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Home My WebLink AboutMiscellaneous - CHARLES STREET 4/30/2018� N.. .. . ...... 0 M (O N N o0 co rn v 00 0 F - w r U o: w 0 z O z LU LU z O r D U) 0 0 N CHARLES T. MAYBES REALTY REAL ESTATE OWNER AND DEVELOPER RECEIVED MAY 2 7 2005 NORTH ANDOVER May 23, 2005 CONSERVATION COMMISSION Pamela Merrill Conservation Associate North Andover Conservation Committee 400 Osgood Street North Andover, MA 01845 RE: Underdeveloped Land - Enforcement Order Charles Street Dear Ms. Merrill: Thank you for your time and assistance extended to me during our on-site meeting, relative to the above-mentioned site. As instructed, the following has been completed. 1. New England Wetmix has been applied to the affected areas. 2. Signage and markers have been installed. If you should have any questions, please do not hesitate to cal me. DLM/psf Very truly yours, ebra L. Mathias CHARLES STREET ENFORCEMENT COMPLIANCE Photographs taken May 20, 2005 w w o: z 0 co 0 0 N CHARLES T. MAYBES REALTY REAL ESTATE OWNER AND DEVELOPER March 2, 2005 Pamela A. Merrill Conservation Associate Town of North Andover Office of the Conservation Department Community Development & Services 400 Osgood Street North Andover, MA 01845 RE: Enforcement Order - Chanes Street Dear Ms. Merrill: RECEIVE® LJ MAR 0 3 2005 9 NORTHANDOVER CONSERVATION COMMISSION I am in receipt of your letter, dated February 25th, 2005, relative to the above. The two areas shall be hand -raked, prior to applying the New England Wet -mix. As requested, work shall be completed by May 16th, 2005. If you should have any questions, please do not hesitate to all me. Thank you for your assistance with this matter. DLM/psf Very t ly ours, Debra L. Mathias Town of North Andover NORTH ST4tD °t ti� Office of the Conservation Department o .= Community Development and Services Division gO'pM1TtO tfP`y �i 400 Osgood Street 'sSACHUSE� North Andover, Massachusetts 01845 Pamela A. Merrill Conservation Associate February 25, 2005 Deborah Mathias LMB Realty Trust 200 Sutton Street North Andover, MA 01845 Via Certified Mail # 70031010000107817723 Telephone (978) 688-9530 Fax(978)688-9542 RE: ENFORCEMENT ORDER - Undeveloped Field, Charles Street, North Andover (Associated to Map 28, Lot 1) Dear Ms. Mathias: At the February 23, 2005 public meeting, the North Andover Conservation Commission voted to ratify the Enforcement Order (issued February 3, 2005) for stockpiling snow at the above -referenced site. As a means of mitigating this situation, you were mandated to remove all snow piles, relocate them to an area away from any wetland resource, and restore the impacted wet meadow. This Department conducted a compliance inspection on February 24, 2005, which revealed that the snow piles were removed in accordance with the aforementioned Order. However, due to recent snowmelt and warmer temperatures, the wet meadow had exhibited some initial thawing where the topsoil became "soft". As a result, tire ruts from the dump trucks had developed. (Please see attached photographs for additional information.) In addition to all the required mitigation measures outlined in the Enforcement Order, dated February 3, 2005, the following action item is mandated: ➢ In an effort to permanently stabilize / restore the resource area, the two temporary entry ways shall be raked smooth, by hand prior to dispersing the New England Wetmix. (Use of machinery and / or construction equipment is strictly prohibited.) In this way, the area will be graded to its original condition, thus promoting better soil / seed contact. The area shall be subsequently mulched with a thick layer of hay as a temporary means of stabilization during germination. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 As previously stated in the Enforcement Order, all action items must be completed by no later than Monday, May 16, 2005. Please contact the undersigned at least 48 PRIOR to the commencement of the above-mentioned activities, so I may inspect the restoration process. This Department recognizes your efforts taken to clean up the wetland resource area in a timely manner. Should you have any questions / comments regarding the contents of this letter, please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION COMMISSION P mela A. Merrill Conservation Associate Attachment: Photographs taken February 24, 2005 Cc: Alison McKay, Conservation Administrator Ms. Heidi Griffin, Community Development Director MA Department of Environmental Protection, Wetlands Division, NERO, Enforcement NACC 4 4k tow map �54- � 11�ww-e- b(w-1 lk qtq A- t 4*At- �,.