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NORTH ANDOVER CONSERVATION COMMISSION
SITE INSPECTION SHEET
DEP File 2-
Does not have permit with the NACC
Site Address:
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PS Form 3800, January 2001 (Reverse) 102595-02-M-0452
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
® ISI
ream
A. Violation Information
This Enforcement Order is issued by:
To:
North Andover Conservation Commission
Conservation Commission (Issuing Authority)
Mr. & Mrs. Nichols Vergado
Name of Violator
99 Pheasant Brook Road, North Andover, MA 01845
Address
1. Location of Violation:
same
Property Owner (if different)
Street Address
City/Town
Man 106B
Assessors Map/Plat Number
DEP File Number:
FILE COPY
April 27, 2006
Date
Zip Code
Lot 228
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
The Enforcement Order was issued for the unauthorized tree clearing within the limits of a
jurisdictional Bordering Vegetated Wetland (BVW) and the entire 25' No Disturbance Zone, as
regulated by the North Andover Conservation Commission (NACC). Additionally, there were tree cut
within the Harold Parker State Forest. The Enforcement Order mandates that these areas be restored
to pre-existing conditions. Please refer to the attached letter prepared by the North Andover
Conservation Department dated April 25, 2006 for additional information and mandated deadline
dates.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
wpaform9a.doc • rev. 7/14/04 Page 1 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
A
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other (specify):
C. 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 any activity affecting the Buffer Zone and/or resource areas.
® Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
® A restoration plan shall be filed with the issuing authority on or before May 26, 2006
Date
for the following:
tree clearing within a jurisdictional Bordering Vegetated Wetland (BVW), the entire 25' No
Disturbance Zone. All restoration activities shall be completed by no later than June 30, 2006.
wpaform9a.doc • rev. 7/14104 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
i; WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
G. Order (cont.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
uate
for the following:
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.
El The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
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._
D. 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:
Pamela Merrill, Conservation Associate or Alison McKay, Conservation Administrator
Name
978.688.9530
rnone Numner
Monday - Friday, 8:30am - 4:30pm
Hours/Days Available
Issued by:
North Andover Conservation Commission
rservauon commission
wpaform9a.doc • rev. 7/14/04
Page 3 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a singlle mber or
agent of the Commission and ratified by majority of the members at the next schedul eg of the
Commission.
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 7/14/04
Page 4 of 4
°f N0R7{{ q Town of North Andover
o? Office of the Conservation Department
y Community Development and Services Division
�9ssgCHU 400 Osgood Street
North Andover, Massachusetts 01845
Pamela A. Merrill Telephone 978.688.9530
Conservation Associate Fax 978.688.9542
April 25, 2006
Mr. & Mrs. Nichols Vergado
99 Pheasant Brook Road
North Andover, MA 01845
VIA CERTIFIED MAIL # - t-'o2_01�>( LQ)00()5C1-3qf 41(P
RE: ENFORCEMENT ORDER- Violations of the Massachusetts Wetlands
Protection Act (M.G.L. c. 131 S. 40) and the North Andover Wetlands Protection
Bylaw, (C.178) at 99 Pheasant Brook Road, North Andover, MA
Dear Mr. & Mrs. Vergado,
This letter and attached Enforcement Order are being issued to you as the property owners, who
are ultimately responsible for the actions and / or work performed at the above referenced
property. As the property owner, you must ensure that all of the requirements outlined in these
documents are adhered to. Failure to comply with the requirements outlined in this letter will
result in further enforcement action. If you have any questions about the contents of this
Enforcement Order, please contact the Conservation Department for further guidance.
LAWS AND FINDINGS
This department received an anonymous complaint regarding the clearing of several trees within
a jurisdictional wetland resource area, the 25' No Cut Zone, within the limits of a drainage
- easements and -potentially within -Harold -Parker State --Forest: On- Thursday;- March -16; 2006 I - - -
inspected the site from the drainage easement (Town -owned property) since your were not
home at the time of my visit. I observed approximately 15 — 20 trees, mainly consisting of
mature red maple trees lying on the ground. It appeared that most of the trees were cut a while
ago; however, I noted that there were some trees, which were recently removed.
