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Home My WebLink AboutMiscellaneous - 815 TURNPIKE STREET 4/30/2018 (3)C� p V \ r �� O • p '1 F �� _. H � t o'° � �, t t/� � �� -�` A A -1'- 1 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 October 8, 1999 Ms. Marisol Joseph Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 RE: Appeal of Violation Notice -815 Turnpike Street -Willows Racquet and Fitness Dear Ms. Joseph: 105NORTH opt,'"°. Fax(978)688-9542 This letter is to inform you that on October 6, 1999, the North Andover Conservation Commission, (NACC) 'received payment from The Willows Racquet and Fitness Centre. This payment has confirmed that the NACC has settled on this matter and no further action needs to be taken regarding the appeal specific to the above referenced property. The previously scheduled hearing was to be heard on October 7, 1999 and was cancelled by this department. Thank you for your cooperation in this matter. If I can be of any assistance to you, please contact me at 688-9530. Sincerely, Richelle Martin Conservation Administrator Cc: NACC members Dep -Nero File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �. z co m Z O o O z W f ~pi r � p K D Z o W.,m C .� ■ i i T; D Z Yb° _ N p z y C W s a M M ui c.. �7 ca H ti tA �a .I b en �tiW CD Zvi.. - .:-.. d' y - lo s m l ggg � .j�► ? F ®:;$ TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE A UN A Z 3, 1911 j NAME OF OFF NDER qo(sac, (to W I OWv I ^Cel HebF;+Ness Cen��r ADDRESS OF OFFENDER SIS 17k + CITY, ST(�TrUE,AI'Pve r , M Pt O (q H S DATE OF BIRTH OF OFFENDER jjVl //ffiitt A MV OPERATOR LICENSE NUMBER MVIMB REGtST ATION NUMBER AIA N OFFENSE: . F1lkcfr^+lonl �� . .��c�cc� wc�lrnstcl feSpl.t�ce ' �ree<+ra-4'6.10%0 u( +lNe �Jor4\ Amdaort 1Wd-lANCiS R,eCer -�o ACAJI 0 - TIME AND DATE OF VIOLATIO�N°�;,� 3: 3p (A.M.) (0) ON Aura H st LOCATION OF VIOLATION ✓ 1 AT X615 'TNrN 416(( S+ree i SIGNATURE OF ENFORCING PERSON E/N+FORCING DEPARTMENT „I HERBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION x ❑ Unable to obtain signature of offender. Date Mailed _ ❑ Citation mailed -to -offender Warvd 17el;vere4 0+a '612 Sll THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ 1,500.0' YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. r#c +1001tr A,,1 -'DI 10n 1,— �6'20) (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 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. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 August 23, 1999 The Willows Racquet & Fitness Center c/o Gary Barros 815 Turnpike Street North Andover, MA 01845 VIA Certified Mail # RE: ENFORCEMENT ORDER / VIOLATION NOTICE , Fax(978)688-9542 Staff from this department issued an Enforcement Order and a Violation Notice dated August 6, 1999. This department mandated the immediate removal of a PVC drainage pipe discharging directly into the wetlands, the installation of erosion control, the relocation of the heavy machinery to be located outside the 100' Buffer Zone of the Bordering Vegetated Wetland (BVW), the removal of all landscaping debris from the resource area, and the stabilization of all exposed soil. Staff from this department conducted a compliance inspection on August 20, 1999 and considered this the termination date, as it was the date this department considered the resource area restored and the violations corrected. 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 $1,500.00. Your rights of appeal are clearly stated on the attached Violation Notice. Dates) of Violation � NorthAndover Wetlands"ProtectlonBylaw�� .Rev .- sedgy -October o98) 8-6-99 through 8-20-99 $100.00 per day X 15 days = $1,500.00 If you have any questions or concerns please do not hesitate to contact me at (978) 688-9530. ' 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 Sincerely, Brian J. LaGrasse Conservation Associate CC: NACC Richelle Martin, Conservation Administrator DEP-NERD File NAPD Lawrence District Court a\reo�, — see+-1yi i /1'�16- to Re�er -Eo A.