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HomeMy WebLinkAboutMiscellaneous - 674 TURNPIKE STREET 4/30/2018 (6)a r.� n LA Gregg Emery Moore Wetland Ecologist 7 Cmbal %omental Consultants, Inc. Lynnfield, MA 01940 781 245-2500; 781245-6677 Fa,, E-mail: lecenv@bac.net ONMENTAL SYSTEMS "V" COLLABORATIVE. Gregg Emery Moore Wetland Ecologist 7 Cmbal %omental Consultants, Inc. Lynnfield, MA 01940 781 245-2500; 781245-6677 Fa,, E-mail: lecenv@bac.net Midnight Realty Trust 709 Lowell Street, Methuen, MA 01844 Town of North Andover Building Inspector Mr. Gerald Brown 1600 Osgood Street, North Andover, MA 01845 September 19, 2012 Re: 674 Turnpike Street, North Andover, MA TOWN OFt=� Ott i t i ANDOVER _HEALTH DFIn I,-. — Dear Mr. Brown, The property at 674 Turnpike Street has been vacant and not used since April 2010. The septic system was determined to be failed in August 2010. A letter from the board of Health was sent to the owner of record at that time that the septic was to be repaired/replaced or tie into town sewer within a two year time frame. The new owner purchased the property in June 2012 (See deed attached) and did not purchase parcel 288 (See deed attached) as noted on (plan attached). Currently and in the past the parking for the property at 674 Turnpike Street was on Booth Street. Since the new owner has not purchased lot 288 or that portion of Booth Street it should be noted that Booth Street can not be used for parking. When the property was market for sale it was clear to the new owner that 1. The property was not used since April 2010, it was vacant when the property was listed for sale 6/24/2010. See listing sheet attached. 2. The property had a failed title V in August 2010 and the property needed to be connected to sewer. See listing sheet attached. 3. The property that was being sold was parcel 287 and did not include parcel 288 See deed attached. See listing sheet ref title issue. .,-' , Prior to issuing a use and occupancy the new owner would need to comply with the Town of North Andover Zoning by Law and the permitted uses and vacant/or discontinued for in excess of two years. 9.5 Abandonment If any lawfully non -conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning Bylaw in the district in which it is located, it shall thereafter continue to conform; or take any other action relative thereto. Midnight Realty Trust 709 Lowell Street, Methuen, MA 01844 cc. Board of Health, 39 Cotuit Street LLC SENDER: ❑ Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. ❑ Print your name and address on the reverse of this form so that we can return this card to you. ❑ Attach this form to the front of the mailpiece, or on the back if space does not permit. ❑ Write 'Return Receipt Requested'on the mailpiece below the article number. ❑ The Return Receipt will show to whom the article was delivered and the date 3. Article Addressed to: I N ;r Ca rol A jv to—+ -tA !N t V, 2 St �.. �/Jw Q r, MA- O 1`6%1 5. 'v IT3 (Print Na 6. Si nature (Addressee or Agent) I also wish to receive the follow- ing services (for an extra fee): 1 • ❑ Addressee's Address 2. ❑ Restricted Delivery 4a. Article Nu ber 30 62 b 3 H 4b. Service Type ❑ Registered ❑ Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD VA 8. fee is paid) requested and PS Form 3811, December 1994 102595-99-e-0223 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • CONSero�� 0.rJ �e 0��}"MeN"T o VtA5_ TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE SuNe q 7-cloo NAME OF OFFENDER CrArc.A Auti So% ft'tS+'A ADDRESS OF OFFENDER 1'--4I.I TWtN '1Ur SD+CCC�" CITY, STATE. ZIP CODE DATE OF BIRTH OF OFFENDER �.)or�hAntr�r,.t� MA OMS MV OPERATOR LICENSE NUMBER MVIMB REGISTRATpN NUMBER OFFENSE: VIo�c,�Ir0 o{ At G.L. G 13i SL1O r -AJ t /- 11`6 rA Aken Cod<. ,� /VorOL A.J o v P 4 a 40 (6' e' A e r'wn 'r f C J Ar eve . TIME AND DATE OF VIOLATION I �ih (A.M.) (P.M) ON LOCATION OF VIOLATION 1 AT i�.I L1 rtrA.rnNo,kc SIGNATURE OF ENFORCING PERSON FNNFORCING DEPARTMENT C I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x ❑ Unable to obtain signature of offender. Date Mailed (J-; CO p. Citation mailed to offender VI k Cc r t . 