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HomeMy WebLinkAboutMiscellaneous - 890 JOHNSON STREET 4/30/2018 (3)f IWO r 1,4,: PAD 1:0. 29-Trj KC"CLki-I R BASBANES ASSOCIATES Wetlands Consulting 39 Hardy St. Dunstable, MA 01827 (978) 6493839 August 30, 2000 To: North Andover Conservation Commission RE: 890 Johnson St., North Andover Craig Wilson-- Restoration Plan The following is a restoration plan for the altered buffer area at 890 Johnson St., N. Andover. Approximately 1600 s.f. of lawn area located between 2 wetland resource areas was altered. The alteration consists of removing some large boulders, disturbing the lowngrass and top 5 inches of topsoil, and the cutting of 1 small pine tree (4" diameter). This lawn area is a historically filled wetland. It was a stream with BVW, but was piped and filled, most likely done at the time of the house construction (approximately 20 years ago). There is the culvert mouth on the north side of the driveway and the outlet on the South side of the property. See attached sketch. There does not appear to be any siltation or negative impact on the surrounding wetland areas. No other vegetation was disturbed or removed. LN *F2 %•: Restoration of this area would mainly consist of handroking the topsoil back in place and the revegetate the area to provide quick stabilization of the soil. The following sequence should provide adequate erosion control and restoration of the altered area. 1. Install silt fence on the south side of alteration . Silt fence is to be buried 6" into the ground and supported by stakes. 2. Handrake the topsoil to provide even distribution. 3. Seed with a quick germinating grass mix. Seed mix should have both annual and perennial species. 5. The silt fence should remain in place until the soil is stabilized with vegetation or until approved by the Commission. I believe that though a violation occurred, the disturbed area will revive well and will not suffer any significant long term adverse affects. No impacts have been made to the bordering wetland area. If you have any further questions or comments, please do not hesitate to contact me. Thank you. Sincerely, % Leah D. ksbanes. M.A. Wetland Consultant/ Biologist 4 H PI J N flak+;--A,q ,to yc --w Q�Qr,�r 4m as da%saft .0. I 9 1A LISA A. WILSON 5-7515/110 '2159 CRAIG M. WILSON 59500017286 890 JOHNSON STREET NORTH ANDOVER, MA 01845-5524 Xo' 6ro `sovereign SOW ---D eel- NP ':0LL075L50l: 595000I72B�20 I V �e�� mo5myc TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE IL . ZOUt) NAME OF OFFENDER ADDRESS OF OF ENDER CITY, STATE, ZIP CODE DATE OF BIRTH OF OFFENDER MV OPERATOR LICENSE NUMBER MV/MB REGISTRATION NUMBER OFFENSE: f �t 4 c �?., f ,.� n>� l! n' tl Js B 1%tJ iC 1'4'6 A t.LLt� L� !Jr.,�, AJu.,r�- T �. CI(A.M.) (QM.) ON 51 CiU AT L Tv�..tib� S� r� (�nr�vr Opt SIGNATURE OF ENFORCING PERSON ENFORCING DEPAH�T}MENT IC, tj I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION ❑ Unable to obtain signature of offender. D to ailed ]'Citation matted to offender VIA H r e (lv t/ j `jib THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ i CJ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY Town of North Andover RTH O 10 OFFICE OF �? yt, 60 COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street * t 04 ,. a North Andover, Massachusetts 01845 ''�ss�cHu 0" 1., WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 August 16, 2000 Craig and Lisa Wilson 890 Johnson Street North Andover, MA 01845 VIA Hand Delivery Cop, Sept- VIA- Ceri-�S`J kkll 0- -Z 3qb 62(v 35( RE: Enforcement Order/Violation Notice - Violation of the Massachusetts Wetland Protection Act (M.G.L. C.131 S.40) and The North Andover Wetlands Protection Bylaw (C. 178 of the Code of North Andover) Dear Mr. and Mrs. Wilson: On August 15, 2000, this Department visually observed unauthorized work at the above referenced property. The subject violation consists of regrading within a Bordering Vegetated Wetland (BVW) which is a protected resource area. This Department is issuing an Enforcement Order and a Violation Notice (attached) mandating the installation of erosion control and that all construction activity Cease and Desist immediately, and that you to consult with a qualified wetlands biologist and submit a Wetland Restoration Report by no later than August 31, 2000. The North Andover Conservation Commission (NACC) is hereby levying a fine in the amount of $1001 in accordance with Section 178.10 of the North Andover Wetlands Protection Bylaw and M.G.L. C.40, S.21D. Each day or portion there during which a violation continues shall constitute a separate offense. Please be aware that any work proposed within 100' of a protected resource