On March 21, 2006, I met Connie Vergado at the property, so that I may enter onto 99 Pheasant
Brook Road to conduct a follow up inspection. During that meeting, you stated that all of the
trees that were cut were either dead or dying, and were a threat of falling towards your house. It
is my understanding Nick Vergado cut a group the trees down in the summer 2005 and again
during this past winter. The trees were cut in such a way to leave a minimum of 1 - 2 foot tall
stumps. After comparing the existing conditions with in house plans, it was evident that the
entire 25 -foot No Cut Zone associated with the adjacent wetland resource area had been cleared.
BOARD OF APPEALS 688-9541. BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Upon further in-house research, I conducted a subsequent inspection on April 7, 2006 to do a
more thorough inventory of trees that were cut. I counted approximately 18 tree stumps; 7
stumps were noted along the edge of the wetland boundary; 5 stumps were noted on the Harold
Parker State Forest property; and 2 were cut from the drainage easement held by the Town of
North Andover. All of the trees have been left in place where they fell. I did make note that
several trees were dead or dying, as evidenced by the exposed tree stumps and the adjacent tree
strata. Furthermore, I did observe the under story was not disturbed and is beginning rebound
due to their exposure to sunlight. As previously explained, the unauthorized removal of these
constitutes as violations under the Town of North Andover Wetlands Protection Bylaw (Chapter
178 of the Town General Laws) and its Regulations, as well as the Massachusetts Wetlands
Protection Act and its Regulations.
REQUIRED MITIGATION MEASURES
Consequently, the North Andover Conservation Department is hereby imposing the following
actions, as they are mandatory under the Enforcement Order. These items shall be addressed in
the order listed:
❖ You must immediately CEASE AND DESIST from all activities to prevent further
alteration of the wetland resource area and the 100 -foot Buffer Zone.
❖ You will be allowed to remove the downed trees from this area by means of cutting and
dragging them away with the exception of the trees that have fallen into the adjacent wetland.
These shall be left alone and will provide wildlife habitat.
❖ You shall retain a Professional Wetland Scientist to identify the edge of the
jurisdictional wetland boundary on your property. The Wetland Scientist shall determine
how much of the resource areas were impacted (in square footage).
❖ Upon completion of the wetland delineation, the Wetland Scientist shall prepare a
planting plan in an effort to restore the disturbed wetland resource area and the
entire 25 -foot No Disturbance Zone. This plan shall detail the proposed planting scheme
(including species, height, amount to be planted and location) of the BVW and its associated
25 -foot No -Disturbance Zone._.This plan will be submitted by no later than Friday,
May 26, 2006 to the Conservation Department for review and appioval.
❖ Since the NACC cannot mandate work on another property without the landowners consent,
we highly recommend that you contact the Harold Parker State Forest at the North Andover
Headquarters to ask their permission to remove and / or replant trees on their property.
❖ The restoration activities shall be completed Friday, June 30, 2006. Upon completion,
the wetland scientist shall prepare a written report detailing the tree and / or shrub
species planted as well as the specified amount. This report shall be submitted to this
department.
❖ The wetland scientist shall monitor the wetland and 25 -foot No Disturbance Zone
restoration areas for two (2) consecutive growing seasons. Monitoring reports shall be
submitted to the Conservation Department at the end of each growing season (spring and
fall), and shall document the survivability, health and vigor of the restored areas. If at the end
of the second growing season, or at any time within the 2 -yr growing season period, it has
been determined that a 75% success rate has not been achieved, the NACC shall require
additional mitigation measures, such as additional plantings.