1V� , I 2 310167- b�'A b THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ '�100• 00 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.sloy. gj7,N00(P0f0(2/arj .r (1) You may elect to pay the ab vefifine, 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: 21D 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. 1 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: COURTCOPY Town of North Andover go N� RTF ti te� pL OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street North Andover, Massachusetts 01845 �'4S�='1.°'��t�y WILLIAM J. SCOTT Director (978)688-9531 June 7, 2000 Carol Ann Battista 674 Turnpike Street North Andover, MA 01845 VIA Certified Mail #—Z 370 626 346 RE: VIOLATION NOTICE (674 Turnpike Street) Fax (978) 688-9542 On May 15, 2000 this Department issued an Enforcement Order and a Violation Notice (copy attached) as a result of unauthorized work being done in a protected wetland resource area. Staff from this Department conducted an on-site review with Greg Moore from LEC Environmental Consultants, Inc. on May 23, 2000. LEC Environmental Consultants, Inc submitted the restoration report VIA facsimile to this Department on May 23, 2000. The restoration report proposed the installation of erosion control, regrading of the soil stockpile pile and seeding with a conservation seed mix. This department agrees with the recommendation by LEC Environmental Consultants, Inc. and considered this the termination date, as it was the date this Department considered compliance with the Enforcement Order/Violation Notice dated May 15, 2000. The North Andover Conservation Commission (NACC) has levied a fine in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L. C.40, S.21D in the amount of $100/day. Each day or portion thereof during which a violation continues shall constitute a separate offense. The current total due to the town of North Andover is $900.00. Your rights of appeal are clearly stated on the attached Violation Notice. Date(s)__of'Violation.. � North: Andover Wetlands. Protection=.B.ylaw '(Revised October of 1998) 5-15-00 through 5-23-00 $100.00 per day X 9 days = $900.00 1 North Andover Wetlands Protection Bylaw, Section 178.10 (A) (Page 8) "Alteration of a wetland resource area identified in Section 178.2 of this Bylaw" $100/day. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions or concerns please do not hesitate to contact me at (978) 688-9530. Sincerely, B an J. LaGrasse Conservation Associate CC: NACC Richelle Martin, Conservation Administrator DEP-NERD File Board of Selecemen Tom Urbelis, Town Counsel NAPD Clerk Magistrate, Lawrence District Court "w { }� TOWN OF'NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW GATE OF THIS NOTICE M�.I IS, zooo NAME O/F' OFFENDER n _ 1 1-ct(o1 NNA! �g4k_4)''q ADDRESS OF OFFENDER p, CSI_ n STAT1 ZIP AO � V P/ , DATE OF BIRTH OF OFFENDER MV OPERATOR UCENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: 11,Nc� I arCrn. \��,�F�-t,,JS.LIp rN,j � . (—t6 o; IL-2 CorkL f aork. A/yd_i f� TIME To DATE OF VIOUIT* ^'1 LOCAT1ION OF VIOU\ N AT SIG yA(RE^F ENFORCING PERSON GnhlENFORCING �o�14TtT el� I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x E ❑ Unable to obtain signature of offender. Date Mailed 9 Citation mom. PA' a De L w c leI THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ 100 PC, c YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. U j ► t h¢ /� A ( L a 9c 'there ;5 (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. I (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 j 380 Common St., Lawrence, MA 01840 ATTN: 21D noncriminal (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. i r i Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY i Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order for DEP use only Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 and North Andover Wetland Protection Bylaw. Violation Information This Enforcement Order is issued by: CoraeWIonCommon (I=/TMtalyy) To: C�rb� 4,vti On ofWamr Location of Violation: Address II WOW" Assesses Mapft t Date of Issuance: M��., 1Sr 2000 Dare 0 Findings krCdAot t 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 