous layer and the woody shrub layer were virtually absent. In order to assure re-vegetation success, the owners should provide a written report to the Commission after plant installation and at the end of the first growing season. The report should initially document the number and species of plants installed, and then document the survival and apparent health of the plants and the progress of vegetation restoration. Additional planting with nursery stock at the end of the first growing season may be necessary to correct deficiencies in species distribution or density. Buffer Zone Restoration Planting Schedule 614 Forest Street North Andover, MA Restoration �R_esi®re125+/- square feet of upland shrub/forested buffer zone no-disturb zone Planting Schedule Area Square Feet Plants Size Spacing No-Disturb Zone— Provide 1125+/- square 10 each of white pine 3-4 feet high Evenly spaced among Revegetate with feet of no-disturb zone (Pinus strobus), high the cut stumps, covering indigenous upland trees restoration bush blueberry the entire area. Disperse and shrubs. Disperse (Vaccinum the saved sections of tree sections of pine logs corymbosum), sweet logs amongst the newly throughout the area to pepperbush(Clethra planted trees and shrubs. provide ground cover for alnfolia). Plant three burrowing amphibians red oak Quercus rubra) Town of forth Andover of ��o F?b`�a `e•6 OL9 Office of the Conservation Department Community Development and Services Division "G 27 Charles Street ��Ssaca+u tsh Julie Parrino North Andover, Massachusetts 01845 Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 June 27,2003 Mr. &Mrs. Anderson 614 Forest Street North Andover, MA01845 RE: Review of Restoration Report Dear Mr. &Mrs. Anderson: The Conservation Department is in receipt of the Buffer Zone Restoration Report dated June 23,2003,prepared b Wetlands&Land Management for the altered areas within 50 feet of a P P Y g certified vernal pool. The restoration report was submitted in accordance with the requirements of the Enforcement Order issued June 13,2003 by this Department. I conducted a site visit of the property on June 26,2003 to evaluate the extent of disturbance and to review the wetland delineation and proposed planting plan. Upon review of the site and report, the Conservation Department hereby approves the proposed restoration activities as outlined in buffer zone restoration report. I recommend the proposed sweet pepperbush be replaced with a hathorne species. In regards to the placement of your screened gazebo, the Conservation Department will allow it to be placed within the 75' No-Build Zone,but outside of the 50' No-Disturbance Zone. The structure must be placed greater than 50 feet from the wetland flags and no additional disturbance or tree removal will be allowed for the placement of the structure. Restoration must be completed no later than September 15, 2003. Plantings must be installed under the guidance of the wetland specialist and a report must be submitted by the wetland specialist to this Department following the completion of the restoration activities. If you have any questions,please feel free to contact me. Since e y> 1r L_*4s o,Co4servation Administrator cc: NACC Heidi Griffin, Community Development Director William Manuell,Wetlands and Land Management file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 L1 Town of North Andover t5¢S.t[a.eR9Y� . Office of the Conservation Department Community Development and Services Division $ _ . Aygs 171!0�'1 27 Charles Street. sp=testi Alison McKay North Andover,Massachusetts 01845 Y Telephone(978)688-9530 978 Conservation Associate Fax( )688-9542 June 13, 2003 Matthew & Donna Anderson 614 Forest Street. North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 614 Forest Street Violation of the Massachusetts Wetland Protection Act(MGL c.131 s.40) and North Andover Wetland Protection ByLaw(c.178 of the Code of North Andover). Dear Mr. &Mrs. Anderson: During a routine building inspection for a proposed shed conducted by the Conservation Department on June 12, 2003, it was observed that clearing/cutting activities had occurred within the 100-foot buffer zone of a protected wetland resource area. Also observed were grass clippings in the resource area, which is considered a wetland fill and is also a violation. Upon further investigation of in-house resources, it had come to my attention that the resource area is in fact a Certified Vernal Pool within Estimated Habitat as noted on the Natural Heritage & Endangered Species Program Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map. Said resource areas are subject to protection under the Massachusetts Wetland Protection Act (the "Act') M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the "Bylaw")Section 178. At the time of my inspection, I spoke with both of you to discuss the issues and how to proceed with rectifying the violation activities. In addition to maintaining a 50' no- disturbance zone from an ephemeral pool, a 75' no-construction zone is also enforced in the "bylaw". Therefore the proposed shed shall be 75' away from the determined resource area unless otherwise approved by this Department Specific wetland resource areas affected by the clearing/cutting activities include the following: • 100-Foot Buffer Zone (NACC Bylaw Section I.C.); • 50-Foot No Disturbance Zone of an Ephemeral Pool (NACC Bylaw Section IUA4.) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 ORDER: Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating the restoration and removal of all unauthorized material, debris (tree cuttings/grass clippings) located within the resource area and within the 50' no-disturbance zone. This restoration work shall be conducted in accordance with the conditions described below. The property owner shall immediately take the following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the clearing activities delineated by a qualified wetland biologist. 2. Wetland Restoration Report A report shall be provided to the NACC in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and P the proposed restoration (wetland resource areas and 50' No-Disturbance Zone) including the sequence of work, proposed resource area plantings strategy, anticipated future construction and landscaping activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the wetland resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. The above required Reports and Plans must be filed with the Conservation Department no later than July 7, 2003. Upon review and approval of the wetland restoration report, the Conservation Department will determine a final completion date for plantings. The violations as documented herein are subject to a $300 per day penalty' until such time as the impacted resource areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected to waive the fine. However, we reserve 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. 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 1 In accordance with the provisions of MGL cAO s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw(REV May 1993/REV October 1998) 3 is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt Relevant documents to assist you with bringing the site to compliance were previously faxed to you. Please feel free to contact me at any time if you have further questions or concerns in this regard. Your anticipated cooperation is appreciated. Sincerely, Alison McKay Conservation Asso ate Encl. CC: NACC Ms. Heidi Griffin, Community Development Director DEP-Northeast Region file Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A '- Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 06-13-03 computer, use Conservation commission(issuing Authority) Date only the tab key to move To: your cursor- do not use the Matthew& Donna Anderson return key. Name of violator 614 Forest Street Address 1. Location of Violation: ' SAME Property Owner(f different) 614 Forest Street Street Address North Andover 01845 Cityfrown Zip Code 105D 127 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Clearing/cutting activities within the buffer zone of a protected wetland resource area without a valid Order of Conditions. The resource area has been determined to be a Certified Vemal Pool and is within an area of Estimated Habitat of Rare Wildlife. The Gearing/cutting activities is in violation of the Wetlands Protection Act(MGL c.131 s.40) and the North Andover Wetland Protection Bylaw(c. 178 of the code of North Andover). The Bylaw enforces a 50'no-disturbance zone from a certified Vernal.Pool. B. Findings The Issuing Authority has determined that the activity described above 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 beenfis being conducted without a valid Order of Conditions. ❑ the activity has been/is-being conducted in violation of the Order of Conditions issued to: wpaform9a.doc•rev.17/15/00 Page 1 of 3 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 Name Dated File Number Condition number(s) B. Findings (cont.) ® Other(specify): See attached Enforcement/Violation Letter 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. El Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before 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: See Attached Cover Letter 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 wpaform9a.doc•rev.12/15/00 to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of contipAdkgr3 K Massachusetts Department of Environmental Protection DEP File Number: �. Bureau of Resource Protection -Wetlands WPA Form 9A - Enforcement Order i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: Alison McKay, Conservation Associate Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday-Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action,an Enforcement Order may be signed by a single member or agent of the Commission and ratifi majority of the members at the next scheduled meeting of the Commission. Signa s: Signature of delivery person or certified mail number wpafonnga.doc•rev.12/15/00 Page 3 of 3 Town of North Andover Yi4�wso ,°'4grd . Office of the Conservation Department Community Development and Services Division O� 04SY0'� 9 +• 27 Charles Street C U Alison McKay North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Associate Fax(978)688-9542 June 13, 2003 Matthew & Donna Anderson 614 Forest Street. North Andover, MA 01845 RE: ENFORCEMENT ORDER: Property at 614 Forest Street P Violation of the Massachusetts Wetland Protection Act MGL c.131 s.40 and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. &Mrs. Anderson: During a routine building inspection for a proposed shed conducted by the Conservation Department on June 12, 2003, it was observed that clearing/cutting activities had occurred within the 100-foot buffer zone of a protected wetland resource area. Also observed were grass clippings in the resource area, which is considered a wetland fill and is also a violation. Upon further investigation of in-house resources, it had come to my attention that the resource area is in fact a Certified Vernal Pool within Estimated Habitat as noted on the Natural Heritage & Endangered Species Program Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map. Said resource areas are subject to protection under the Massachusetts Wetland Protection Act (the "Act") M.G.L. c.130, s.40 and the North Andover Wetland Protection Bylaw (the "Bylaw")Section 178. At the time of my inspection, I spoke with both of you to discuss the issues and how to proceed with rectifying the violation activities. In addition to maintaining a 50' no- disturbance zone from an ephemeral pool, a 75' no-construction zone is also enforced in the "bylaw". Therefore the proposed shed shall be 75' away from the determined resource area unless otherwise approved by this Department Specific wetland resource areas affected by the clearing/cutting activities include the following: • 100-Foot Buffer Zone (NACC Bylaw Section I.C.); • 50-Foot No Disturbance Zone of an Ephemeral Pool (NACC Bylaw Section IIIA4.) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 ORDER: Acting as an Agent of the Commission under MGL C.40, S.21D and the Act (310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating the restoration and removal of all unauthorized material, debris (tree cuttings/grass clippings) located within the resource area and within the 50' no-disturbance zone. This restoration work shall be conducted in accordance with the conditions described below. The property owner shall immediately take the following actions: 1. Wetland Field Delineation The property owner shall have all wetland resource areas within 100-feet of the clearing activities delineated by a qualified wetland biologist. 2. Wedand Restoration Report A report shall be provided to the NACC in narrative form that includes a detailed description of.existing conditions, all unauthorized activities, and the proposed restoration (wetland resource areas and 50' No-Disturbance Zone) including the sequence of work, proposed resource area plantings strategy, anticipated future construction and landscaping activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the wetland resource areas protected,by the Act and Bylaw as well as the proposed mitigation measures in detail. The above required Reports and Plans must be filed with the Conservation Department no later than July 7, 2003. Upon review and approval of the wetland restoration report, the Conservation Department will determine a final completion date for plantings. The violations as documented herein are subject to a $300 per day penalty until such time as the impacted resource areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected to waive the fine. However, we reserve 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. 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 1 In accordance with the provisions of MGL cAO s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw(REV May 1993/REV October 1998) 3 is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt Relevant documents to assist you with bringing the site to compliance were previously faxed to you. Please feel free to contact me at any time if you have further questions or concerns in this regard. Your anticipated cooperation is appreciated. reciated. P p Sincerely, Alison McKay Conservation Asso ate Encl. CC: NACC Ms. Heidi Griffin, Community Development Director DEP-Northeast Region file n Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A - Enforcement Order I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 06-13--03 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Matthew&Donna Anderson - return key. Name of violator 614 Forest Street Address 1. Location of Violation: ' SAME Property Owner('d different) 614 Forest Street Street Address North Andover 01845 City/Town Zip Code 105D 127 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Clearing/cutting activities within the buffer zone of a protected wetland resource area without a valid Order of Conditions. The resource area has been determined to be a Certified Vernal Pool and is within an area of Estimated Habitat of Rare Wildlife. The clearing/cutting activities is in violation of the Wetlands Protection Act (MGL c.131 s.40) and the North Andover Wetland Protection Bylaw(c. 178 of the code of North Andover). The Bylaw enforces a 50' no-disturbance zone from a certified Vernal.Pool. B. Findings The Issuing Authority has determined that the activity described above 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 without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: wpaform9a.doc-rev.12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection � DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A - Enforcement Order (; ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Providedby