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Home My WebLink AboutMiscellaneous - 980 Great Pond Road_ 1 310 CMR 10.99 Form 9 .:,' r- Commonwealth `—=' ►' _ of Massachusetts ? DEP File No. (10 be provided by DEP) City Town North Andover, IIA Aooticarn El Hefni Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SEC'110N 3.5 From North Andover Conservation Conunlssion Issuing Authority To Ihrd►him E1Hefni Date of Issuance _ July 23, 1992 Property lot/parcel number, address 980 Great Pnnd Rnad Extent and type of activity: Alteration of land within the buffer zone of a wetland and within the buffer zone of Lake Cochichewick. The North Andover Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act. G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00. because: XXXZXXSaid activity has been/is being conducted without a valid Order of Conditions. 1071 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 Conuniss ion Hereby orders the following: XXXX?�The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this prcperty. XXXXUX Wetland alterations resulting from said activity shall be corTected and the site returned to its original con- dition. Issued by North Andover Conservatimi Conunlsslorl �. C 0 Completed application forms and plans as reaurred h\ the Act And Regulations shall be filed with 111E North Andover Conservation ConnnissitMor before _ fdate) and no further work shall be performed unllf a public nearrnq rias been held and an Order o' Corldrtron* has been issued to regulate said work. Application forms are available at. NACC Off ice__ 120 Main St., (Town Hall) XXX7 The property owner shall take every reasonable sten to prevent further vlo►atlons of 111C act No. Andove r j1A Tel. 11082-6483 01815 xx{XOther (specify) All work will stop immediately. The property owner will appear before the Conservation Commission at 7:30pm on August 5, 1992. Failure to comply with this Order may conslitute grounds for leoal action Massachusetts General L�+\•:s Chat). ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a fain of not mare than twenty-five thousand dollars or by imprisonment for not more than two years or b_llll Each day or portion thereof of continuing violation shall constitute a separate offense Ouestions regarding this Enforcement Order should be directed to Richard Doucette, Conservation Admin. Issued by North Andover Conservation Commission Signature(s) strator) IC�'.Jr1alUIP r't d�`hl\'Pt\ l'r'fr.ril or certifrec rimil nurtrrer 1 NORT/,'ti KAREN H.P. NELSON` Town of n Director ' NORTH ANDOVER BUILDINGaB CONSERVATION BCH DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT October 8, 1992 Mr. Ibrahim El Hefni 980 Great Pond Road North Andover MA 01845 Dear Mr. E1 Hefni: 120 Main Street, 01845 (508)682-6483 The North Andover Conservation Commission plans to review the progress of work on your property on October 21, 1992. The Commission urges both you and your wetlands consultant to appear at 7:00pm on that date so that we can assess your progress. Please make every effort to attend this meeting. Sincerely, -- Richard P. Doucette Conservation Administrator CC : WPI `,q ETLANDS II,RESERVATION �Y4 I N C. September 3, 1992 Mr. George Reich, Chairman North Andover Conservation Commission Town Hall North Andover, MA 01845 Re: Wetland Restoration Hefni Property North Andover, MA Dear Mr. Reich: This letter is to inform you that Wetlands Preservation, Inc. (WPI) has been retained by Mr. Abraham Hefni to develop a wetland restoration program for his property at 940 Great Pond Road in North Andover, Massachusetts. WPI will be working with Mr. Hefni's surveyor, Andover Consultants, Inc. to resolve the wetland concerns associated with the Enforcement Order issued by the North Andover Conservation Commission (NACC) on the property. By way of providing the current status of the restoration effort, WPI has reviewed the site with Mr. Hefni and identified several efforts which have been or need to be undertaken to restore the impacted areas. Those efforts we believe required to be addressed are as follows: 1. provide a revegetation plan for areas in which vegetation was recently cut; 2. evaluate stream flow channels to determine their original location and the most appropriate way to restore them; 3: remove the wood piles from the cut wetland area; 4. remove boulders placed along the southeast edge of the pond; 5. remove cut brush and wood chips from the edge of the wetland along the yard area. 569 North Street 47 Newton Road 126 Wildcat Road Georgetown, MA 01833 Plaistow, NH 03865 Barrington, NH 03825 (508) 352-7903 (603) 382-3435 (603) 664-7645 To date, Mr. Hefni has removed most of the wood piles from the wetland. He has also filled in the mouth of a channel he dug to direct road drainage to the southern swale, and has removed accumulated siltation from the northern swale, thus restoring drainage through this area. On the basis of a discussion with Mr. Doucette on September 2, 1992, WPI has advised Mr. Hefni that the NACC wants all further restoration work at the site to be stopped until a restoration plan is completed and that any work