avalid [[Order of Conditions. ❑ the activity has beentis being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condtn numbOS) Extentandand type of activity: rf, r M COIC 0� )\ Co r-�^ Other (specify): n... —,nn n...... I „c "I II Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA form 9A - Enforcement Order Massachusetts Wetlands Protection Act M. G. L. c. 131, §40 Order The Issuing Authority hereby orders the following (check all that apply): Ithe The property owner, his agents, permittees, and all rs 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 shall 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. 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: ed Name Plane Nuflbff HaffyMysA41able Issued by ' "0,-+ A/\jA0, -P i Conservation commission In a situation requiring immediate action, an Enforcement Order may be signed by a single member or agent of the commission and ratified by a majority of the members at the next scheduled meeting of the commission. and North Andover Wetland Protection Bylaw. The property owner shall take the following action to revert further violations of the Act: a,;,% 61^4 _De51st a (I 1 J GnA Svl�1� IC, M 11S4 21000" Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense." Signatures: j�� - le -,j " Signanue of de# yperson arched mail number Or C Ov rA 4-1 m > 0 ru C3 ca r, r- u .D z m N TA 0 'ODIAJOS maw un Hkisn , nd)I_y k& / )a ° 22 \ _ ©@ § f \ ) 2 2 / 3 ) o *1 . § { \ ) E k O E [ % §) . \f ®k . §L \\ L \ 2 . k� \ ® �cm : / / C < \ 2 / )» _ CD 0 n\ $ 3 § kD < C3)\ m I w= k J/ \ \ $ S E E K 6 _\ k { \ _o E ! . ) \ » f \ & § E o ® m b c ? \ m f/7 2 ® ® k E(E o \� / ± — 32§k -!. fa 2 \ k WII( Kr-=®£a%k& S / 2 :e3�2`==-e Lou(La«e!< e 2 $ c e o eo ¥ a e: n W as sa #e a m M,md o s aHa V Nan 3a and m TOWN OF NORTH ANDOVER N CE OF VIOLATION OF WETLAND BYLAW i DATE OF THIS NOTICE 74Ne �- , Zoog NAME OF OFFENDER Cc, ro � A ADDRESS OF OFFENDER _ re E4 - CITY, STATE, ZIP CODE o rVV\ l;• okgi4 S DATE OF BIRTH OF OFFENDER I— MV OPERATOR LICENSE NUMBER MViMS REGISTRATION NUMBER OFFENSE: 'r Vlo�a�'to� ok 11 NNcl C • 121 d� +1� Co . nG.i1'3i or Nor+II. kAjL\,d4e4'_ 5'AltAl4 A Orb' eJal. resoyr, e 1= 36 (A.M.) ( .ria ON Ma,4 1S- 23 Zoon ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION Unable to obtain signature of offender. Date Mailed W— !.Citation mailed to offender VUf Cert Moi, I # Z �5101*Zb3 b 'HE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ 61(a 00 'OU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO )ISPOSITIONOFTHIS MATTER. Sbr_ 5�2j(op®�too�d�y (1) You may elect to pay the above fine, either by appearing in person ,etween 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays xcepted, before: The Conservation Office, Town Hall, 27 Charles St., North mdover, MA 01845 OR by mailing a check, money order or postal note to ie Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE )F THIS NOTICE. This will operate as a final disposition of the matter, with o resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you tay do so by making a written request, and enclosing a copy of this citation VITHIN 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 3mplaint 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 ignature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY of North Andover OFFICE OF VELOPMENT AND SERVICES 27 Charles Street Idover, Massachusetts 01845 urnpike Street) a t- p i Y \74 gDN�TfD 00,1'��/ Fax (978) 688-9542 d an Enforcement Order and a Violation Notice (copy rk being done in a protected wetland resource area. Staff cite review with Greg Moore from LEC Environmental Environmental Consultants, Inc submitted the Department on May 23, 2000. The restoration report .rol, regrading of the soil stockpile pile and seeding with nt agrees with the recommendation by LEC asidered this the termination date, as it was the date this I the Enforcement OrderNiolation Notice dated May 15, nission (NACC) has levied a fine in accordance with retlands Protection Bylaw and M.G.L. C.40, S.21D in the )n thereof during which a violation continues shall nt total due to the town of North Andover is $900.00. on the attached Violation Notice. 