❖ Upon completion of the planting activities, you shall permanently mark the edge of the
25 -foot No Disturbance Zone with the appropriate number of markers, incorporating
the following text: "Protected Wetland Resource Area". These small markers are
available for purchase at the Conservation Department for $2.00 per marker. This will
designate their sensitivity and assure no further inadvertent encroachment into the wetland.
In accordance with the provisions set forth in the Bylaw, at any time, the Commission reserves
the right to modify this letter, which may result in future enforcement action, including a fine.
The violations as documented herein are subject to a $100 per day, per violation' until
such time as the impacted resource areas have been mitigated. At this time this Department
has elected NOT to levy a fine. However, the NACC reserves the right to levy a fine,
retroactive from the date the violations were documented, should this Enforcement Order or the
deadline dates not be adhered to.
I have enclosed a list of wetland consultants who are familiar with our procedures. Should you
have any question or comments regarding the contents of this letter, please do not hesitate to
contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance
for your anticipated cooperation in this matter.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
- Pamela A: Merrill- _
Conservation Associate
Cc: Alison McKay, Conservation Administrator
Curt Bellavance, AICP, Director of Community Development Division
MA Department of Environmental Protection, Wetlands Division, NERO
NACC File
North Andover Wetlands Protection Bylaw, Section 178. 10, Enforcement, Investigations & Violations.
Pamela A. Merrill
Conservation Associate
April 25, 2006
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
Mr. & Mrs. Nichols Vergado
99 Pheasant Brook Road
North Andover; MA 01845
VIA CERTIFIED MAIL # -4X2. 0151 f70DC0081 :':?5 6P4 -1P
Telephone 978.688.9530
Fax 978.688.9542
RE: ENFORCEMENT ORDER- Violations of the Massachusetts Wetlands
Protection Act (M.G.L. c. 131 S. 40) and the North Andover Wetlands Protection
Bylaw, (C.178) at 99 Pheasant Brook Road, North Andover, MA
Dear Mr. & Mrs. Vergado,
This letter and attached Enforcement Order are being issued to you as the property owners, who
are ultimately responsible for the actions and / or work performed at the above referenced
property. As the property owner, you must ensure that all of the requirements outlined in these
documents are adhered to. Failure to comply with the requirements outlined in this letter will
result in further enforcement action. If you have any questions about the contents of this
Enforcement Order, please contact the Conservation Department for further guidance.
LAWS AND FINDINGS
This department received an anonymous complaint regarding the clearing of several trees within
a jurisdictional wetland resource area, the 25' No Cut Zone, within the limits of a drainage
easement, and potentially within Harold Parker State Forest. On Thursday, March 16, 2006 I
inspected the site from the drainage easement (Town -owned property) since your were not
home at the time of my visit. I observed approximately 15 — 20 trees, mainly consisting of
mature red maple trees lying on the ground. It appeared that most of the trees were cut a while
ago; however, I noted that there were some trees, which were recently removed.
On March 21, 2006, I met Connie Vergado at the property, so that I may enter onto 99 Pheasant
Brook Road to conduct a follow up inspection. During that meeting, you stated that all of the
trees that were cut were either dead or dying, and were a threat of falling towards your house. It
is my understanding Nick Vergado cut a group the trees down in the summer 2005 and again
during this past winter. The trees were cut in such a way to leave a minimum of 1 - 2 foot tall
stumps. After comparing the existing conditions with in house plans, it was evident that the
entire 25 -foot No Cut Zone associated with the adjacent wetland resource area had been cleared.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Upon further in-house research, I conducted a subsequent inspection on April 7, 2006 to do a
more thorough inventory of trees that were cut. I counted approximately 18 tree stumps; 7
stumps were noted along the edge of the wetland boundary; 5 stumps were noted on the Harold
Parker State Forest property; and 2 were cut from the drainage easement held by the Town of
North Andover. All of the trees have been left in place where they fell. I did make note that
several trees were dead or dying, as evidenced by the exposed tree stumps and the adjacent tree
strata. Furthermore, I did observe the under story was not disturbed and is beginning rebound
due to their exposure to sunlight. As previously explained, the unauthorized removal of these
constitutes as violations under the Town of North Andover Wetlands Protection Bylaw (Chapter
178 of the Town General Laws) and its Regulations, as well as the Massachusetts Wetlands
Protection Act and its Regulations.