area and within 200' of any perennial stream are subject to either a Request for Determination of Applicability (RDA) or Notice of Intent (NOI) filing with the North Andover Conservation Commission (NACC) (Sections V and VI of the North Andover Regulations). Please be aware that you are in violation of the Massachusetts Wetland Protection Act and North Andover Wetlands Protection Bylaw (Chapter 178 of the Code of North Andover) and failure to comply with the above mentioned deadline will result in additional penalties and/or fines. If you have any comments or questions, feel free to contact me at (978) 688-9530. Thank you for your anticipated cooperation. ' Alteration of any wetland resource area identified in Section 178.2 of this Bylaw = $100 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, '2 Bria aGrasse Acting Conservation Administrator cc: NACC Members Richelle Martin, Conservation Administrator DEP-NERO File Board of Selectmen. Tom Urbelis, Town Council Police Clerk Magistrate . Bureau of Resource Protection - Wetlands I A For - Enforcement Order for DEP use only .Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland Protection Bylaw. Violation Information This Enforcement Order is issued by: AA ANAo,,.ke/- conwYarion commission (issuingkthonty) To: C Name of VNAr Location of Violation: StreetAddress Ijar�'k A.. .c r City/Town Assessors MaplPlat / Date of Issuance: At -,IV$ r Date Findings Parcel/Lot l 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: fthe activity has been/is being conducted without dvalid rder of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) Extent and type of activity: G+ Borjaev" VeAelfkAed rim 6.go rArat 4-e Wit., Ajov-qr s (V6c�Jfo Ucw C•vgi A +11--9- Cob P Vo* Ali Other (specify): }� IAAi4 �i�Qfi C fd IreQ d+n/1 +A fC �Aeg <'e5o4vrt e n..,... 'I -r n WPA 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): l-` 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. c Wetland alterations resulting from said activity.shall be orrected 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: n Bt1tim L-c,6-mss"e tetjyA 641) � Phone Num -_30- LAI 30 A OAJ - Fr; Hours'Days Available Issued by W4\ (#NjCn,� e 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. XThe property owner shall take the following action to prevent further violations of the Act: �[n5+4,11 efUS( .V Cdjij 'n� 6LJ Ce(ASC' anJ Amst tn-' ' ,r4tr 0,rTw.ka A Qci4-W JV �Tt I 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• , <- i i Signature of delivery person or certified mail numbs - I/— Il....n 7 ..c'1 .Y , ! 11 TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE ii yy ,�� V�AU'S� `�7 � 6-il�� NAME OF OFFENDER 1 rc \ *- 1 r AODHESS O OF ENDER 1%b '13v S+ ITY, STATE, 21P CODE GATE OF BIRTH OF OFFENDER a/9tn(jACJ_ ."2t� QIP MV OPERATOR UCE SE NUMBER M7 REGISTRATION NUMBER a► ®� OFFENSE: W(ellwd Folukwa A;, -t [A6,1, C. G I sm 61 A4 "k kyA k4oviar W2A4r,jS` Ce ` g�tlt�l�i �C • I � 0� 414 Ce� o'- 9N7I Alk kri 6j 12 r 1 §WJ,jA(A.M.) (K-1)ON IISI I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION Q Unable to obtain signature of offender. D to all d rVIA �WW�a'+� THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ CO N YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 27 Charles St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with ,no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding, you may do so by making a written request, and enclosing a copy of this citation WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court 380 Common St., Lawrence, MA 01840 ATTN: 21 D non -criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. ❑ A. I HEREBY ELECT the first option above, confess to the offense charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY PINK: POLICE COPY GOLD: COURT COPY 9(I 0 3 N qtX � nom, 0 444`^ IN '0 Ot', '74' Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director September 28, 1998 27 Charles Street North Andover, Massachusetts 01845 Mr. and Mrs. Lee 890 Johnson Street North Andover, MA 01845 RE: ENFORCEMENT ORDER - Violation of the 50' No -Construction Zone (C.178 of the Code of North Andover). Dear Mr. and Mrs. Lee: On September 21St, 1998 this Department performed an inspection at the above referenced location and verified that the addition to the existing dwelling was removed from the 50' No -Construction Zone. This Department and the North Andover Conservation Commission (NACC) have no further concerns with the previously issued Enforcement Order and as the site is now in compliance with the Act and local ByLaw. Please note, any future activity proposed or undertaken within an area specified in the Act (310 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC) and Massachusetts Department of Environmental Protection (DEP). Furthermore, any future activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or Notice of Intent. I trust that this correspondence will suffice, however, please do not hesitate to contact myself or the Conservation Department should you have any concerns or questions. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, Michael D. Howard Conservation Administrator Cc: NACC Richelle Martin, Conservation Associate 310 CMR 10.99 DEP File No. 242 - (To be provided by DEP) Form 9 City/Town - North Andover Applicant -9RA6 Commonwealth of Massachusetts ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G..L.C.131, S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conservation Commission (NACC) Issuing authority To: M�,- MU Me5' 1'f -F Date of Issuance: Property lot / parcel number, addressAMo (J d- mac, Extent and type of activity: The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M.G.L. C. 131, S40, and the Regulations promulgated pursuant thereto, 310CMR 10. 00, because: ❑ said activity has been / is being conducted without a valid Order of Conditions. ❑ said activity has been / is being conducted in violation of an Order of Conditions issued to ' dated File number 242- , condition number (s) other (specify) The North Andover Conservation Commission hereby orders the following: The property owner, his agents, permittees and 'all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition.D nA S I � �n w ^ O 0 _ Nsit'���A t� �V11 , V "v ` L! � Effective 11/10/89 't( C 9-1 Issued by North Andover Conservation Commission (NACC) ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before (date) and 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. Application forms are available at NACC Office, Town Hall, North Andover, MA 01845, (978) 688-9530. ❑ The property owner shall take every reas nable step to preven rther violations of the act. Other (specify): � � � , U � n Vv1 Failure to comply with this Order may constitute grounds for 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. Questions regarding this Enforcement Order should be directed to: certified mail number) '1-11 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director September 4, 1998 30 School Street North Andover, Massachusetts 01845 Mr. and Mrs. Lee 890 Johnson Street North Andover, MA 01845 RE: VIOLATION - Massachusetts Wetland Protection Act (MGL 0131 S.40) and the North Andover Wetland Protection ByLaw and Regulations (C.178 of the Code of North Andover). Dear Mr. and Mrs. Lee: Enclosed please find a second Enforcement Order as mandated by the North Andover Conservation Commission (NACC) after a unanimous vote (7-0-0) during a public hearing on Wednesday, September 2nd, 1998. This document is being issued under the guise of the Massachusetts Wetland Protection Act (310 CMR 10.08(3)) and the North Andover Wetland Protection ByLaw (c.178.10). On August 17f,1998 this Department visually observed from a public way a violation of the 50' No -Construction Zone as defined under the North Andover Wetland Regulations (Section XI). The subject violation consists of the construction of a deck/ patio area without necessary approvals from the NACC and Massachusetts Department of Environmental Protection. In order to satisfactorily assess and mitigate presumed impacts to on-site wetland resource areas, the NACC hereby orders the following: 1. Submit a complete Notice of Intent application prepared by a qualified Wetland Biologist to this Department no later than noon on September 251h, 1998. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Failure to comply will result in the issuance of a fine in the sum of $50.00. Each day or portion thereof after the established deadline in which the violation remains is constituted as a separate offense and subject to addition fines also in the sum of $50.00 (C. 178.10 - North Andover Wetland ByLaw. The purpose of the North Andover Wetland Protection ByLaw and Regulations is to preserve and protect the wetland resource areas and buffer zones of the Town of North Andover by regulation of, and control of, activities deemed by the NACC to have significant or cumulatively detrimental effect upon the following interests and values, including but not limited to: public or private water supply, groundwater, the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife, wildlife habitat, and recreation. Except as permitted in writing by the NACC, or as provided in the ByLaw, no person shall remove fill, dredge, discharge into, build upon, or otherwise alter or degrade protected wetland resource areas or the buffer zones