HomeMy WebLinkAboutMiscellaneous - 96 AUTRAN AVENUE 4/30/2018 (3)Parrino, Julie
To: a.manzi@comcast.net
Subject: Schruender
Hi, I just wanted to give you an update so we can proceed with this issue correctly. As you know, we have 24 Autran on
our agenda. She is the women with the deck and fence in the No -Build. In the past I issued an Enforcement Order and
then you guys voted to have here remove the deck and file an RDA to keep the fence. Well her attorney advised her to
file for the deck also. As you know this street has many violations, ofcourse many of them are older. I want to address
Schruender's issue carefully, as consistency will be very important. I met with George and Mark Gross about a week and
a half ago. We looked at the so-called structure built to prevent water from flowing into the finished basements. Well,
first I can comfortably say the foundation type structure is more of a retaining wall, so we can forget about the 50' No -
Build at this time. The "wall" did not require a building permit. Was it the best choice for preventing water flow,
according to the engineer, no. Will it help prevent water from flowing into the basement, yes. Well there is a gap in the
wall in which George said he was going to put stairs in. This would have to be filled in to prevent the water from flowing
through it. George thought he was going to cement the base of this structure and create a patio, I said no way. Problem
with this so called wall is that it is approximately 22 to 25 from the wetland. Keep in mind, no one on this street has a
properly maintained 25' No -Disturbance Zone. There is a wooded section upgradient from the wetlands, approximately
10 feet. George did further vegetatate the 25' No -Disturb with bushes which look good. Mark Gross recommended
maybe a swale be graded in the 25' so that if water overflows from the brook it will flow into this swale and back into the
brook instead of flowing in the direction of the wall. I am not sure how we want to handle this. The wall could be brought
forward to meet the 25', a costly job ofcourse but then it would be in compliance. I just want to be fair and consistent as
we have the other project before us and she has filed a lawsuit with the Town for both us and zoning, I believe.
Julie Parrino
Conservation Administrator
Town of North Andover Conservation Department
Division of Community Development & Services
27 Charles Street
North Andover, MA 01845
Telephone (978) 688-9530 Fax (978) 688-9542
t �y
Town of North Andover
Office of the Conservation Department
Community Development and Services Divisi®n
27 Charles Street
Julie Parri_no North Andover, Massachusetts 01845
Conservation Administrator
June 2, 2003
George Shruender
Franklin Realty, 73 Chickering Road
North Andover, MA 01845
Telephone (978) 688-9530
Fax (978) 688-9542
RE. ENFORCEMENT ORDER: % Autran Avenue
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. Schruender :
During an inspection of the Heritage Green Condominium development, I observed a violation
on the property of 96 Autran Avenue. I observed what appeared to be a foundation under
construction behind the house within close proximity of the intermittent stream. I reported the
violation to the Building Department to determine if permitting on any level was obtained.
After speaking with the building department, they informed me the structure was installed to
alleviate a drainage problem and installation of the structure did not require a building permit.
Despite the fact the structure did not need a building permit from the building department, it is
subject to permitting with the North Andover Conservation Commission. Installation of the
structure without a permit from the NACC is a violation of the Massachusetts Wetland
Protection Act and North Andover Wetland Protection Bylaw. 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.
Specific wetland resource that may be affected by the activities include the following:
• Bordering Vegetated Wetland (MWPA Regulations Section 310 CMR 10.55 and the
North Andover Conservation Commission (NACC) Regulations Section I.C.);
• 50 -Foot No -Build Zone (NACC Bylaw Section III.D.); and
• 25 -Foot No Disturbance Zone (NACC Bylaw Section III.D.); and
• 100 -Foot Buffer Zone (NACC Bylaw Section I.C.)
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1e
2
ORDER:
Acting as an Agent of the Commission under MGL C.40, S.211) and the Act (310 CMR 10.08(3)),
enclosed please find an Enforcement Order mandating the following:
The property owner shall immediately take the following actions:
1. Wetland Field Delineation
The property owner shall have all wetland resource areas within 100 -feet of the
unpermitted activities delineated by a qualified wetland biologist.
2. Report
A report shall be provided to the NACC, from a qualified wetland specialist, in
narrative form, that includes a detailed description of existing conditions, all
unauthorized activities, and existing wetland resource areas on site. 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 to
this Department no later than June 20, 2003.
Upon review and approval of the wetland delineation and Existing Conditions Report, the
Conservation Administrator will determine a final completion date for filing and or restoration
activities. Depending on the extent of alteration, the following additional information may be
required by the applicant to address the violations.