REQUIRED MITIGATION MEASURES
Consequently, the North Andover Conservation Department is hereby imposing the following
actions, as they are mandatory under the Enforcement Order. These items shall be addressed in
the order listed:
❖ You must immediately CEASE AND DESIST from all activities to prevent further
alteration of the wetland resource area and the 100 -foot Buffer Zone.
❖ You will be allowed to remove the downed trees from this area by means of cutting and
dragging them away with the exception of the trees that have fallen into the adjacent wetland.
These shall be left alone and will provide wildlife habitat.
❖ You shall retain a Professional Wetland Scientist to identify the edge of the
jurisdictional wetland boundary on your property. The Wetland Scientist shall determine
how much of the resource areas were impacted (in square footage).
❖ Upon completion of the wetland delineation, the Wetland Scientist shall prepare a
planting plan in an effort to restore the disturbed wetland resource area and the
entire 25 -foot No Disturbance Zone. This plan shall detail the proposed planting scheme
(including species, height, amount to be planted and location) of the BVW and its associated
25 -foot No -Disturbance Zone. This plan will be submitted by no later than Friday,
May 26, 2006 to the Conservation Department for review and approval.
❖ Since the NACC cannot mandate work on another property without the landowners consent,
we highly recommend that you contact the Harold Parker State Forest at the North Andover
Headquarters to ask their permission to remove and / or replant trees on their property.
❖ The restoration activities shall be completed Friday,Tune 30, 2006. Upon completion,
the wetland scientist shall prepare a written report detailing the tree and / or shrub
species planted as well as the specified amount. This report shall be submitted to this
department.
❖ The wetland scientist shall monitor the wetland and 25 -foot No Disturbance Zone
restoration areas for two (2) consecutive growing seasons. Monitoring reports shall be
submitted to the Conservation Department at the end of each growing season (spring and
fall), and shall document the survivability, health and vigor of the restored areas. If at the end
of the second growing season, or at any time within the 2 -yr growing season period, it has
been determined that a 75% success rate has not been achieved, the NACC shall require
additional mitigation measures, such as additional plantings.
❖ Upon completion of the planting activities, you shall permanently mark the edge of the
25 -foot No Disturbance Zone with the appropriate number of markers, incorporating
the following text: "Protected Wetland Resource Area". These small markers are
available for purchase at the Conservation Department for $2.00 per marker. This will
designate their sensitivity and assure no further inadvertent encroachment into the wetland.
In accordance with the provisions set forth in the Bylaw, at any time, the Commission reserves
the right to modify this letter, which may result in future enforcement action, including a fine.
The violations as documented herein are subject to a $100 per day, per violation until
such time as the impacted resource areas have been mitigated. At this time this Department
has elected NOT to levy a fine. However, the NACC reserves the right to levy a fine,
retroactive from the date the violations were documented, should this Enforcement Order or the
deadline dates not be adhered to.
I have enclosed a list of wetland consultants who are familiar with our procedures. Should you
have any question or comments regarding the contents of this letter, please do not hesitate to
contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance
for your anticipated cooperation in this matter.
Respectfully,
NORTH ANDOVER CONS VATION DEPARTMENT
Pamela A. Merrill
Conservation Associate
Cc: Alison McKay, Conservation Administrator
Curt Bellavance, AICP, Director of Community Development Division
MA Department of Environmental Protection, Wetlands Division, NERO
NACC File
North Andover Wetlands Protection Bylaw, Section 178. 10, Enforcement, Investigations & Violations.
