Loading...
HomeMy WebLinkAboutMiscellaneous - 73 RIVERVIEW STREET 4/30/2018 (3)} THO ASS( June 18, 2003 Julie Parrino 27 Charles Street North Andover, MA 01845 Re: 71 Riverview Road, Enforcement Order Dear Julie: INC. I was contacted by the owners of the above referenced property to conduct a site inspection on the above referenced property in accordance with an Enforcement Order issued by your department. The current owners of 71 & 73 Riverview Road allegedly performed activities within 100 feet of a bordering vegetated wetland without an Order of Conditions. Your Enforcement Order issued on May 22, 2003 requires a report detailing existing conditions as well as mitigation measures, which will address the unpermited alterations. On June 17, 2003 I conducted a site inspection of the above reference project. There was an old loam pile with a will tree growing out of it on the Merrimack River side of the existing barn. The loam pile and willow tree were pushed down a steep slope toward a wetland resource area. The willow tree has been removed from the stream channel but the bank remains unvegetated. There is also an unvegetated area at the top of the existing slope where the old loam pile was located. I recommend installing a row of trenched silt fence at the toe of the existing slope and removing the fill material from the slope to construct a more stable grade. Once the material is removed a mat of jute netting will be staked to the slope for stabilization. The jute netting that will be used is laced with a native seed mixture designed for slope stabilization. The altered area at the top of the slope shall be scarified using a steel rake and seeded with a native seed mix. Additional shrub species and a l" caliper sugar maple shall be planted in this area as well. Please note that all shrub species planted shall be native to the Town of North Andover and shall be purchased from a nursery specializing in indigenous vegetation. The area shall be monitored periodically following storm events and your office shall be notified if there are any necessary repairs required. • ENGINEERS 447 Old Boston Road (978) 887-8586 • LAND SURVEYORS U.S. Route #1 • LAND USE PLANNERS Topsfield, MA 01983 FAX (978) 887-3480 I anticipate starting construction of this are on Saturday June 21, 2003 if the weather allows. If you should have any questions regarding this matter please do not hesitate to contact our office. Sincerely, THOMAS E. NEVE ASSOCIATES, INC. Greg J. Hochmuth Wetlands Specialist cc: Mr. Jon Conton w' a ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Assessors Map/Plat Number Parcel/Lot Number DEP File Number. Provided by DEP. 2. Extent and Type of Activity: Removal of vegetation, alteration and fill within Riverfront Area and bank associated with a stream. 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: Name File Number wpaformga.doc • rev. 12/15/00 Dated Condition number(s) Page 1 of 3 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover May 22, 2003 computer, use only the tab Conservation Commission (Issuing Authority) Date key to move To: your cursor - do not use the Mr. & Mrs. Conton return key. Name of Violator 71 Riverview Raod, North Andover, MA 01845 VQ Address 1. Location of Violation: Property Owner (if different) 71 Riverview Road Street Address North Andover 01845 City/Town Zip Code Assessors Map/Plat Number Parcel/Lot Number DEP File Number. Provided by DEP. 2. Extent and Type of Activity: Removal of vegetation, alteration and fill within Riverfront Area and bank associated with a stream. 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: Name File Number wpaformga.doc • rev. 12/15/00 Dated Condition number(s) Page 1 of 3 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 B. Findings (cont.) ❑ Other (specify): See attached Enforcement Letter C. Order The issuing authority hereby orders the following (check all that apply): DEP File Number. Provided by DEP ® 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 to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc • rev. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures DEP File Number. Provided by DEP 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: Julie Parrino, Conservation Administrator 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 andra ' ed by majority of the members at the next scheduled meeting of the Commission. Signature of delivery person or certified mail number wpaform9a.doc -rev. 17115/00 Page 3 of 3 Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator May 22, 2003 Mr. & Mrs. Conton 71 Riverview Street North Andover, MA 01845 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: ENFORCEMENT ORDER: 71 Riverview 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. Contort: On May 21, 2003 the Conservation Department was made aware of a violation on your property. Upon review of the site, a violation was. identified along the banks of a brook located within the Riverfront Area of the Merrimack River. The violation was conducted within an area of jurisdiction 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. During my inspection on May 31, 2003, I observed clearing and filling activities along the banks of the brook that runs through the property. It appears a significant amount of material and several mature trees were bulldozed directly over the banks of the stream. Work appears to have been conducted recently without an Order of Conditions from this Department. Specific wetland resource areas affected by the clearing and fill material include the following: • Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the North Andover Conservation Commission (NACC) Regulations Section I.C.); • Bank (MWPA Regulations Section 310 CMR 10.54 and the North Andover Conservation Commission (NACC) Regulations Section I.C.); • Riverfront Area (MWPA Regulations 310 CMR 10.58 and the North Andover Conservation Commission (NACC) Regulations Section I.C.); • 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); and • 100 -Foot Buffer Zone (NACC Bylaw Section I.C.) In the afternoon, I re -visited the site with my Assistant Alison .McKay, to obtain homeowners names and addresses. At this time I met with your neighbors of #73 and discussed the