DEP Name Dated File Number Condition number(s) B. Findings (cont.) ® Other(specify): See attached Enforcement/Violation Letter 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. ❑ Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before 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: See Attached Cover Letter 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 wpafonn8a.doc•rev.I2J15=to exceed twenty-five thousand dollars for each violation". Each day"or portion thereof of contirudkVs a \ Massachusetts Department of Environmental Protection CEP 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 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: Alison McKay, Conservation Associate Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday-Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Omer may be signed by a single member or agent of the Commission and ratifi majority of the members at the next scheduled meeting of the Commission. Signa s: �J Signature of delivery person or certified mail number wpaform9a.doc•rev.12/15/00 Page 3 of 3 x r t North Andover Conservation Commission Site Inspection Sheet Dep File # 242- .-does not have permit with Conservation Commission Date: D S Address: Jl q Fore 64 Agent/Representative/Owner present:- Findings: v12�1s S�2 :✓r IQI�I�-OyCj --Mast aced 1 Town of North Andover °RTN . Office of the Conservation Department Community Development and Services Division *'►tea 8r 27 Charles Street 4SSgCHUS S� Julie Parrino North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 July 17,2003 Mr. &Mrs.Anderson 614 Forest Street North Andover,MA01845 RE: New Shed Location Dear Mr.&Mrs.Anderson: I met with you on your property on July 16,2003 to review the proposed location of your new shed. The shed will be located along the tree line behind your house, greater than 50 feet from the certified vernal pool resource area. The shed will be located within the 75' No Build Zone and the location has been chosen in order to prevent tree removal. The Conservation Department is hereby authorizing the location of the shed within 75' of the vernal pool resource area with the following conditions: • No tree removal is allowed for installation of the shed; • Ground disturbance or installation of a foundation,is not allowed; • Vegetation removal is limited to the white pine saplings, the dead grey birch and the two-highbush blueberry shrubs; • If possible, the highbush blueberry should be transplanted into the vernal pool buffer zone restoration area; • Restoration plantings must be completed prior to the installation of the shed; • Wetland markers (for sale at the Conservation Department)must be installed every 25' along the 50' No Disturbance Zone; Please contact this Department for an inspection upon completion of the restoration area plantings. If you have any quos ' ,please feel free to contact me. r Sincere %` Julie o,Conservation Administrator cc: NACC Heidi Griffin,Community Development Director William Manuell,Wetlands and Land Management file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r1 TJ° 7 Date.. ............ dh} pORTM. pt4��aa tio ;. 3 CONSERVATION DEPT: q TOWN of'NORTH ANDOVER a �. s .: .. b��no*� NO.OF �ssACNUs� COPIES AMOUNT " Wetland Bylaw $ Copy_Machine $ ot \ TOTAL KrI CONSERVATION COMMISSIO i. L:Cii};.}iyjt;_::ti;;:;:;::$}�':i'Gi?�.'•?�iii'ri:i���:;:;: - ....�.... •�:�1.:'i,'•j::v,<':>�_4$iti?"{''�s�n�:�.::?i•r:l:Ynii:}};.$`v$i:�;i$ii:C:<-:'::::J}:::'::`??kii,' DATE AND TIME OF CALL: / NAME: FIRM/AGENCY: �� � � � TELEPHONE #: PROJECT LOCATION: . SUBJECT: G�� a FORM U - LOT RELEASE FORM 1davit will res INSTRUCTIONS: This form is used to verify that all necessary Boards and Departments having jurisdiction have been obtain da This does no Its from the applicant and/or landowner from compliance with any applicable or requirements.t relieve *****************************APPLICANT FILLS OUT THIS SECTION APPLICANT l � � PHON 7& LOCATION: Assessor's Map Number 'SUBDIVISION PARCEL--/ LOT(S) STREET . CST. NUMBER 1 OFFICIAL USE RE IMMENDATIONS O TOWN AGENTS: CONSERVATION ADMINI BATOR DATE APPROVED DATE REJECTED COMMENTS rn a (' 40rolo 0-rxr". CDM OWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED EC INSPECTOR-HEALTH DATE APPROVED /p DATE REJECTED COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT ;RECEIVED BY BUILDING INSPECTOR DATE Revised 9197 jm �- 4 ;' �_ ✓ a f / s 4 / i \/r � / �� �- / r �,' / x� / r ✓� cHi/ .t- .moi \ _,u yam. %� jF: - ,`✓,*/y i/ ' % �_ `� .k✓�. : ,'f�rf J/\ / 002 e j �.,_ an v N. AIX / less vd. r / / '/-f ✓ F / y ar N4 6, go WROM Wxv AN n •C �:t ?� ;\/ x '\X tt✓'S,F_ '`+,, \` ik. f j4 MIAMI q NO r �t FORM U LO4RL jl - INSTRUCTIONS: This form is used to verify that all necessary approvals/permits . rY fr 0 Boards and Departments m p ents having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION APPLICANT C9 PHO ,q'7& LOCATION: Assessor's Map Number P$1 PARCEL SUBDIVISION LOT(S) STREET ( ST. NUMBER / 7 ************************************OFFICIAL USE ONLY �REMMENDATIONS TOWN AGENTS: CONSERVATION ADM INI RATOR DATE APPROVED DATEREJECTED ll 9 COMMENTS HST F.�Ie N©-I A0. TI10,S TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED DATE-REJECTED COMMENTS PUBLIC WORKS-SEWERAVATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR DATE —_— Revised 9197 jm t EE'7bTVN 1d ="WI UDW p ,w of �d 9�isT�lAwwpy owa -tpy �A yE � i 1 r SECTION 4-WORKERS COMPENSATION(M.G.