4-sg
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BK 4602 PG 67
D.E.C.M. Essex, Inc.,
/ a corporation duly established under the laws of the Commonwealth
of Massachusetts, and having its usual place of business at 660
Rogers Street, Lowell, Middlesex County, Massachusetts
for consideration paid, and in full consideration of $140,000.00
grants to: Nicholas Vergados and Connie Vergados, husband and wife,
as tenants by the entirety,
Of 8 Douglas Road, Chelmsford, MA 01824
WITH QUZTCLAIX COVMUJITS
A certain parcel of land in North Andover, Essex County,
Massachusetts, with any buildings thereon, shown as Lot 10 on a
plan of land entitled, "Definitive Subdivision Plan 'Evergreen
Estates' located in North Andover, MA.; Record Owners: Jean F.
Smith & Helen Gorman, 270 Marbleridge Rd., George & Wanda Farr, 216
Raleigh Tavern Lane; Applicant: Messina Development Corporation,
80.5 Winter St., North Andover, MA.; Christiansen & Sergi,
Professional Engineers Land Surveyors, 160 Summer St., Haverhill,
MA. 01830, Tel. 508-373-0310" which plan is recorded with Essex
North District Registry of Deeds as CP3 N 1'M5.
N
.p
Said Lot 10 is bounded and described as.follows: SEP 301% Am11:28
Southerly and Southeasterly by Pheasant Brook Road,
150.00 feet;
Southwesterly by Lot 9 as shown on said plan 259.97
feet;
Westerly by land now or formerly of Commonwealth'of
Massachusetts 41.02 feet;
-Northwesterly by said land now or formerly of Com-
monwealth of Massachusetts 315.12 feet;
Northeasterly by Lot 11 as shown on said plan 144.31
feet.
Containing 1.00 acre, according to said plan.
Said premises are conveyed s&ubj a =t ""-25` NO=CUT=ZONE as shown
on said plan. Subject to Drainage Easement as shown on said plan.
Together with the right to pass and re -pass over any of the roads,
as shown on said plan, for all purposes for which roadways are used
in the Town of North Andover; however, reserving unto the Grantor,
its successors and assigns, the fee in Beaver Brook Road and
Pheasant Brook Road.
Grantor reserves unto itself, and its successors and assigns, a
grading easement over that portion of Lot 10 entitled "Grading
Easement", shown on plan to be recorded herewith, and is more
particularly described in an Easement Agreement to be recorded
herewith.
Said premises are conveyed subject to all easements, covenants and
restrictions of record so long as the same are in force and
applicable.
Being a portion of the premises conveyed to the Grantor herein by
deed of Messina Development Company, Inc., by deed dated October
31, 1995 and recorded in said Essex North District Registry of
Deeds, Book 4372 Page 337
This conveyance does not constitute a sale of all or substantially
all of the assets of the Grantor corporation.
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IN WITNESS WHEREOF, the said D.E.C.M. Essex, Inc. has caused its
corporate seal to be hereto affixed and these presents to be
signed, acknowledged and delivered in its name and behalf b� Mary
C. Couillard its President, hereto duly authorized, this 2 h
day of September 1996.
aa. D.E.C.M. Essex, Inc.