thereof. Your antic: Since ly, Michael D. Conservation Administrator Encl. Cc: NACC file is appreciated. f ik310 CMR 10.99 DEP File No. 242- N (To be provided by DEP) Form 9 City/Town - North Andover Applicant - Commonwealth ofMassachusetts ENFORCEMENT ORDER Massachusetts Wetlands Protection Act, M.G..L.C.131,.S40 and under the Town of North Andover Bylaw, Chapter 178 of the Code of North Andover From: North Andover Conse rvation Commission (NACC) Issuing authority To: M�, G, MSS, E Date of Issuance: I— .I Property lot / parcel number, address: Extent and type of activity: K� The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, M.G.L. C. 131, S40, and the Regulations promulgated pursuant thereto, 310CNIR 10.00, because: Xsaid activity has been / is being conducted without a valid Order of Conditions. ❑ said activity has been / is being conducted in violation of an Order of Conditions issued to ' dated File number 242- , condition number (s) ❑ other (specify) T e North Andover Conservation Commission hereby orders the following: The property owner, his agents, permittees and'all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by North Andover Conservation Commission (NACC) Completed application forms and plans as required by the Act and Regulations shall be filed with the North Andover Conservation Commission on or before l2'00-15- (date) and 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. Application forms are available at NACC Office, Town Hall, North Andover, MA 01845, (978) 688-9530. The property owner shall take every reasonable step to prevent further violations of the act. Other (specify): ems/ , cfie5 (m vc� . Failure to comply with this Order may constitute grounds for 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. Questions regarding this Enforcement Order should be directed to Issued by: North And Signature(s) Co ery (Administrator) 9-2b ission (Signature ofd livery person or certified mail number) Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director August 18, 1998 Mr. Yong Lee 890 Johnson Street North Andover, MA 01845 VIA CERTIFIED MAIL RE: VIOLATION of the Massachusetts Wetlands Protection Act (M.G.L. C.131 S.40) And the North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. Lee: On August 17, 1998, this department visually observed a violation that took place at the above referenced property within the 100' Buffer Zone of a Bordering Vegetated Wetland (BVW). The subject violation consists of the construction of a deck/patio area without the necessary approval through a permitting process through the North Andover Conservation Commission (NACC). Any work that is proposed within the Buffer Zone of a BVW is subject to a filing of a Request For Determination of Applicability or a Notice of Intent, through the NACC (Sections III and IV of the North Andover Wetland Regulations). Please be advised that you are in violation of the Massachusetts Wetlands Protection Act, and the North Andover Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. In addition, you are required to attend a public meeting before the NACC on September 2,1998 to discuss this matter. The meeting takes place at the Department of Public Works located at 384 Osgood Street at 7:OOPM. Please refer to the attached Enforcement Order. Should you have any questions, feel free to contact me at (978)688-9530. Thank you for your anticipated cooperation in this matter. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, l'-4 bvuj-" aby, Richelle Martin Conservation Associate Cc: Bob Nicetta, Building Inspector Michael D. Howard, Conservation Administrator DEP-Nero NACC members File LO C. ,a.99 'cam 9 =-/es_`` H_jSSa==setCs nE? Fie ;Na_ Z4 Z- 1 (ia be-t-mdcd ;,y C.8') C:r�io•u 'VGA"' '.�TuGci t u�ssac�Lse��s ?a t1•-=�sV_-c�cc�,c� �c�, G._. c_Y��-- L�_,ym (IPfuE? - ._ �Cc.Y Gr �\(GA-- :�i7Gc�_. _-r =.4..r c,�„r` �, CG' T_'J�I rQur�:'nir I_ I _ Egg ` )DI' h -2)L �`r"f'-Qk+ ...,. _ C:s acer_ts., _..e �_ ce—_r v .:.e ^� -e eC✓=::ei 7 cense a_t `TFCC iJg �'et2^'_.:e� `3: t~e _~e L_2 L, c:4 , z.-.. he tee_` .. ._C .-.2C ___ _ _a ._c 'C= d : C=a e= C c ...,. _ C:s acer_ts., _..e �_ ce—_r v .:.e ^� -e eC✓=::ei 7 cense a_t 1„su•d h;r NORM arr�0�r�.. 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N m y a CL U) r m -6-6 m 'N .