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes.......❑ No.......❑ SECTION 5 Description of Proposed Work(check all a Ucable New Construction ❑ Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. 0 Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: /W� A CLA J SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to be46 ZIQ7 STONI Completed b permit a licant ,n 'Er 1. Building 4 (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing Building Permit fee(a)X(b) 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT as Owner/Authorized Agent of subject property Hereby authorize to act on n i tters r e to work authorized by this building permit application. i to e O er Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION I, as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief Print Name Si ature of Owner/A ent Date NO. OF STORIES SIZE BASEMENT OR SLAB RD SIZE OF FLOOR T1 vIBERS 1 2 3 SPAN DIMENSIONS OF SILLS DIlvIENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE "tea rU.S.POSTAGE Town of North Andover "k J31 OFFICE OFCOMMUNITY DEVELOPMENT AND SERVICES Mp03 %27 Charles Street . North Andover,Massachusetts 01845 - Matthew & Donna Anderson 614 Forest Street North Andover, MA 01845 NW Town of North Andover P ,. s. OFFICE OF ; y - COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street . North Andover, Massachusetts 01845 4y O �O� Mr. & 614 Tump' q���t► North Andove 1$45 -Ii-��}tllillllilfil�illtiil}Ifilll �}.�113!!}IIC�1!}!�}}}F{}iE�l3llitE"�1}i}flf}�j}# Town of North Andover °f NORTii 1N Office of the Conservation Department Community Development and Services Division 27 Charles Street SACH�S S� Julie Parrino North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 June 27,2003 Mr. &b4rs. Ande on 614 Street North Andover, MA 845 RE: Review of Restoratio Report Dear Mr. &Mrs. Anderson: The Conservation Department is ' receipt of the Buffer Zone Restoration Report dated June 23, 2003,prepared by Wetlands& and Management for the altered areas within 50 feet of a certified vernal pool. The restoratio report was submitted in accordance with the requirements of the Enforcement Ord issued June 13, 2003 by this Department. I conducted a site visit of the property on June 26,200 to evaluate the extent of disturbance and to review the wetland delineation and proposed pl ting plan. Upon review of the site and report, the Cons ation Department hereby approves the proposed restoration activities as outlined in b er zone restoration report. I recommend the proposed sweet pepperbush be replaced with alternative species, as it is considered a non indigenous species, although it is extremely co n. In regards to the placement of your screened gazebo, a Conservation Department will allow it to be placed within the 75' No-Build Zone,but outsi of the 50' No-Disturbance Zone. The structure must be placed greater than 50 feet from the w and flags and no additional disturbance or tree removal will be allowed for the place m t of the structure. Restoration must be completed no later than September 15, 2 3. Plantings must be installed under the guidance of the wetland specialist and a report mus submitted by the wetland specialist to this Department following the completion of the res oration activities. If you have any questions,please feel free to contact me. Sincere , i Parrino, Co ervation Administrator cc: NACC Heidi Griffin,Community Development Director William Manuell,Wetlands and Land Management BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • North Andover Conservation Dept. 27 Charles Street North Andover,MAO 1845 .............. .... . ...... ......... ..................... ............. ................................................... .... ... ............................. .............. .... ......... . . .. . ..................... ............................. ............. ................................ . ......... .................. ............ ... ................ ........ . ........I.. .......................... ........ ...... ........... . ... .......... .................................... ........... .......................... ..........—.. ............................ ............ ................................... ............................ .....................-..... ............................. . ............. ........ ......... ................. ............ . ....... I........ ...................................... ............................ To: Matthew&Donna Anderson Fax: 1-978-725-3535 From: Alison McKay, Conservation Date: 6/13/03 Associate Re: Paperwork to assist in wetland buffer Pages: 13+cover zone restoration CC: 13 Urgent ii For Review 0 Please Comment 0 Please Reply 0 Please Recycle Attached is the Enforcement Order which of which the original will be sent to you by certified mail. I have also attached several items to assist you in the process including: • A list of wetland consultants frequently used by the department; • Your property location as shown on the Town assessors map; • The Natural Heritage Endangered Species Program Estimated Habitats of Rare Wildlife and Certified Vernal Pools map showing the area within your property; and • The section of our Wetlands Bylaw relating to Ephemeral Pools and Ephemeral Pool Habitat. Please feel free to contact me if you have any further questions or concerns in this regard. . .. ....... ................. ..