� .. _ .µkg -�'�'' � �`"`. hf� _��Ji-� -�� z� <?CYf;� Com. «t�� t`�fi t4� I l`l`YY V +.. \� A ` § 4 / ■, � ^� \� \ \.�.. r � , It�� .� ` .�: ---�� . �, \ 6Iea� up z Z 5 r y N � i 4r �..�os. .... Irl �y' i ' ♦ q ... ham. �• .1� � �°" �"• ,. r°"' r.. '� �.� � � se r A - ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: U�V��Ak IA5 Loa no Sd°"P4 KAlv / ❑ Agent lu-❑ Addressee B. Received by (Printed Name) I C. Date of Delivery D. 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For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. v Ll'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 DEP File Number: Provided Dy utr A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover Conservation Commission 02-03-200 )U. ON computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Deborah Mathias, LMB Realty Trust return key. Name of Violator 411� 200 Sutton Street Add Address 1. Location of Violation: Same Property Owner (if different) Undeveloped lot, Charles Street Street Address North Andover 01845 Cityfrown Zip Code Map 72 (Link with Map 28, Lot 1) Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Snow stockpiling on a jurisdictional wet meadow, resulting in negative impacts of the resource area. Please refer to the attached letter, dated February 3, 2005, repared by the North Andover Conservation Commission for additional information. 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 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP File Number Condition number(s) B. Findings (cont.) ® Other (specify): Please refer to the attached letter, dated February 3, 2005, prepared by the North Andover Conservation Commission for additional information. 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 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: 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. 12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: Alison McKay, Conservation Administrator, or Pamela Merrill, Conservation Associate Name 978.688.9530 Phone Number 8:30 am - 4:30 pm, Monday through Friday Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single.member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: wpaform9a.doc - rev. 12/15/00 Page 3 of 3 Town of North Andover Office of the Conservation Department 00 p Community Development and Services Division ' 400 Osgood Street SSUSEt�y North Andover, Massachusetts 01845 Pamela A. Merrill Telephone (978) 688-9530 Conservation Associate Fax (978) 688-9542 February 3, 2005 Deborah Mathias LMB Realty Trust 200 Sutton Street North Andover, MA 01845 Via Certified Mail # 70031010 000107817709 RE: ENFORCEMENT ORDER - Undeveloped Field, Charles Street, North Andover (Associated to Map 28, Lot 1) Dear Ms. Mathias: This Enforcement Order is being issued to you as the property owners, whom are ultimately responsible for the actions and / or work performed at the above -referenced property. As the property owners, 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 North Andover Conservation Department for further guidance. As you are aware, on Tuesday, February 1, 2005, the North Andover Conservation Department received an anonymous complaint regarding potential snow stockpiling within an area subject to protection under the MA Wetlands Protection Act (MA WPA) (M.G.L c.1)1 §. 40) and the North Andover Wetlands Protection Bylaw (c.178 of the Code of North Andover) at the above -referenced property. This undeveloped lot is located between the Mass Electric sub -station and property owned by the Greater Lawrence Sanitary District (GLSD) on Charles Street. This department conducted an inspection at the above -referenced field the same day to investigate the complaint. Upon arrival, I witnessed two (2) dump trucks unloading snow onto the subject property. My investigation also revealed violations of the MA WPA Regulations (310 CMR 10.55) and the North Andover Wetlands Protection Bylaw, 130ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAL,TF1 688-9540 PLANNING 688-9535 specifically stockpiling snow within a