that must be done be done under the direct supervision of WPI. With regard to WPI's efforts, the wetland areas have been delineated on the site in the vicinity of the proposed restoration effort and Andover Consultants, Inc. will be generating a site plan of existing conditions. This plan will be the basis of the restoration program. Aerial photography of the site has been ordered and several sets of photographs have recently been received. WPI will be proceeding with the development of the restoration program and anticipates meeting with the NACC Administrator as soon as the conceptual plan is developed. The specific schedule for the final plan cannot be projected at present, however, WPI will provide updates to the NACC of the progress of the plan on an as requested basis. Should you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, Curtis R. Young President CRY:bsg cc: Abraham Hefni Andover Consultants, Inc. "opN KAREN H.P. NELSON Town Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDINGa'''` .^OMpB` CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT April 22, 1991 Mr. Ibrahim E1 Hefni 588 Essex St. Lawrence MA 01849 Dear Mr. El Hefni: Please be advised that an encroachment has occurred on public property adjacent to a residence owned by you at #1665 Great Pond Rd. in North Andover. This encroachment consists of several piles of rocks, leaves and logs from landscaping operations. This dumping exists at gates conveniently placed along your fence. These gates are being used to discard debris on Town land. This dumping must cease immediately and all material previously dumped must be removed at your earliest convenience. One portion of the stockade fence is down and should be removed from Town land. If you would like to meet me on site to inspect the area in question please contact my office to arrange a site visit. Thank you for your cooperation. Respectfully, Richard P. Doucette Conservation Administrator CC : Occupant, #1165 Great Pond Rd., North Andover Karen HP.Nelson, Division Director s4 310 CMR 10.99 Form 9 Commonwealth `—_= ►��---_' of Massachusetts fj r. ?;�� r.• :.ice..• DEP File No. (10 be provided by DEP) City Town floor cant North Antlrrver, IIA El Hefni Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From North Andover Conservation Conlrniss ion Issuing Authority To Ihrdhim ElHefni Date of Issuance July 23, 1992 Property lot/parcel number, address 980 Great Pnnd Road Extent and type of activity: Alteration of land within the buffer zone of a wetland and within the buffer zone of Lake Cochichewick. The North Andover Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act. G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: XXXfxXSaid activity has been/is being conducted without a valid Order of Conditions. O Said activity has been/is being conducted in violation of an Order of Conditions issued to . dated File number 242— , Condition number(s) l7 Other (specify) The North Andover Conservation Couuniss Ion hereby orders the following: XXXXXXXThe property owner. his aoents. permittees arid all others shall immediately cease arid desist from further activity affecting the wetland portion of this prcverty. XXXXUXWetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. M Issued by North Andover Conserva.tioti C:onunrssion Il Completeo application forms and plans as recurred h� the A7: and Regulations shall be filed with IhE North Andover Conservation Connnissigllor before _ Idatei and no further work shall be performed until a public heanno has been held ano an Order of 'Condition* has been issued to regulate said work. Application forms are available at. NACC ()I' f ice 120 Mairr St., (Town llatl) XXXiT The property owner shall take every reasonable step to prevent further violations of the act No. Andover, 1A XXXRkXOther (specify) Tel. 11682-6483 01845 All work will stop immediately. The property owner will appear before the Conservation Commission at 7:30pm on August 5, 1992. Failure to comply with this Order may constitute grounds for legal action Massachusetts General Laws Utiat) ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a fare of not marc, than twenty-five thousand dollars or by imprisonment for not more than hvo years or bNh Each day or portion thereof of continuing violation shall constitute a separate oflensc! Questions regarding this Enforcement Order should be directed to Richard Doucette, Conservation Admin. Issued by North Andover Conservation Commission Signature(s) II cALoc_�Z I . d/ (Administrator) IC��rtalUle C'I (iC•Ir�•r>r1 l,nr..r,r� or certiftec marl nurnr,ec I .