*&Nr_tNeA COrrgSeOn J4AJ c TIME AND DATE OF VIOLATIO pq� 3"3() (A.M.) f .tv .) ON AjA v, St b . LOCATION OF VIOLATION AT Toruail. S+ree_t SIGNATURE OF EN ORCING PERSON ENFORCING DEPARTMENT �6 �L�m_ CotiSe!'Ja't'�on1 I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION XI ❑ Unable to obtain signature of offender, pate M led ❑ Citation meiFed-t�oN�mder WAN( 17t(�vQ�� THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ SOO- v0 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. lioA �G d•,� r13%b GSI Zo� (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this Citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY I Town of North Andover f HORTFy OFFICE OF 3� ° "`° ' 61b0 COMMUNITY DEVELOPMENT AND SERVICE'S 0 . p 27 Charles Street ° North Andover, Massachusetts 01845 WILLIAM J. SCOTT 'SAC US Director (978) 688-9531 Fax (978) 688-9542 August 6, 1999 The Willows Racquet & Fitness Center c/o Gary Barros 815 Turnpike Street North Andover, MA 01845 VIA Hand Delivery RE: ENFORCEMENT ORDER/ VIOLATION NOTICE @ 815 Turnpike Street On August 5,1999, staff from this department observed several violations of the Massachusetts Wetlands Protection Act (M.G.L.c.131 s.40) and the North Andover Wetlands Protection Bylaw (Chp. 178 of The Code of North Andover), located on the above referenced property! This department observed various locations where leaves, gravel and soil were dumped in a protected wetland resource area. This department also observed the unauthorized installation of an underground drainage pipe with a point source, discharging directly into a resource area, numerous locations of unstabilized soil and the storage of heavy machinery within the Buffer Zone to a Bordering Vegetated Wetland (BVW). This department mandates the following actions to be completed immediately: • Remove all landscaping debris (leaves, soil, gravel, etc.) by hand, from the resource area. • Install erosion control (double -staked hay bales backed by trenched silt fence) in between the areas of exposed soil and the BVW. • Remove PVC drainage pipe. • Remove the heavy machinery (front end loader and flatbed pick up) from the Buffer Zone. \ • Seed and stabilize all unstabihzed soil. Any fertilizers used must be < 5% Nitrogen Content BOARD OF APPE:�,L.S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA NTNG 683-9535 In addition and in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L.c.40, s.21D, a fine is being levied in the amount of $100/ day' starting August 6, 1999 and will continue to accrue until the -area has been fully restored to the complete satisfaction of the North Andover Conservation Commission (NACC) or agent thereof and the Enforcement Order is complied with. Each day or portion thereof during which a violation continues shall constitute a separate offense. Once said efforts are satisfied and verified by this department, a final sum due to the Town will be provided to you. Your anticipated cooperation is appreciated. Should you have any comments or questions, please contact me at (978) 688-9530. Sincerely, Brian J. LaGrasse Conservation Associate cc: NACC Richelle Martin, Conservation Administrator DEP-NERO File 1 North Andover Wetlands Protection Bylaw, Section 178.10(A) (page 8):: "Alteration of any wetland resource area identified in Section 178.2 of this Bylaw". �r/uoJ�7 a,.luJGaJ uG�JaII UIrCJIa of of r/f U/I//.cJlaal i 1 uaGLuuu �.��" i uC ww ul.Ci `"-� Bureau of Resource Protection — Wetlands L ............ WPA Form 9A Enforcement Orderfor DEP use only~ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover wetland Protection B law. Violation Information This Enforcement Order is is66sued by: N�C� AAjJjvR e,- Cons varion Commission (Issuing Authority) To: Name of Viol Yor Location of Violation: 1 Address U I o r � _ Nc.lgii Q r Cr;pTown AssessorszolPlat / Date of Issuance: Date Findings ParceULat 1 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 beerVis 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 Daed fiie.Numbe, Condition numba,(s) E:ctent and type or activity: Vtt�+h�J� L'c;tvSlS�tti� 0� nrD;e r os e) car e t;, - u1�(Y1v�ttf r2 ecJ _ tnSr�.II��CJ ►J O� NW �Tlhact �A ;r it Qc,, 'a Other (specify) Cy►J-,Iyc, v� CS j C2 cAr oe,. �lAv��0r�-Lei t/15�'g''rn�J ►� p 1 � �U�^ �J1/b�it\c.�Q -�L4 al+pc�e mouccc,-, qrQs, n....-, -, Ma5Szc.*7u=2:rs 1y+ePanme:rr or rroreC:lon Bureau of Resource Protection — Wetlands ADA Form 9A - Enforcement Order and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Protection Bylaw. Order The Issuing Authority hereby orders the following (check all that apply): The property owner, his agents, pen iaees, and all ou`ers shall immediately cease and desist from the further act; /icy affecting the Buffer Zone and/or wetland resource areas on this property. YWetland alterations resulting from said activihy shall be ccrrected 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. 3 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 re,-ardine this Enforcement Order should be directed to: II /� y 1-X la��U L -"C a's,, — 17ir? N 1 Name Phone Numoer M- 3y- rcur Dayskrailacle Issued by� C.;nservation Commtssicn In a situation requiring immediate action, an Enforcement Crder may be signed by a single member or acent of the ccmmission and ratified 3y a maicrity of the members at the next sc",eduied meeting of the commission. XThe proper -Ly owner s,"311 Luke the 1`0110 ing action to prevent fort; ,er violations of theAct: J I-ArA� z(-)JkO c co (;� •nn 21r`zjl� 1 t� ��n�utQ �`92 Failure to comply with this Order may constitute grounds for additional legal acticn. Massachusetts General Laws Chapter 131, Secticn 40 provides: "Whoever violates any provisions of chis section shall be punisined by a fine of not more than twenty ive thcusand dollars or by imprisonment for not more than t,^io years or both. Each day or portion thereof of continuing violation shall constitute a separate offense." Sionatures: n Signature ci per r. -1,e cn rrr ^idr mrri cwror, I TOWN OF NORTH ANDOVER NOTICE OF.VIOLATION OF WETLAND BYLAW CATE OF IS NOTICE NAME OF CFf EE�N R �� ,c�► "E' F�i';UeSs Czti�'e(' �� 15 L,Z� ADDRESS OF OFFENDER t Tvr., 'v. S ret✓T IP CODE CITY. STATE. ZODE PAA otq�s DTE OF BOF OFFENDER � - .: . MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER""'.• - NA AJ Ar O FENSE: `?Y,*;.i• o� Cx�ec, a+ _... ., ;ecr- Ao Airac�\el TIME AND GATE OF VIOlAT10 + (A.M.) (6.) ON - LOCATION OF VIOLATION AT -461S Ttxo QTc. Stxec�' - S3 T)I K�iCING PERSON I 5qFORCING DEPARTMENT ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION 0 Unable to obtain signature of offender. Date Mail Citation IDe,1%_VVrA JN THE FINE FOR THIS NON -CRIMINAL OFFENSE ISS 0 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGA D TO DISPOSITION OF THIS MATTER. U(ii-�l N A{L tS � hM544A (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note .to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter r Town of North AndoverNORT4 OFFICE OF ~ jOyctt�6o COMMUNITY DEVELOPMENT AND SERVICES � x 27 Charles Street o � i WILLIAM J. SCOTT North Andover, Massachusetts 01845 9SSACHUS�t Director (978) 688-9531 Fax (978) 688-9542 August 6,1999 The Willows Racquet & Fitness Center c/o Gary Barros 815 Turnpike Street North Andover, MA 01845 VIA Hand Delivery RE: ENFORCEMENT ORDER/ VIOLATION NOTICE @ 815 Turnpike Street On August 5, 1999, staff from this department observed several violations of the Massachusetts Wetlands Protection Act (M.G.L.c.131 s.40) and the North Andover Wetlands Protection Bylaw (Chp. 178 of The Code