1. Plans
Existing Conditions Plan: The existing conditions plan shall include all information
required for a Notice of Intent application filed with the NACC. This plan shall include
the wetland alteration area, structures, facilities, storage area, etc., within 100 -feet of the
delineated wetlands, as well as the location of the 100 -foot buffer zone, 50 -foot No -
Construction Zone and 25 -foot No -Disturbance Zone. This plan will serve as the base
plan for the proposed wetland restoration plan described below.
Restoration Plan: The restoration plan shall include all information required for a Notice.
of Intent application filed with the NACC. The restoration plan shall show the
proposed mitigation measures including, at a minimum:
• The proposed planting and grading plan for the Bordering Vegetated Wetland and
25 -foot No -Disturbance.
• Proposed erosion and sedimentation control measures to be employed on-site.
• Any other mitigation measures deemed necessary to restore the wetland resource
areas on the property.
2. Notice of Intent
A Notice of Intent filing application under the Massachusetts Wetland Protection Act
and North Andover Wetland Protection Bylaw. The filing must included a detailed
wetland and or buffer zone restoration report.
The violations as documented herein are subject to a $300 per day penalty, until such time as
the impacted resource areas have been mitigated. Each day or portion thereof during which
this violation continues shall constitute a separate offense. At this time this Department has
elected to levy a fine in the amount of $100. However, we reserve the right to take additional
action in the future should this Enforcement Order not be complied with retroactive from the
date we were first made aware of the violations (5-21-03).
Failure to comply with this Order and the deadlines referenced herein will result in the
issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw,
C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per
day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the
North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and
the imposition of criminal fines, also per day. This Enforcement Order shall become effective
upon receipt.
Your anticipated cooperation is appreciated.
Administrator
Encl.
CC: NACC
Ms. Heidi Griffin, Community Development Director
DEP-Northeast Region
file
1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover
Wetland Protection ByLaw (REV May 1993/REV October 1998)
4 -
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
TIME AhD DATE OF VIOLATIONl
(A.M.) (P.M.) ON ��SIJl�$Gc�f�'//0� 20
LOCATION OF VIOLATION
AT C6
' SIGNATTUUK-PF� EN/9RCING P ENF RCING DEPARTMENT
I HE BY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
x
O Unable to obtain signature of offender. Date Mailed & 3�y
O Citation mailed to offender /
THE FINE FOR THIS NON -CRIMINAL OFFENSE IS
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. 27 Charles Street, 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.
0 A. 1 HEREBY ELECT the first option above, confess to the offense
charged, and enclose payment in the amount of $
O B. I HEREBY REQUEST a non -criminal hearing on this matter.
Signature
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
June 13, 2003
27 Charles Street
North Andover, Massachusetts 01845
George Shruender
Franklin Realty, 73 Chickering Road
North Andover, MA 01845
RE: ENFORCEMENT ORDER: % Autran Avenue
Telephone (978) 688-9530
Fax (978) 688-9542
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. Schruender :
This is a follow-up letter to the Enforcement Order issued by the Conservation
Department on June 2, 2003. The .Enforcement Order was issued for the installation of a
foundation type structure within the buffer zone and 50' No -Build Zone to a bordering
vegetated wetland, without a permit from the Conservation Department. Upon a site
inspection conducted on the property, it was observed that the structure was installed
approximately 10 to 15 feet from the intermittent stream. You explained the structure
was installed to help divert water, from the overflowing brook, away from the house.
I have spoken with several of my Commission members and they recommended you
hire an engineer to determine if the structure is appropriate to solve your problem.
Upon an evaluation by an engineer, we will determine what mitigation measures. will
be necessary to address the violation. At this time, the Conservation Department will
require plantings along the limits of the disturbed lawn, adjacent to the brook.
Vegetation must be installed to prevent further encroachment towards the resource
area. A wetland biologist must prepare the proposed planting list and submit it to the
Conservation Department for review and approval.
I would be happy to meet with you and your engineer on site to review mitigation
methods that may help alleviate your flooding problems.
Please contact me when you have retained the .services of an engineer. If you have any
questions, please feel free to call me.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Administrator
Encl.
CC: NACC
file
2
Town of North Andover
Office of the Conservation. Department
Community Development and Services Division
27 Charles Street
Julie Parrino North Andover, Massachusetts 01845
Conservation Administrator
July 18, 2003
George Shruender
Franklin Realty, 73 Chickering Road
North Andover, MA 01845
RE: ENFORCEMENT ORDER: % Autran Avenue
Restoration Report
Dear Mr. Schruender :
Telephone (978) 688-9530
Fax (978) 688-9542
This Department is in receipt of a Restoration Report dated July 7, 2003, prepared by Basbane
Associates for alterations within the 25' No -Disturbance Zone, located adjacent to the
intermittent stream behind your property on Autran Avenue. An Enforcement Order was
issued to you on June 2, 2003, for the un -permitted foundation type structure constructed
within 50 feet of a wetland resource area.