�._ 7 OF ,�OwTN 1 Town of t�AREN. H.P. NELSON . r s Director NORTH ANDOVER BUILDING@°'::o CONSERVATION acwust DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT July 28, 1992 Dr. E1 Hefni 980 Great Pond Road North Andover, MA 01845 Re: Watershed violations, 980 Great Pond Road Dear Dr. Hefni; 120 Main Street, 01845 (508)682-6483 Please be advised that the work being performed at the above referenced address is in direct violation of Section 4.136 of the North Andover Zoning Bylaw and Chapters 131 and 40A of the Massachusetts General Laws. More specifically, regrading and cutting of existing vegetation has occurred within 100' of a tributary to Lake Cochichewick and further within 250' of the Lake itself. You are hereby required to contact my office within seven (7) days of receipt of this letter. Should you fail to respond I will be forced to take any legal action necessary to protect the interest of the Inhabitants of the Town of North Andover. Your cooperation with regard to this matter is anticipated. Sincerely, e4A-ez��- Christian C. Huntress Town Planner Return/Receipt cc: Karen H.P. Nelson, Director DPCD Richard P. Doucette, Conservation Administrator REG= i4't0 310 CMR 10.99 pAEitrL LOS To 'N Form 9 NpRTN=;b.iO4tER 4' � 37 Commonwealth of Massachusetts >m y - r #980 Great Pond Road DEP File No. None (To "provided by DEP) City Town—North Andover, PIA Aooiscant Ibrahim F.1 Hefni Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From North Andover Conservation Commission Issuing Authority To Ibrahim El Hefni Date of Issuance A„wiar 7, 1999 Property lot/parcel number, address 4980 Great Pond Road, North Andover, MA 01845 Extent and type of activity: 1. The clearing of land in the buffer zone to a wetland. 2. The regrading of land in the buffer zone to a wetland. 3. The destruction of vegetation in the buffer zone and within a wetland. 4. The filling of a brook and the creation of a new brook within a wetland. The North Andover Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act. G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: XI Said activity has beeniis 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 142— , Condition number(s) XXU Other(specify) Ttis activity is a violation of local and state wetlands protection laws and the Watershed Protection District of the Zoning Bylaw. 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 prcperty. ❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. W Effective 11/10/89 04 - Issued by m North Andover Conservation Commission � Completed application forms and plans as required h� Ilip A:71 and Regulations shall be filed with In( North Andover Conservation Conunissi0Por before _ (dale) and no further work shall be periormed until a public neannq has been held and an Order o' Condltrons has been issued to regulate said work. Application forms are available at. NACC office_ 120 Rain St., ('Town 11a11) XX$ The property owner shall take every reasonable step to prevent further violations of the act No. Andover,MA Tel. 11682-6483 01845 XX'S Other(specify) The property owner will contract a wetlands scientist whose qualifications are acceptable to the Conservation Commission. This individual will supervise the replanting of all areas within the buffer zone and within the wetland. This person will supervise the restoration of the original stream channel and the filling of the new channel. All work will be approved by the Conservation Commission prior to implementation. Work must commence within 10 days of receipt of this Order. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap t ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of riot more than twenty-five thousand dollars or by imprisonment for nos 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 Andover Conservatign Commissi Signature(s) ( ministrator) (S,onature of dellver� P,'r!;Or or certified mail number) KAREN H.P. NELSON Town Of a Director ' NORTH ANDOVER BUILDING ;•e`' ° "�� CONSERVATION e,CHU DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT A. 120 Main Street, 01845 (508) 682-6483 0 Memorandum To: James P. Gordon, Town Manager �% /�}�% From: Karen H.P. Nelson, Division Dire, r4'/J s' Date: July 30, 1992 Re: Request for Injunction — Watershed District 980 Great Pond Rd. Dr. E1 Hefni continues to work within the buffer zones of tributaries and the Lake itself and has not responded to the two attached notices sent out by the Town Planner and. Conservation Administrator. It appears that he has not attempted to contact our office and continues to alter this property. I am requesting an injunction to order him to cease this activity. Kindly forward this to Town Counsel. If you need any additional information, let me know. c i TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE: July 30, 1992 NAME: Karen H.P. Nelson, TITLE pirector, Planning& Comm.DE COMMITTEE/DEPARTMENT• Planning/Conservation DESCRIPTION OF REQUEST: (Include such information as*"request for legal opinion" or "relates to pending litigation". Is this a request of a committee or an individual member's concern; and is the request high/low priority and explain why. Please attach all relevant documentation.) Two violation notices have been sent to Dr. El Hefni for construction activity within the environmentall sensitive buffer zones within 100' to a tributary to Lake Cochichewick and within the 250' non -disturbance zone to the Lake. No permits were requested for this work. Dr. El Hefni has not responded to either violations and it appears that work continues. Request for an injuction to cease activity. TIME FRAME: (By what date is a response needed; please explain.) Immediately SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative to Forwarded to Town Counsel Date: Returned Date: Reason: Town Manager was: s 310 CMR 10.99 Farm 9 ;pij�`' ' Commonwealth L� of Massachusetts .7 =or l moi:::.