of North Andover), located on the above referenced property.; This department observed various locations where leaves, gravel and soil were dumped in a protected wetland resource area. This department also observed the unauthorized installation of an underground drainage pipe with a point source, discharging directly into a resource area, numerous locations of unstabilized soil and the storage of heavy machinery within the Buffer Zone to a Bordering Vegetated Wetland (BVW). This department mandates the following actions to be completed immediately: • Remove all landscaping debris (leaves, soil, gravel, etc.) by hand, from the resource area. • Install erosion control (double -staked hay bales backed by trenched silt fence) in between the areas of exposed soil and the BVW. • Remove PVC drainage pipe. • Remove the heavy machinery (front end loader and flatbed pick up) from the Buffer Zone. • Seed and stabilize all unstabihzed soil. Any fertilizers used must be < 5% Nitrogen Content. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 In addition and in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L.c.40, s.21D, a fine is being levied in the amount of $100/ day' starting August 6, 1999 and will continue to accrue until the area has been fully restored to the complete satisfaction of the North Andover Conservation Commission (NACC) or agent thereof and the Enforcement Order is complied with. Each day or portion thereof during which a violation continues shall constitute a separate offense. Once said efforts are satisfied and verified by this department, a final sum due to the Town will be provided to you. Your anticipated cooperation is appreciated. Should you have any comments or questions, please contact me at (978) 688-9530. Sincerely, Brian J. LaGrasse Conservation Associate cc: NACC Richelle Martin, Conservation Administrator DEP-NERO File 1 North Andover Wetlands Protection Bylaw, Section 178.10(A) (page 8):: "Alteration of any wetland resource area identified in Section 178.2 of this Bylaw". ...... .... . ............ LZA Bureau of Resource Protection - Wetlands PA Form 9A - Enforcement Order for DEP use only Massachusetts Wetlands Protection Act M.G.L. c. 13], §40 and North Andover Wetland Im Protection B law. Violation Information This Enf orcement Order is issued by: ANJj\;-Qt" Consavation Commission (Isming Authority) To: Name of violator Location of Violation: X615 �c1.(N YD• V.� s�' St1Address I l v o A, Ciryriown Assessors iWaaP!ar i Parcel/Lor . Date of Issuance: Date 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: El the activity has beerVis 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 Dated File Numde, Condition rumoa,(s) Extent alnd� type of activity: Gye.J�l fOSv�rte ares. uf�(y�vl f�Il.rt%ec� (�S��+IIG1rCJIJ of �Q, � X60 ea• . Other (specify): V tn1 �_�-✓ _ q �rb C �� er� 1N p -A' , eSOv1 C2 Chf OC, , � kjc\,A\'�,t`;ZeJ 1 UA n..,... , -r, �i9assac.�usPrts ��arrrr.�nr or rnv�rann�ncai rrore�aon Bureau of Resource Protection - Wetlands WIDA Form 9A - Enforcement Order and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 737, §M Protection Bylaw,',' 13 order The Issuina Authority hereby orders the following (check all that apply): ❑ The crooerty 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. YWetland 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. 