I have reviewed the report prepared by Leah Basbane and hereby approve the restoration
plantings recommended in the report. Erosion controls should be installed immediately and
all debris, including brush and leaves must be removed from the resource area. All plantings
must be completed no later than August 31, 2003 and the Conservation Department must be
notified upon completion of the restoration activities.
It is my understanding that you are working with Neve Associates to address the flooding
issues on the site. I would be more than happy to meet with you and your engineer on site to
discuss the current conditions and proposed mitigation methods.
If you have any questions, please feel free to call me.
Administrator
CC: NACC
Neve Associates
file
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
07/14/03 MON 13:57 FAX 9786855900 CARLSON/GMAC RE
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BASBANES ASSOCIATES
Wetlands Consulting
39 Hardy St.
Dunstable, MA 01827
(978) 649-3839
July 7, 2003
Mr. George Shruender
Franklin Realty
73 Chickering Rd.
N. Andover, MA 01845
RE: 96 Autran Ave.
10002
At your request, I have inspected the property at 96-98 Autran Ave., N. Andover.
My observations was that work occurred within the 25' No Disturb Zone, though no
impact was made to the Bordering Vegetated Wetland or intermittent stream.
Approximately 600 s.f- of the No Disturb Zone was altered. The work that
occurred includes the construction of a foundation -type structure and the removal
of vegetation to within approximately 8' of the wetland resource area. There is
some debris in the BVW i.e. fence material, brush, leaves, grass clippings, that
should be removed. Also sift fence should installed along the limit of existing work
so as to prevent any impact on the wetland resource area
I recommend that the 251-10 Disturb Zone be marked in the field. The area should
then be stabilized with vegetation. This should include the installation of the
following plants:
# Species
Size
Syncing
8 feet on center
4 Arrowwood Viburnum recognitum
3'- 4'
3 Winterberry Ilex verticillate
T- 4'
8 feet on center
3 Red Maple Acer rubrum
3'- 4'
8 feet on center
The area should then be planted with a conservation seed mix that includes the
following species:
Creeping Red Fescue WW rub%
Wild Rye F/Xmus vir ki=
Deertongue
Switchgrass A2akm woo= t.
07/14/03 MON 13:57 FAX 9786855900 CARLSON/GMAC RE @1003
Application rate is llb/ 1200 s.f.
If you have any questions or comments, please do not hesitate to contact me.
Thank you.
Sincerely,
Leah D. Basbanes, M.A.
Bioligist/Wetland Consultant
FAX: (978) 685-5900
NAM VOICE MAIL: (978) 762-6162
E-MAIL: gschruender@carlsonre.com
-++�K TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
n133
DATE OF THIS NOTICE
NAME OF
SMV OPERATOR LICENSE NUMBER I MV/MB REGISTRATION NUMBER
'OFFENSE: J /
14,
fcJJ�rfr-� Z�W_
TIME AND DATE OF VIOLATION /
(A.M.) (P.M.) ON C/1 '.� J%2/fJ, 20
LOCATION OF VIOLATION
: SIGNATURE'OF ENFORCING PEASO ENFORCING DEPARTMENT
':I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
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X
�❑ Unable to obtain signature of offender. Date Mailed _&1,34--3
: ❑ Citation mailed to offender
-THE FINE FOR THIS NON -CRIMINAL OFFENSE IS
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
Fbetween 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted, before: The Conservation Office. 27 Charles Street, 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
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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
A. Violation Information
This Enforcement Order is issued by:
North Andover June 2, 2003
Conservation commission (Issuing Authority) Date
To:
George Schruender
Name of Violator
Franklin Realty, 73 Chickering Road, North Andover, MA 01845
Address
1. Location of Violation:
rrvimny vwner tir ainerent)
96 Autran Avenue
Street Address
North Andover 01845
city/Town
Zip Code
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
DEP File Number:
Provided by DEP
Installation of a foundation type structure within buffer zone to bordering vegetated wetland without a
permit from the North Andover Conservation Commission. Structure installed within the 50' No -Build
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
Dated
wpaform9a.doc • rev. 12/15/00
Page 1 of 3
. _4 lx..a .k
Massachusetts Department of Environmental Protection
L7/ IBureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
File Number Condition number(s)
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. 12/15100
Page 2 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
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 Omer may be signed by a single member or
agent of the Commission and ratifid`6lmajority of the members at the next scheduled meeting of the
Commission. ��
Signatures: /% 2
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 12/15/00
Page 3 of 3