jurisdictional wet meadow. The excess snow (approximately 35 truck loads) was originally located at 200 Sutton Street, North Andover. This violation has resulted in negatively impacting / altering the resource area. Furthermore, the aforementioned activities were conducted without a necessary permit from the North Andover Conservation Commission (NACC), or the Department of Environmental Protection (DEP). As previously mentioned, this field is classified as a wet meadow, and is protected under the MA WPA and the North Andover Wetlands Protection Bylaw; therefore any alteration to this meadow is strictly prohibited. In addition, the North Andover Wetlands Protection Regulations (§. 2(4)) strictly enforces a 25 -foot No Disturbance Zone from the edge of any resource area. It has been brought to my attention after reviewing in-house files, violations on this have occurred on more than one occasion. Consequently, the NACC is hereby imposing the following mitigation measures under this Enforcement Order: ➢ From this day forward, stockpiling of any kind, including, but not limited to, snow, on this meadow is strictly prohibited. ➢ All snow piles at the site must be removed, and disposed of properly to a location that is situated away from any wetland resource area, and in accordance with the Bureau of Resource Protection: Snow Removal Guidelines. This action item must be completed by no later than Tuesday, February 22, 2005. A written statement must be submitted to this department indicating where the snow will be relocated. ➢ The impacted meadow must be restored using a New England Wetmix ® that shall be broadcasted over the exposed areas to allow for permanent stabilization. Once this is complete, the area shall be mulched with a thick layer of hay for temporary stabilization. This shall be completed by no later than Monday, May 16, 2005. Please contact the undersigned, so I may schedule a compliance inspection. To better assist you, enclosed please find information relative to specific seed mix and a MA distributor. You may choose to contract with the company provided, or you may choose any other nursery that specializes in wetland plants. Please also submit a copy of the receipt of the purchased seed mix to this office. ➢ In an effort to protect the wet meadow from future dumping, the resource area shall be permanently marked with signs incorporating the following text "Protected Wetland Resource Area" and "No Dumping" signs. This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These markers are sold at the North Andover Conservation Department for $2.00 per marker. This shall be completed by no later than Monday, May 16, 2005. Prior to the installation of these signs, please contact the Conservation Administrator to schedule an on-site meeting, in order to field - determine the quantity and placement of the markers. Once these signs are posted, please contact the Conservation Department to schedule a compliance inspection. In accordance with the provisions set forth in the Bylaw, if the activities are not met by the imposed deadline, or if the Commission is not satisfied with any portion of the work that has been done, the NACC reserves the right to modify the Enforcement Order, which may result in future enforcement action, including a fine of not more than $300.00. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations, permits, or administrative orders violated shall constitute a separate offense'. However, a fine will not be levied at this time. Lastly, I have attached a copy of the Bureau of Resource Protection: Snow Disposal Guidelines for further information. Should you have any questions / comments regarding the contents of this letter, please do not hesitate to contact the undersigned at your earliest convenience. Thanking you in advance for your anticipated cooperation with this matter. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Pamela A. Merrill Conservation Associate Encl. Bureau of Resource Protection: Snow Disposal Guidelines Information about New England Wetmix (New England Wetlands Plants, Inc.) Cc: Alison McKay, Conservation Administrator Ms. Heidi Griffin, Community Development Director MA Department of Environmental Protection, Wetlands Division, NERO, Enforcement NACC North Andover Wetlands Protection Bylaw, Section 178. 