1 North Andover Wetlands Protection Bylaw, Section 178.10 (A) (Page 8) "Alteration of a wetland resource area identified in Section 178.2 of this Bylaw" $100/day. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 WILLIAM J. SCOTT Director (978)688-9531 June 7, 2000 Town of North Andover Of r10RTM OFFICE OF 3r yi<t e o ti0 C COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street North Andover, Massachusetts 01845 Carol Ann Battista 674 Turnpike Street North Andover, MA 01845 VIA Certified Mail # Z 370 626 346 RE: VIOLATION NOTICE (674 Turnpike Street) Fax (978) 688-9542 On May 15, 2000 this Department issued an Enforcement Order and a Violation Notice (copy attached) as a result of unauthorized work being done in a protected wetland resource area. Staff from this Department conducted an on-site review with Greg Moore from LEC Environmental Consultants, Inc. on May 23, 2000. LEC Environmental Consultants, Inc submitted the restoration report VIA facsimile to this Department on May 23, 2000. The restoration report proposed the installation of erosion control, regrading of the soil stockpile pile and seeding with a conservation seed mix. This department agrees with the recommendation by LEC Environmental Consultants, Inc. and considered this the termination date, as it was the date this Department considered compliance with the Enforcement Order/Violation Notice dated May 15, 2000. The North Andover Conservation Commission (NACC) has levied a fine in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L. C.40, S.21D in the amount of $100/day. Each day or portion thereof during which a violation continues shall constitute a separate offense. The current total due to the town of North Andover is $900.00. Your rights of appeal are clearly stated on the attached Violation Notice. Dates) of violation .., ; ` ' LL, North Andover Wetlands Protection Bylaw (Revised�Uctober of 1;998) 5-15-00 through 5-23-00 $100.00 per day X 9 days = $900.00 1 North Andover Wetlands Protection Bylaw, Section 178.10 (A) (Page 8) "Alteration of a wetland resource area identified in Section 178.2 of this Bylaw" $100/day. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions or concerns please do not hesitate to contact me at (978) 688-9530 Sincerely, 4Ban J. LaGrasse Conservation Associate CC: NACC Richelle Martin, Conservation Administrator DEP-NERD File Board of Selecemen Tom Urbelis, Town Counsel NAPD Clerk Magistrate, Lawrence District Court Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement order for DEP use only Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland Protection Bylaw. Violation Information This Enforcement Order is issued by: Cowmion Common (Iswing Auahwy) To: Crb( A 111 i,,, 4k Name ofVrolamr Location of Violation: AOMS 1O F A �k jjUj 9/- COTOW Asses =Mape t/ Date of Issuance: M� 19, 2-0 0 o Dare 0 Findings Par dkot / 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: `1 the activity has been/is being conducted without avalid [[Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File NumbT Condbon numWs) Extent and type of activity: 1 O', r r, U r '% Other (specify): CA eC-\ LA� n..,... I „t n DEP i Massachusetts Department of Environmental Protection " Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order . and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Order The Issuing Authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all thers 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 shall 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. a 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: Name J Phone Nunn �SID L.(; ov IVkoti - Ha ffYDaySA✓dilade Issued by 0 r N4 t)y.R i Conservation Commission In a situation requiring immediate action, an Enforcement Order may be signed by a single member or agent of the commission and ratified by a majority of the members at the next scheduled meeting of the commission. The property owner shall take the following action to revent further violations of the Act: aal % cl')j _085,1St h 04 „J�C.