*-................................... .. .. ................ .................... . .............................. .......................................... ................. . ........... ....... ...... ...... ...... .......................X-1 ....... ....o............ ...........................................X......................................... .......... .................... .................................. .......................... . . ....... .................... . . .................... .. ......... ........ ------- . . . . . . . . . . . . . . . . . . . . ... . ... . . . ................ ....... . . .. . :X ...... ...... ............... . ... ... .. . . .................. ............ .......... ....... ...............XX ............................ ................ ........... ... 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Office of the Conservation Department so Community Development and Services Division 27 Charles Street �9SSACNUS Julie Parrino North Andover,Massachusetts 01845 Telephone (978)688-9530 Conservation Administrator Fax(978)688-9542 June 27, 2003 Mr. & Mrs. Anderson 614 Turnpike Street North Andover, MA01845 RE: Review of Restoration Report Dear Mr. &Mrs. Anderson: The Conservation Department is in receipt of the Buffer Zone Restoration Report dated June 23, 2003, prepared by Wetlands&Land Management for the altered areas within 50 feet of a certified vernal pool. The restoration report was submitted in accordance with the requirements of the Enforcement Order issued June 13,2003 by this Department. I conducted a site visit of the property on June 26,2003 to evaluate the extent of disturbance and to review the wetland delineation and proposed planting plan. Upon review of the site and report, the Conservation Department hereby approves the proposed restoration activities as outlined in buffer zone restoration report. I recommend the proposed sweet pepperbush be replaced with an alternative species, as it is considered a non indigenous species, although it is extremely common. In regards to the placement of your screened gazebo, the Conservation Department will allow it to be placed within the 75' No-Build Zone,but outside of the 50' No-Disturbance Zone. The structure must be placed greater than 50 feet from the wetland flags and no additional disturbance or tree removal will be allowed for the placement of the structure. Restoration must be completed no later than September 15, 2003. Plantings must be installed under the guidance of the wetland specialist and a report must be submitted by the wetland specialist to this Department following the completion of the restoration activities. If you have any questions, please feel free to contact me. Sincerely; .. "JuParrino,Corjervation Administrator cc: NACC Heidi Griffin, Community Development Director William Manuell, Wetlands and Land Management BOARD OF APPEALS 688-9541 BliILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover of �a p*N Office of the Conservation Department °p Community Development and Services Division 27 Charles Street CHU Julie Parrino North Andover,Massachusetts 01845 Telephone (978)688-9530 Conservation Administrator Fax(978)688-9542 June 27,2003 Mr. &Mrs. Anderson 614 Turnpike Street North Andover,MA01845 RE: Review of Restoration Report Dear Mr. &Mrs. Anderson: The Conservation Department is in receipt of the Buffer Zone Restoration Report dated June 23, 2003, prepared by Wetlands& Land Management for the altered areas within 50 feet of a certified vernal pool. The restoration report was submitted in accordance with the requirements of the Enforcement Order issued June 13, 2003 by this Department. I conducted a site visit of the property on June 26, 2003 to evaluate the extent of disturbance and to review the wetland delineation and proposed planting plan. Upon review of the site and report, the Conservation Department hereby approves the proposed restoration activities as outlined in buffer zone restoration report. I recommend the proposed sweet pepperbush be replaced with an alternative species, as it is considered a non indigenous species, although it is extremely common. In regards to the placement of your screened gazebo, the Conservation Department will allow it to be placed within the 75' No-Build Zone,but outside of the 50' No-Disturbance Zone. The structure must be placed greater than 50 feet from the wetland flags and no additional disturbance or tree removal will be allowed for the placement of the structure: Restoration must be completed no later than September 15, 2003. Plantings must be installed under the guidance of the wetland specialist and a report must be submitted by the wetland specialist to this Department following the completion of the restoration activities. If you have any questions,please feel free to contact me. SinceDo I Parrino, Co ervation Administrator cc: NACC Heidi Griffin, Community Development Director William Manuell,Wetlands and Land Management BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535