s .J By
6 ��J
Mary C. Card, President
d Treasurer
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. September 26 1996
Then personally appeared the above-named Mary C. Couillard,
President, and acknowledged the foregoing instrument to be the free
act and deed of D.E.C.M. Essex, Inc., before me,
AAQ e4 lka
Mary (l McInnis
Notary Pn lic
My Commission Expires: 01/19/-01
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■ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑ Agent
■ Print your name and address on the reverse X ❑ Addressee '
so that we can return the card to you. B. Received by (Printed Name) C.I. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES, enter delivery address below: ❑ No
rx�'
3. Se ice Type
n �/Certified Mail 13 Express Mail
(
❑ Registered O Return Receipt for Merchandise
O Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(transfer from service labeq 7002 0 510 0000 0893 9646
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540,
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Important:
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forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
This Enforcement Order is issued by:
To:
North Andover Conservation Commission
Conservation Commission (Issuing Authority)
Mr. & Mrs. Nichols
Name of Violator
99 Pheasant Brook Road, North Andover, MA 01845
Address
1. Location of Violation:
same
Property Owner (if different)
Street Address
City/Town
Map 106B
Assessors Map/Plat Number
April 27, 2006
Date
Zip Code
Lot 228
ParceULot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
DEP File Number:
The Enforcement Order was issued for the unauthorized tree clearing within the limits of a
jurisdictional Bordering Vegetated Wetland (BVW) and the entire 25' No Disturbance Zone, as
regulated by the North Andover Conservation Commission (NACC). Additionally, there were tree cut
within the Harold Parker State Forest. The Enforcement Order mandates that these areas be restored
to pre-existing conditions. Please refer to the attached letter prepared by the North Andover
Conservation Department dated April 25, 2006 for additional information and mandated deadline
dates.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
wpaform9a.doc • rev. 7/14/04 Page 1 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
ILI Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
B. Findings (cont.)
❑ the activity hes been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
File Number
❑ The Order of Conditions expired on (date): Date
Dated
Condition number(s)
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other (specify):
C. 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 any activity affecting the Buffer Zone and/or resource areas.
® Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
® A restoration plan shall be filed with the issuing authority on or before May 26, 2006
Date
for the following:
tree clearing within a jurisdictional Bordering Vegetated Wetland (BVW), the entire 25' No
Disturbance Zone. All restoration activities shall be completed by no later than June 30, 2006.
wpaform9a.doc • rev. 7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
C. Order (cont.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
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 (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
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.
D. 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:
Pamela Merrill, Conservation Associate or Alison McKay,Conservation Administrator
Name
978.688.9530
Nhone Number
Monday - Friday, 8:30am - 4:30pm
Hours/Days Available
Issued by:
North Andover Conservation Commission
Conservation Commission
wpaform9a.doc • rev. 7/14/04 Page 3 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single mber or
agent of the Commission and ratified by majority of the members at the next schedul a ing of the
Commission.
�,2-045I D 0000 9MM0 -Ue
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 7/14/04
Page 4 of 4
NORTH Town of North Andover
Ofz«aO °'9•�0
Office of the Conservation Department
Community Development and Services Division
3�SSACHUS t 400 Osgood Street
North Andover, Massachusetts 01845
Pamela A. Merrill Telephone 978.688.9530
Conservation Associate Fax 978.688.9542
April 25, 2006
Mr. & Mrs. Nichols Vergado
99 Pheasant Brook Road
North Andover, MA 01845
VIA CERTIFIED MAIL # -; ZCQ; Cr�?I UC00005q-3� +' P
RE: ENFORCEMENT ORDER- Violations of the Massachusetts Wetlands
Protection Act (M.G.L. c. 131 S. 40) and the North Andover Wetlands Protection
Bylaw, (C.178) at 99 Pheasant Brook Road, North Andover, MA
Dear Mr. & Mrs. Vergado,
This letter and attached Enforcement Order are being issued to you as the property owners, who
are ultimately responsible for the actions and / or work performed at the above referenced
property. As the property owner, you must ensure that all of the requirements outlined in these
documents are adhered to. Failure to comply with the requirements outlined in this letter will
result in further enforcement action. If you have any questions about the contents of this
Enforcement Order, please contact the Conservation Department for further guidance.
LAWS AND FINDINGS
This department received an anonymous complaint regarding the clearing of several trees within
a jurisdictional wetland resource area, the 25' No Cut Zone, within the limits of a drainage
easement, and potentially within Harold Parker State Forest. On Thursday, March 16, 2006 I
inspected the site from the drainage easement (Town -owned property) since your were not
home at the time of my visit. I observed approximately 15 — 20 trees, mainly consisting of
mature red maple trees lying on the ground. It appeared that most of the trees were cut a while
ago; however, I noted that there were some trees, which were recently removed.