� Cotis.,i� �v>'+I'A (ol(Y.,i��— Z Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense." Signatures: 9��L 01--J p e Signanne ofdefiweyperson orx0fied mail numbT TOWN OF NORTH ANDOVER y NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE ZOV() NAME OF OFFENDER J �ra1 NN KcA 14)Tq ADDRESS OF OFFENDER Eat `I Tarr p� U. S+(t c+ CITY, STATE, ZIP CODE DATE OF BIRTH OF OFFENDER Ama ver. MA 0NIAS- MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: It 1�1 a Ia����ctl CP.Sr►y(G� areoa- 0.111 t(IA) of Mr.L. C 131S.LID Am c. 1-;,6 o; +4 CoJc Or a(+l. AJA\j(� TIME AND DATE OF VIOLATION (' 0 (A.M.) ( M. ON O\ � S r Z 000 +9- LOCATION OF VIOLA N AT (�� `l TV rN 1 l(Si-,-e c SIGN A TURE OF ENFORCING PERSON ENFORCING DEPARTM{1E-NT 1-. F.. �9 ��� _ C')" �'iiihitQ�_ I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION X ❑ Unable to obtain signature of offender. Date Mailed Citation mailedd4o a#aader- G 1aNt� De 1\v c r� I THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ I C, YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. Uk)}', l +t t AJ A(L a e- A y (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 $ 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 WPA Form 9A - Enforcement order DEP File Number for DEP use only Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland Protection Bylaw. Violation Information This Enforcement Order is issued by: ori wj Q conwitation commission (Issuing Authority) To: Cc, rb � Name of Violator Location of Violation: 1 y �, 4 �, V,, e eT Stre��ddress OF N Oypl" CitylTam Assessors Map/Plat f Date of Issuance: -7-0 o o Date Findings ParcelAot f 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 rder of Conditions. ❑ the activity has beenfis being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition nwmber(s) Extent and type of activity: G'�r�� Vtd�rn'C"cVl� �� �•�,L, C• I > I CJ vl AnOkG (7 0� `f' \Q COL o`� l�1� r� N�ou Qr Other (specify): ���� �CO�hTtalO �� lil1.(7- i.. C i� I S. N �� G. 1� a " 'e �o (1"►-� 1"T /V kN e ✓ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G. L. c. 131, X40 Order The Issuing Authority hereby orders the following (check all that apply): Ithe The property owner, his agents, permittees, and all rs 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 shall 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. W 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: ` n Name Phone Number `6.3 0 r U C) [V�OAf HoUmVays Available Issued by N 0 r T k A 1 4 oy P r Conservation Commission In a situation requiring immediate action, an Enforcement Order may be signed by a single member or agent of the commission and ratified by a majority of the members at the next scheduled meeting of the commission. and North Andover Wetland Protection Bylaw. The property owner shall take the following action to revent further violations of the Act: ac,sp.- oi4 D6iyt a h nc+-I�J'J'Ne5 VUe�l��a,��iolr�V5fi Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense." Signatures: � \'t^ l'�cr u Signature of deliveryperson or cemfied mil number May 23, 2000 Facsimile (Original via Regular Mail) AN ENVIRONMENTAL SYSTEMS COLLABORATIVE Mr. Brian LaGrasse North Andover Conservation Commission 27 Charles Street North Andover, MA 01845 Re: Buffer Zone Restoration 674 Turnpike Street North Andover, Massachusetts Dear Mr. LaGrasse: [LEC File#: FCREnl49.02] On behalf of Patrick Larkin and in response to your request, LEC Environmental Consultants, Inc. (LEC) met with you at the above -referenced property. Specifically, the purpose of this on-site meeting was to review the extent of the reported wetland violation in response to the Notice of Violation ("Notice") issued by the North Andover Conservation Commission on May 15, 2000 for movement of an existing topsoil pile within the Buffer Zone to Bordering Vegetated Wetlands (BVW) at the above -referenced site. The purpose of this letter is to provide documentation of the proposed mitigation strategy and to receive approval of this strategy for activities located within the Commission's jurisdiction. As discussed in the field, the movement of an existing pile of topsoil approximately 10 feet from its original location within the buffer zone to Bordering Vegetated Wetlands (BVW) represents `work within a resource area' under the North Andover Wetlands Protection ByLaw. To mitigate for this alteration, it was agreed upon in the field that the soil pile should be graded and spread within the area immediately adjacent to the original location, no closer to the wetland. This re -graded soil should then be seeded with an appropriate seed mix, such as the New England Conservation Mix, available through New England Wetland Plants, Inc. (Attachment 1). Finally, a siltation barrier composed of double -staked haybales and silt fence should be placed along the boundary of the area until it is stabilized with mature herbaceous vegetation. The Applicant is committed to ensuring the restoration of this protectable resource area and preventing impacts to such resource areas in the future. No further activity will occur within the Commission's jurisdiction without prior authorization. We respectfully request that the Commission review and approve this restoration plan and eliminate any fees/fines associated with the Notice. Should you have any questions or wish to further discuss this matter, please feel free to contact me at (781) 245-2500. Sincerely, LEC Environmental Consultants, Inc. Gregg E., Moore Wetland Ecologist cc: Patrick Larkin, FCRE LEC Environmental Consultants, Inc. 7 Kimball Lane Lynnfield, MA 01940 781 245-2500 781 245-6677 Fax E -Mail: northiec@tiac.net 3 Otis Park Drive Bourne, MA 02532 508 759-0050 508 759-0013 Fax E -Mail: lecenv@tiac.net Attachment 1 New England Conservation/Wildlife Mix The New England Conservation/Wildlife Mix provides a permanent cover of grasses, forbs, wild- flowers, legumes and grasses to provide both erosion control, and wildlife habitat value. This mix is designed to produce a no -maintenance cover, and is an appropriate application for cut and fill slopes, detention basins, and disturbed areas adjacent to commercial and residential projects. APPLICATION RATE: 25 LBS/ACRE 1743 sq ft/ Ib COST $25.00/LB SPECIES Little Bluestem (Andropogon scoparitts), Big Bluestein (Andropogon Berardi), Switchgrass (Panicum virgatum), Deertongue (Panicum clandestinum), Fox Sedge (Carex vulpinoidea), Pennsylvania Smartweed (Polygonum pensylvanicum), Canada Wild -rye (Elymus canadensis), Partridge Pea (Chamaecrisra fasciculata), Annual Sunflower (Helianthus annuus), Cup -plant (Silphium perfoliatum), Nodding Bur - marigold (Bidens cernua), Showy Tick -trefoil (Desmodium canadense), Ox -eye Sunflower (Heliopsis helianthoides), and Butterfly Milkweed (Asclepias tuberosa). New England Wetland Plants, Inc., 800 Main St., Amherst, NIA 01002 Phone (413) 256-1752 29 FAX (413) 256-1092 Seed Mixture 05/23/00 13:49 FAX 781 245 6677 LEC NORTH INC Cj O1 .1 FACSIMILE TRANSNHTTAL DATE: May 23, 2000 ATTENTION: Mr. Brian LaGrasse COMPANY: North Andover Conservation Commission FAX NO: 978-688-9542 FROM: Gregg E. Moore RE: Enforcement, 674 Tumpike Street PAGES: 3 (including cover page) COPY TO: Patrick Larldn 978-686-2237 MESSAGE: The documents accompanying this facsimile transmission may contain confidential and/or legal information- The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. In this regard, if you have received this in error, please notify in immediately so that we may arrange for the return of the original documents to us at no cost to you. LEC ErrArw mental con9uti8nm Inc. 7 Icmball lane Lynnfield, MA 01940 781245-2500 7812"77 Fax E -Mail: northlec®tlac net 3 00s Park DrIve Bourn, MA 02532 509 759-0050 506 759-0013 Fax E -Mall: 18o"O liac.nat 05!23/00 13:49 FAX 781 245 6677 LEC NORTH INC 002 May 23, 2000 Facsimile (Original via Regular Mail) Mr. Brian LaGrasse North Andover Conservation Commission 867 Turnpike Street North Andover, MA 01845 Re: Buffer Zone Restoration 674 Turnpike Street North Andover, Massachusetts Dear Mr. LaGrasse: [LEC Dile# FCRE/7149.02] On behalf of Patrick Larkin and in response to your request, LEC Environmental Consultants, Inc. (LEC) met with you at the above -referenced property. Specifically, the purpose of this on-site meeting was to review the extent of the reported wetland violation in response to the Notice of Violation ("Notice'l