3 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. Guestions reeardino this Enforcement Order should be directeeddj to: J Name Phone Plumber M- F 30 Hcur<JDays ar•ilable JQVq Issued bydr i I i C. marlavon Commisson In a situation raqulrina Immediate action, an Enforcement Order may be signed by a single member or agent of the commission and ratified by a maiorird of the members at the next sc; eduled meedna of the commission. XThe property Owner shall take the folloYuing action to prevent further violations of the Act: �e pf,\i t tl 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." Sionatures: Signature of rervr �e�on orrvttnr' man•'rufroer n- t l 11 unable to ootain signature ororrenoer. uare mail Citation nteiied4e-o#a oder q -A aIl:'1VQf OA , THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ Ii.00 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. uo++ k N 4cL �s 5��eci (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North ;- •- ,.:. Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE operate as a final dispositioner, w' of the matt with Oo " • resulOheco dwill nresulting criminal � (2) If you desire to contest this matter in anon -criminal proceeding, you af?:;:;;•.= '' $..� rOiL • f ,h s s!'FSi'�}"t0 �R y :?, > i'.. •� y .. 1. 6P t f t ..t .. Y { J >Y •� { �tf LSf �Y 7r1 S -.�4 f r F. ?I� P��' S� £ R J. i.}54 f f.. 4S'�P �'�- •t. �% .. b1i: :S\ �3 ; S f xT� '< {y{/ ir ��• I' `< <Y ��oY» 4 `$' 6 {' f fff' x Y S J - f ' .. 4 fif'. Jti ryrye,A,,, 0 I s". s .�"... z�r,d• All, y I r&107G7LSLi wS 46' loll 61 v. t f r a r ' TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE NAME OF `OFFENDER n l/11� Nils KCL t taP� 1 f t Aw)5' cdo ems ADDRESS OF OFFENDER + CITY, STATE, ZIP CODE �t (� U A cif A,,, e r , � � DAT,ti � E OF BIRTH OF OFFENDER 0 ! % -I r MV OPERATOR LICENSE NUMBER N A MV/MB REGISTRATION NUMBER /U 4 OFFENSE: i +r t h�L(N r)� o aov rAeAyjol1n)A t rf (e 0rr Sr,�-"01) 1'A, 10 (A) r»� ' , uQr� f,'�r,�UCtrtuPfT7-L�AVJ , PlAcr � A tla%(6,1 ft?rre_cr#tr1G1e,1rC TIME AND DATE OF VIOLATION_ (A.M.) (P.M.) ON i n Avc,y 4'r" b • ��rl LOCATION OF VIOLATION AT�1S TLA("! AIV,CfPi i SIGNATURE OFrENFORCING PERSON ENFORCING DEPARTMENT I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION Q ❑ Unable to obtain signature of offender. Date Mailed P,,Citationmailed-to-offender 4UNd VC1tVPrA OAJ 'q/61019I THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ I o O r YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. Url ,r N ar c '05 (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St,, North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 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. 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 W Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978)688-9531 August 6, 1999 27 Charles Street North Andover, Massachusetts 01845 The Willows Racquet & Fitness Center c/o Gary Barros 815 Turnpike Street North Andover, MA 01845 VIA Hand Delivery Fax(978)688-9542 RE: ENFORCEMENT ORDER/ VIOLATION NOTICE @ 815 Turnpike Street On August 5, 1999, staff from this department observed several violations of the Massachusetts Wetlands Protection Act (M.G.L.c.131 s.40) and the North Andover Wetlands Protection Bylaw (Chp. 178 of The Code of North Andover), located on the above referenced property: This department observed various locations where leaves, gravel and soil were dumped in a protected wetland resource area. This department also observed the unauthorized installation of an underground drainage pipe with a point source, discharging directly into a resource area, numerous locations of unstabilized soil and the storage of heavy machinery within the Buffer Zone to a Bordering Vegetated Wetland (BVW). This department mandates the following actions to be completed immediately: • Remove all landscaping debris (leaves, soil, gravel, etc.) by hand, from the resource area. • Install erosion control (double -staked hay bales backed by trenched silt fence) in between the areas of exposed soil and the BVW. • Remove PVC drainage pipe. • Remove the heavy machinery (front end loader and flatbed pick up) from the Buffer Zone. • Seed and stabilize all unstabilized soil. Any fertilizers used must be < 5% Nitrogen Content. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 In addition and in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L.c.40, s.21D, a fine is being levied in the amount of $100/days starting August 6, 1999 and will continue to accrue until the area has been fully restored to the complete satisfaction of the North Andover Conservation Commission (NACC) or agent thereof and the Enforcement Order is complied with. Each day or portion thereof during which a violation continues shall constitute a separate offense. Once said efforts are satisfied and verified by this department, a final sum due to the Town will be provided to you. Your anticipated cooperation is appreciated. Should you have any comments or questions, please contact me at (978) 688-9530. Sincerely, Brian J. LaGrasse Conservation Associate cc: NACC Richelle Martin, Conservation Administrator DEP-NERD File 1 North Andover Wetlands Protection Bylaw, Section 178.10(A) (page 8):: "Alteration of any wetland resource area identified in Section 178.2 of this Bylaw". �rw�aat,.:uJcu� uc�Im u:.cJil ur c:uu uuu.c:uv: r: u:ci.:uu uu- r ;c i ami i i�c; 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: i, rjc `+r\ ANJj\;-Qr Consavarion Commission (Issuing Authority) To: W .1' owl �'��cc, v e�' S- 1 Jives5 Ce,�cr Name of Violator Location of Violation: St r Address 'kort- AyAwQr C.TlTown AssessorsMaolplat.V Date of Issuance: Date Findings Parcel/Loral 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 Dared File Number Condition minber(s) Extent and type of activity: Ul��ti�Jl, L'�A;SIS�1N yy a rce are uf,JMA( P\ Oce VW eS6,1fC--- Cir (2&,.., V Other (specify) �td1A.�lpA� cl�AiSt��-,NC. v� �UA&hltk pfu�ccw VV e4, NA fCSMI cQ Cnr oo, . U kJO V\or�je (A �<01� t\i n ` A01rG+1 A�1 Q lr ^Aj!� Qc 1A n..,... , ,.c � Alassac,7usen - s ueparctrent or rJtvironrrenrai rrorecaon 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 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 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. 3Appeals/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: �4L tit Name �-1-) b% - as3o Phone Plumber M -E 5`30- �430 Hour!/Vays Available Issued by -N fvky Q e! 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 prevent further violations of the Act: Qen�a�� a�Ntibr;s b� l�„J. -AIA�,lk e, 0J ri MSN �e►�-d 142- PVC- r vOf i.�6Jc1 �len� 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." Sianatures: je7 Signature of de0va -/ perwn orcertified mad number n...-^ � „r I TOWN OF NORTH ANDOVER NOTICE OF.VIOLATION OF WETLAND BYLAW 4 I - t I DATE OF IS NOTICE /� //�� (9 i „1M ... .. .. V R7fi .. NAME OF \Cdy�r� .. qGh U� R ADDRESS OFFENDER A - ...... '.. .. -. �. ,- ... J CITY, STATE. ZIP CODE DATE OF BIRTH OF OFFENDER .. . .: ..... :: ... :n ... .. Arun v < /A O t qct ; N h- t ' - o MV OPE NSE NUMBER OPERATOR LICE V REGISTRATION M rM8 REGIS NUMBER - - N q N Ar O FENSE: lotj� Ol ri�t T2CT�'C1 ilJe i — 5ecA�00 reSQJrte Cxrea �rr stn L}1101f6rt /`sifrtG4lAiLtZNLe- -_ TIME A ND DATE OF VIT( 1'L ON �jqq 3=� ..) LOCATION OF VIOLATION AT S �U �1iIC 2 C -':.NG fN .. SI TU O F CPE N I Ej1FORCING DEPARTMENT 'j I REBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION X I Unable to obtain signature of offender. Date Mail �J °I I Citation n+nihedis @#ender Ali a 'S ,lv N 1 THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ 0 •'. YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGA D TO „ . - DISPOSITION OF THIS MATTER. �A'F15��tc, :. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: " The Clerk -Magistrate, Lawrence District Court • 380 Common St., Lawrence, MA 01840 ATTN: 21D noncriminal (3) If you fail to pay the above fine or to appear as specified, a criminal ;. . ... complaint may be issued against you. E) A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose p y ent In the amount of areda a am $ ❑ 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 _