On March 21, 2006, I met Connie Vergado at the property, so that I may enter onto 99 Pheasant
Brook Road to conduct a follow up inspection. During that meeting, you stated that all of the
trees that were cut were either dead or dying, and were a threat of falling towards your house. It
is my understanding Nick Vergado cut a group the trees down in the summer 2005 and again
during this past winter. The trees were cut in such a way to leave a minimum of 1 - 2 foot tall
stumps. After comparing the existing conditions with in house plans, it was evident that the
entire 25 -foot No Cut Zone associated with the adjacent wetland resource area had been cleared.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Upon further in-house research, I conducted a subsequent inspection on April 7, 2006 to do a
more thorough inventory of trees that were cut. I counted approximately 18 tree stumps; 7
stumps were noted along the edge of the wetland boundary; 5 stumps were noted on the Harold
Parker State Forest property; and 2 were cut from the drainage easement held by the Town of
North Andover. All of the trees have been left in place where they fell. I did make note that
several trees were dead or dying, as evidenced by the exposed tree stumps and the adjacent tree
strata. Furthermore, I did observe the under story was not disturbed and is beginning rebound
due to their exposure to sunlight. As previously explained, the unauthorized removal of these
constitutes as violations under the Town of North Andover Wetlands Protection Bylaw (Chapter
178 of the Town General Laws) and its Regulations, as well as the Massachusetts Wetlands
Protection Act and its Regulations.
REQUIRED MITIGATION MEASURES
Consequently, the North Andover Conservation Department is hereby imposing the following
actions, as they are mandatory under the Enforcement Order. These items shall be addressed in
the order listed:
❖ You must immediately CEASE AND DESIST from all activities to prevent further
alteration of the wetland resource area and the 100 -foot Buffer Zone.
❖ You will be allowed to remove the downed trees from this area by means of cutting and
dragging them away with the exception of the trees that have fallen into the adjacent wetland.
These shall be left alone and will provide wildlife habitat.
❖ You shall retain a Professional Wetland Scientist to identify the edge of the
jurisdictional wetland boundary on your property. The Wetland Scientist shall determine
how much of the resource areas were impacted (in square footage).
❖ Upon completion of the wetland delineation, the Wetland Scientist shall prepare a
planting plan in an effort to restore the disturbed wetland resource area and the
entire 25 -foot No Disturbance Zone. This plan shall detail the proposed planting scheme
(including species, height, amount to be planted and location) of the BVW and its associated
25 -foot No -Disturbance Zone. This plan will be submitted by no later than Friday,
May 26, 2006 to the Conservation Department for review and approval.
❖ Since the NACC cannot mandate work on another property without the landowners consent,
we highly recommend that you contact the Harold Parker State Forest at the North Andover
Headquarters to ask their permission to remove and / or replant trees on their property.
❖ The restoration activities shall be completed Friday, June 30, 2006. Upon completion,
the wetland scientist shall prepare a written report detailing the tree and / or shrub
species planted as well as the specified amount. This report shall be submitted to this
department.
r:• The wetland scientist shall monitor the wetland and 25 -foot No Disturbance Zone
restoration areas for two (2) consecutive growing seasons. Monitoring reports shall be
submitted to the Conservation Department at the end of each growing season (spring and
fall), and shall document the survivability, health and vigor of the restored areas. If at the end
of the second growing season, or at any time within the 2 -yr growing season period, it has
been determined that a 75% success rate has not been achieved, the NACC shall require
additional mitigation measures, such as additional plantings.
❖ Upon completion of the planting activities, you shall permanently mark the edge of the
25 -foot No Disturbance Zone with the appropriate number of markers, incorporating
the following text: "Protected Wetland Resource Area". These small markers are
available for purchase at the Conservation Department for $2.00 per marker. This will
designate their sensitivity and assure no further inadvertent encroachment into the wetland.