issued by the North Andover Conservation Commission on May 15, 2000 for movement of an existing topsoil pile within the Buffer Zone to Bordering Vegetated Wetlands (BVW) at the above -referenced site. The purpose of this letter is to provide documentation of the proposed mitigation strategy and to receive approval of this strategy for activities located within the Commission's jurisdiction. As discussed in the field, the movement of an existing pile of topsoil approximately 10 feet from its original location within the buffer zone to Bordering Vegetated Wetlands (BVW) represents `work within a resource area' under the North Andover Wetlands Protection ByLaw- To mitigate for this alteration, it was agreed upon in the field that the soil pile should be graded and spread within the area immediately adjacent to the original location, no closer to the wetland. This re -graded soil should then be seeded with an appropriate seed mix, such as the New England Conservation Mix, available through New England Wetland Plants, Inc. (Attachment 1). Finally, a siltation barrier composed of double -staked haybales and silt fence should be placed along the boundary of the area until it is stabilized with mature herbaceous vegetation. The Applicant is committed to ensuring the restoration of this protectable resource area and preventing impacts to such resource areas in the future. No Further activity will occur within the Commission's jurisdiction without prior authorization. We respectfully request that the Commission review and approve this restoration plan and eliminate any fees/fines associated with the Notice. Should you have any questions or wish to further discuss this matter, please feel free to contact me at (781) 245-2500. Sincerely, LEC Environmental Consultants, Inc. Gregg E. Moore Wetland Ecologist cc: Patrick Larkin, FCRE LEC Environmental Consultants, Inc. 7 KrmOall Lane Lynnfield. MA 01940 7131245-2500 781 245.6677 Fax 5 -Mail: ttorthleCthac.net 3 Otis Pane Urrve Bourne, MA 02532 500 75"050 508 759-0013 Fax E -Mail: lecenvO tiac.net 05/23/00 13:49 FAX 781 245 6677 LEC NORTH INC 03 Attachment 1 New England Conservation/Wildlife Mix The New England Conservation/Vildlife Mix provides a permanent cover of grasses, forbs, wild. flowers, legumes and grasses to provide both erosion control, and wildlife habitat value. This mix is designcd to produce a no -maintenance cover, and is an appropriate application for cwt and fill Slopes, detcnaon basins, and distt►rbed area:adjacent to commercial and residential projects. APPLICATION RATE: 25 LBS/ACRE 1743 sq ft/ Ib COST $25.00/1.13 SPECIES Little Bluestcm (Andropogon ,scnparius). Big Bluestein (Andropagon gerardi), Switchgrass (Panicum virgarum). Deeriongue (Panicum clundestinum)_ Fox Sedge (Carer vulpiaoi(ka), Pennsylvania Smarrweed (Pulygonum pensylvanicum), Canada Wild -rye (Elymus canadensis), ParnT dge Pea (Chamaecrisra farciculara), Annual Sunflower (Helianrhus annuus), Cup -plant (Silphium perfoliutum). Nodding, Bur - marigold (Bidens cernua). Showy Tick -trefoil (Desmodium canadense), Ox -eye Sunflower (Heliopsis helianrhoides), and Burterfly Milkweed (Asclepias wberosa). New England Wetland Plants. Inc., 800 Main St., Amherst, MA 01002 Phone (413) 256-1752 29 FAX (413) 256-1092 Seed Mixture I Page 1 of 1 Hughes, Jennifer From: seekampp.sec@comcast.net Sent: Wednesday, October 01, 2008 2:42 PM To: Hughes, Jennifer Subject: 674 Turnpike St. Test pit Jen, As we discussed by telephone on Wednesday, October 1, 2008: On Monday October 6, 2008 Seekamp Environmental Consulting, Inc. will be at 674 Turnpike Street, North Andover, MA to conduct test pit(s) to determine Estimated Seasonal High Water Table. Also present will be Mistry Associates, Inc. We will be testing in the Buffer Zone to BVW, but will be in existing lawn area at least fifty feet from the wetland boundary. This site is generally flat and we don't anticipate any erosion problems during testing. We trust this notice suffices, Thanks Patrick Patrick D. Seekamp, PWS, CWS Seekamp Environmental Consulting, Inc. 129 Route 125 Kingston, NH 03848 Ph: (603) 642-8300 Fx: (603) 642-8500 10/1/2008