-_ W c.0 E ca y w m'mr 3 a °E m md0W3N 3 E N¢ a dd m c avi 'oy3 > °7dOZC 7 °N TN N Y TNS G TN E' w W d • (A V C_ � 3 N E m EF W C) O m Q R (fid d U u E :n a1 1/10-io +/0 Y) /; .a. d j B .vui)ns6.f Yy . SENDER: ■ Complete items 1 and/or 2 for additional services. s Complete items 3, 4a, and 4b. e Print your name and address on the reverse of this form so that we can return this card to you. s Attach this form to the front of the mailpiece, or on the back if space does not permit. o Write "Return Receipt Requested" on the mailpiece below the article number. s The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 171t. Y6191 Ze-C, Oyu 70h r7so h S� LlS� LES 5. Received By: (Pr t Name) -.4— Addressee or Agent) _ - I also wish to receive the following services (for an ❑ Registered extra fee): 1. ❑ Addressee's Address 4i 2. ❑ Restricted Delivery N ❑ COD Consult postmaster for fee. o 4a. Article Number 2 s4a "776 a 8`�/ 4b. Service Type ❑ Registered Mtertified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Deliry o g 9 0 8. Addressee' Addr s (Only if requested Y and fee is paid) PS Form 3811, December 1994 102595-98-13-0229 Domestic Return Receipt r t— 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 • —700JI7 O r /rlal-# �7o6UG/' I , 6z4scrl/a-10 A 6,1nm/s&/o/1 &a � Os5o ad Aa. I Mc6 uer, IVX � 2 4 890 Tohnson Street • On July 15, 1998 Mr. Gil Lee, resident of 890 Johnson Street, came in to our office with a "Form U" application for a deck. • Susan with the Board of Health pulled her file to go over his proposal since they are on septic. • She(Susan) showed me the Board of Health plan for a septic repair that was done in 1996. • On the plan, wetlands were evident on the property as delineated in 1996. • The wetlands were in close proximity to the proposed deck. • Mr. Lee stated that there was already a brick patio in the exact location of the deck to be constructed. • Therefore, they would only have to build up from the existing patio, it wouldn't require sono tubes or posts. • The brick patio is not on the Board of Health As -Built dated 6-11-96. • I visited the property and told Mr. Lee that I would speak with Mike and get back to him. • Mike and I both felt as though it required a Notice of Intent application. • I contacted Mr. Lee by telephone, and thoroughly explained the application process as well as providing him with 3 qualified professionals to assist him. • He completely understood what he had to do. • We left it at that. • The next day, Mrs. Lee came into the office to pick up a Notice of Intent application and spoke to me. • She explained that there was an existing patio, and they could build up from that. • I told her that that was a good plan, because they wouldn't have to dig down to install the posts, expose soils, etc., but that they still had to file an application for your review. • I also told her that I don't make determinations, I just simply direct people and assist through the permitting process. • On August 17, 1998, I drove by the property and observed that the deck had been built without the necessary approval, and without a building permit. • I spoke with Mrs. Lee and she stated that she misunderstood my direction. • I wrote them a letter and requested their appearance before you tonight for a determination to be made. i Town of North Andover Of r10RTh , OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street *, North Andover, Massachusetts 01845 :0004..o WILLIAM J. SCOTT Director August 18, 1998 Mr. Yong Lee 890 Johnson Street North Andover, MA 01845 VIA CERTIFIED MAIL RE: VIOLATION of the Massachusetts Wetlands Protection Act (M. G.L. C.131 S.40) And the North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. Lee: On August 17, 1998, this department visually observed a violation that took place at the above referenced property within the 100' Buffer Zone of a Bordering Vegetated Wetland (BVW). The subject violation consists of the construction of a deck/patio area without the necessary approval through a permitting process through the North Andover Conservation Commission (NACC). Any work that is proposed within the Buffer Zone of a BVW is subject to a filing of a Request For Determination of Applicability or a Notice of Intent, through the NACC (Sections III and IV of the North Andover Wetland Regulations). Please be advised that you are in violation of the Massachusetts Wetlands Protection Act, and the North Andover Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. In addition, you are required to attend a public meeting before the NACC on September 2, 1998 to discuss this matter. The meeting takes place at the Department of Public Works located at 384 Osgood Street at 7:OOPM. Please refer to the attached Enforcement Order. Should you have any questions, feel free to contact me at (978)688-9530. Thank you for your anticipated cooperation in this matter. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 P, Sincerely, a+wL Richelle Martin Conservation Associate Cc: Bob Nicetta, Building Inspector Michael D. 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