In accordance with the provisions set forth in the Bylaw, at any time, the Commission reserves
the right to modify this letter, which may result in future enforcement action, including a fine.
The violations as documented herein are subject to a $100 per day, per violation' until
such time as the impacted resource areas have been mitigated. At this time this Department
has elected NOT to levy a fine. However, the NACC reserves the right to levy a fine,
retroactive from the date the violations were documented, should this Enforcement Order or the
deadline dates not be adhered to.
I have enclosed a list of wetland consultants who are familiar with our procedures. Should you
have any question or comments regarding the contents of this letter, please do not hesitate to
contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you in advance
for your anticipated cooperation in this matter.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
Pamela A. Merrill
Conservation Associate
Cc: Alison McKay, Conservation Administrator
Curt Bellavance, AICP, Director of Community Development Division
MA Department of Environmental Protection, Wetlands Division, NERO
NACC File
North Andover Wetlands Protection Bylaw, Section 178. 10, Enforcement, Investigations & Violations.
WETLAND CONSULTANTS / ENGINEERS / SURVEYORS
+
grow Environmental, LLC
Arrow
(Environmental Permitting)
PO Boy 2-2
Hudson, NH 03051
603.759.5343
Contact: Richelle Denney
wet.landcosultin A�ahoo.com
Mvw. arrow_ nv. n e t
Epsilon Associates, Inc.
(Environmental Permitting, Engineering / Surveying)
150 Main Street
Maynard, TMA 01754
978.897.7100
Contact: Michael D. Howard
The Neve -Morin Group, Inc.
(Environmental Permitting, Surveying / Engineering)
447 Boston Road
Topstleld, UA, 01983
978.887.8586
www.nevemorin.com
Contacts: Greg Hochmuth, PWS
John Morin, P.E.
West Environmentala Inc.
(Environmental Permitting)
122 Mast Road, Suite 6
Lee, NH 03864
603.659.0416
Contact: Mark West
Wetlands & Land Management, Inc
(Environmental Permitting)
500 Maple Street
Danvers, MA 01923
978. 777.0004
Contact: Bill Manuel
Giles Surveying
(Engineering & Surveying)
50 Deermeadow Road
North .Andover,l/rA 01845
978.683.2645
Contact: Frank Giles, P.E.
Sullivan Engineering Grout
(Engineering & Surveying)
22 Mt. Vernon Rd.
Boxford, MA 01921
978. 352.7871 (phone & fax)
Contact: Jack Sullivan, P.E.
Hancock Surrey Associates
(Environmental Permitting, Engineering / Surveying)
185 Centre Street
Danvers, 2LA, 01923
97 8.7 77.3050
Contacts: Stacy Carpenter
Richard Doherty
Wayne Jalbert
wwwhancockassociates_com
Amy Green Environmneral Consulting. LLC
(Environmental Permitting)
26 Captain Brown's Lane
Acton, MA 01720
978.266.0217
Contact: Amy Green
Seekamg Environmental Consulting, Inc
(Environmental Permitting)
129 Route 125
Kingston, NH 03858
603.642.8300
Contacts: Michael or Patrick Seekamp
Laurie Powers
Wetlands Preservation, Inc
(Environmental Permitting)
47 Newton Road
Plaistow, NH 03865
603.382.3435
Contact: Curt Young
Christiansen & Sergi. Inc.
(Engineering & Surveying)
160 Summer Street
Haverhill, MA 01830
978.373.0310
Contact: Phil Christiansen, P.E
New England En ineering, Inc
(Engineering & Surveying)
60 Beechwood Drive
North Andover, MA 01845
978.686.1768
Contact: Ben Osgood, Jr., P.E.
.� A.ndover Consultants, Inc
(Environmental Permitting, Engineering, Surveying)
1 East River Place
Xlethuen, MA 01844
978.687.3828
Contact: William S. MacLeod, P.E., P.L.S.
CoM� cn t�S ` G(t kmr ln �G lc �1C�irt Last Revised .3/21 /06