observed violation. They were extremely upset over my observed violations that had been conducted on the property and were not familiar with the regulations pertaining to wetland protection. I tried to explain the seriousness of the nature of the violation and discussed the mitigation and permitting requirements that were necessary to rectify the problem. At this time, you both joined us in the field to discuss the violations. I listened to all of your BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 frustrations regarding the clean-up efforts on both of your properties, which had been neglected and dumped upon for many years. It is apparent that clean-up efforts have been underway on the property, activities which are supported by this Department. Please keep in mind that the subject property is located with the 200 foot Riverfront Area and buffer zone to wetland resource activities. Any work conducted within these regulated areas may be subject to permitting by the Conservation Department. Activities subject to jurisdiction include clearing of vegetation, grade alterations, construction of structures, etc. Alteration of any kind within 25' of a wetland resource areas is strictly prohibited and additional limitations for work within 100 feet of the river banks exist. The violation observed consisted of the placement of a substantial amount of fill material, in addition to destruction of vegetation, directly along the banks of a brook tributary to the river. Currently, we have an unstable condition that will impact the water quality within the stream channel. A violation of this extent is customarily followed up with a fine of $300 per day until the site is restored and requires the filing of a Notice of Intent with applicable restoration reports and engineering plans. Enforcement Orders of this nature are issued by this Department on a weekly basis. During our lengthy discussion in the field, it appears that you were willing to cooperate in restoring the site and expressed your concerns with the financial burden of the filing process. Please understand we face these similar situations numerous times on a daily basis. It is not the Conservation Departments responsibility to relax the requirements of the law to reduce the financial burden that must be undertaken by applicants, residents or developers in violation of the state and local regulations. I have, however, after careful consideration, decided to handle the matter administratively within my Department without a filing before the Conservation Commission. I will waive the requirements for the need of a wetland delineation and surveyed engineered plan. However, you will need the assistance of a qualified wetland scientist to evaluate the extent of impacts and assist you with the restoration and replanting along the slopes. The Consultant must be present on site during removal of the soil materials placed on the slope. At this time, only removal of the downed tree is allowed. Not until the Consultant evaluates the extent of disturbance, may you proceed with the removal of the soil along the slope. , 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 fill material and debris located within the identified resource areas. This restoration work shall be conducted in accordance with the conditions described below. The property owner shall immediately take the following actions: 1. Wetland Restoration Report A report shall be provided to the NACC, from a qualified wetlands professional, in narrative form that includes a detailed description of existing conditions, all unauthorized activities, and the proposed restoration including the sequence of work, 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 report shall be submitted by a qualified wetlands professional. Upon review and approval of the report by the Conservation Department, the Conservation Administrator will assign a deadline for completion of the restoration activities along the slope. The report must be submitted to this Department no later than June 4, 2003. The violations as documented herein are subject to a OW 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 not to levy the above mentioned per day fine until the applicant has filed a Notice of Intent with the Conservation Commission. However, we reserve the right to take such action in the future should this Enforcement Order not be complied with retroactive from the date we were first made aware of the violations (5-21-03). 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 is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincef J e�'arrin0 Conservation Administrator Encl. CC: NACC Ms. Heidi Griffin, Community Development Director DEP-Northeast Region Residents of #73 file 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw (REV May 1993/REV October 1948) �a RI VEIL' l IEW srRaEr O' al r. eonic. PQ ve me ,10 RTM OFFICES OF:2?'; ` .��� 'Town of BUILDING 0.NORTH ANDOVER CONSERVATION I-IEALTHA us� '�r DIVISION OI sscN PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN I-I.P NELSON, I)IRECT011 CONSERVATION COMMISSION PUBLIC HEARING 121 f\I��il� Slr(•i'•i NOILII Ail(IO\�C.I a� f\Iti�S x (itlti(.Ils 01845 (508) 682-6483 PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECITON ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON Wednesday, June 7, 1989 AT 8:00 P.M. AT THE SENIOR CENTER, LOCATED AT THE REAR OF THE TOWN HALL NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF: Comm. of Mass., Dept. of Public Works TO ASMMMA X RESURFACE A PORTION OF INTERSTATE I-495. PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION'S OFFICE, TOWN HALL, 120 MAIN STREET, NORTH ANDOVER, MA ON NEEKDAYS, FROM 8:30 to 4:30 P.M. AND BY APPOINTMENT. RUN.ONCE North Andover Citizen cc: PLANNING BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER DEQE FIRE CHIEF BLDG., INSP. BY: PAUL L. TARIOT CHAIRMAN, NACC ON June 1, 1989 Invoice: Commonwealth of Mass, Dept. of Public Works 10 Park Plaza Boston, MA 02116-3973 Em E M s s Ni G k0 E PH TIMEPm Na a OF-�V�1PM EXT. _ URGENT OwNef� (?) �N SAIJ D 5 - llygF �L NO Gv►s+n.�� OtO u ? i' vi eon Ye ��,�. (,�jl� � �c��'-�j �,r,.� �,�,•-� ,�..cj cs� ICJ �'�t� �'�-C-- cid �� ? 010 —t/ re -w lffVr ►'fes - 7O Ol �c,�,, - r c �„ c C.I Swl