• From DEP File No. (io be provided by DEP) City Town aooi1canr North Andover, HA El Hefni Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 AND UNDER THE TOWN OF NORTH At1UOVER BYLAW, CHAPTER 3, SECTION 3.5 North Andover Conservation Com►nission To Ihrdhim ElHefni Date of Issuance July 23, 1992 Property lot/parcel number. address 980 Great Pnnd Rnna Extent and type of activity: Issuing Authority Alteration of land within the buffer zone of a wetland and within the buffer zone of Lake Cochichewick. The North Andover Conservation Conmrission has determined that the activity described above is in violation of the Wetlands Protection Act. G.L. c. 131, §40, arid the Regulations promulgated pur- suant thereto 310 CMR 10.00. because: XXL xSaid activity has beemis being conducted without a valid Order of Conditions. O Said activity has been/is being conducted in violation of an Order of Conditions issued to dated File number 242— , Condition number(s) 0 Other (specify) , The North Andover Conservation Commission hereby orders the following: XY-XY-IXXThe property owner, his agents, aermittees arid all others shall immediately cease arid desist IrOrtt further activity affecting the wetland portion of this prcperty. XXXXZJ,YWettand alterations resulting from said activity shall be corrected and the site returned to its original con- dition. a. Issued by North Andover Conservaticin Q Compieteo application forms and plans as reauired n,, the A::; and Regulations shall be file North Andover Conservation C:onnnissiglfor before and no further work shall be performed until a public nearing rias been held ana an Order o has been issued to regulate said work. Application forms are available at. N6M' Office '120 Mai n St., (Town Hall) %XXW The property owner shall take every reasonable sten to prevent further violations of the act No. Andover,11A X—kDther (specify) Tel. 17082-6483 01845 All work will stop immediately. The property owner will appear before the Conservation Commission at 7:30pm on August 5, 1992. Failure to comply with this Order may constitute grounds for legal action Massachusetts General Laws Chat). ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a hrle of not rTlvic, than twenty-five thousand dollars or by imprisonment for not more than two years or bath Each day or portion thereof of continuing violation shall constitute a separate offense Questions regarding this Enforcement Order should be directed to Richard Doucette, Conservation Admin. Issued by North Andover Conservation Commission Signature(s) = t c1L¢v,-8t -1 . d/ (Administrator) I��rlalUrn ('f (ii•h�•Pr� r•nrr.ru, or certilieC mail numir er i A i KAREN H.P. NELSON Director BUILDING CONSERVATION PLANNING „owry � d. :. Town of W. NORTH ANDOVER •'es;�,;,,e `� DIVISION OF PLANNING & COMMUNITY DEVELOPMENT July 28, 1992 Dr. E1 Hefni 980 Great Pond Road North Andover, MA 01845 712eAd 120 Main Street, 01845 (508) 682-6483 Re: Watershed violations, 980 Great Pond Road Dear Dr. Hefni; e work being performed at the above Please be advised that th referenced address is in direct violationrof 131 tionand 44036 of the North Andover Zoning Bylaw andChapters P Massachusetts General Laws. regrading and cutting of exi.sting More specifically, g to Lake vegetation has occurred her within 250' of the Lake itself. Cochichewick and fu fired to contact my office within seven You are hereby required (7) days of receipt of this letter. Should you fail to respond Ito protect the will be forced to take any legal action necessary interest of the Inhabitants of the Town of North Andover. Your cooperation with regard to this matter is anticipated. Sincerely, G. Christian C. Huntress Town Planner Return/Receipt cc: Karen H.P. Nelson, Director DPCD Richard P. Doucette, Conservation Administrator LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER JOSEPH L. TEHAN. JR. WILLIAM HEWIG III THERESA M. DOWDY PATRICK J. COSTELLO KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON, MASSACHUSETTS 02110-1137 BOSTON OFFICE 18171 951.0007 FAX 18171 851-2735 NORTHAMPTON OFFICE 14131 585-8832 WORCESTER OFFICE 15081 752.0203 September 7, 1993 Via Facsimile # 523-2157 Carl Croce, Esq. Tyler & Reynolds One Boston Place Boston, MA 02108 v KAREN V. KELLY DEBORAH A. ELIASON JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DONESKI BRIAN W. RILEY KIMBERLY A. HOLLIDAY - MARY L. GIORGIO KATHLEEN E.CONNOLLY JOHN G. GANNON Re: North Andover Conservation Commission/Dr. E1 Hefni - Wetlands Violation Dear Mr. Croce: I am writing to confirm that the clerk -magistrate's hearing scheduled on the above -referenced matter has been continued by agreement of the parties to October 13, 1993 at 3:30 P.M. I have confirmed this date and time with the court. Very truly yours, .Deborah A. Eliason DAE/ja cc: Criminal Clerk's Office Board of Selectmen North Andover Conservation Commission PRINTED ON RECYCLED PAPER