10, Enforcement, Investigations & Violations. New England Wetland Plants, Inc. - geed mixes New England Wetmix rage 1 ui The 2003 wetland seed mix contains a wide variety of native seeds which are suitable for most wetland mitigation and restoration sites which are not permanently inundated. All species are best suited to moist disturbed ground as found in most wet meadow, scrub shrub, or forested wetland mitigation and restoration areas. This mix is well suited for detention basin borders, and the bottom of detention basins not generally under standing water. The seeds will not germinate under inundated conditions. If planted during the fall months, the seed mix will germinate the following spring. During the first season of growth, several species will produce seeds, while other species will produce seeds after the second growing season. Not all species will grow in all wetland situations. This mix is composed of the wetland species most likely to grow in created/restored wetlands, and should produce more than 75% ground cover in two full growing seasons. The wetland seeds in this mix can be hand sown, used with a hand-held spreader, or hydro -seeded on large or hard to reach sites, as long as there is no permanent snow cover. Lightly rake to ensure proper soil -seed contact. Seeding can take place on frozen soil, as the freezing and thawing weather of late fall and early winter will work the seed into the soil. If spring conditions are drier than usual, watering may be required. If planting during the summer months, watering may be required for at least 2-3 weeks after planting to ensure germination. A non-invasive annual such as winter rye may be added to the mix to obtain soil stabilization cover in the fall. Do not add annual ryegrass, Kentucky Bluegrass or perennial ryegrass as these species are very aggressive and they will inhibit the growth of the wetland seeds. A light mulch of clean, weed -free straw is recommended. APPLICATION RATE: 1 LB/5000 SQ. FEET AS AN UNDERSTORY SEEDING 1 LB/2500 SQ. FEET AS A WET MEADOW COST: $125.00/1-6 SPECIES Fox Sedge (Carex vulpinoidea), Hop Sedge (Carex lupulina), Water Plantain (Alisma plantago-aquatica), Bearded Sedge (Carex comosa), Nodding Bur -marigold (Bidens cernua), Lurid Sedge (Carex lurida), Grass -leaved Goldenrod (Solidago graminifolia), Soft Rush (Juncus effusus), Blue Vervain (Verbana hastata), Hard -stem Bulrush (Scirpus acutus),Boneset (Eupatorium perfoliatum), Green Bulrush (Scirpus atrovirens), Flat -top Aster (Aster umbellatus), Woolgrass (Scirpus cyperinus), Sensitive Fern (Onoclea sensibilis), Spotted Joe-Pye Weed (Eupatorium maculatum), Soft Stem Bulrush (Scirpus validus), Ditch Stonecrop (Penthorum sedoides). . Vtw �glav� �Je1�G�11 �A�tTs, �� c 82a 61 I1�T51�cfi Aw�u�fi M CUZ- �,u�. �1e�p, caws ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION. ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 BUREAU OF RESOURCE PROTECTION SNOW DISPOSAL GUIDELINES Effective Date: March 8, 2001 BOB DURAND . Secretary LAUREN A. LISS Commissioner Guideline No. BRPGOI-01 Applicability: Applies to all federal, state, regional and local agencies, as well as to private businesses. Supersedes: BRP Snow Disposal Guideline BRPG97-1 issued 12/19/97, and all previous snow disposal guidance Approved bv: Glenn Haas, Assistant Commissioner for Resource Protection PURPOSE: To provide guidelines to all government agencies and private businesses regarding snow disposal site selection, site preparation and maintenance, and emergency snow disposal options that are acceptable to the Department of Environmental Protection, Bureau of Resource Protection. APPLICABILITY: These Guidelines are issued by the Bureau of Resource Protection on behalf of all Bureau Programs (including Drinking Water Supply, Wetlands and Waterways, Wastewater Management, and Watershed Planning and Permitting). They apply to public agencies and private businesses disposing of snow in the Commonwealth of Massachusetts. INTRODUCTION Finding a place to dispose of collected snow poses a challenge to municipalities and businesses as they clear roads, parking lots, bridges, and sidewalks. While we are all aware of the threats to This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the World Wide Web: http:/twww.state.ma.us/dep 0 Printed on Recycled Paper Guideline No. BRPGOI-01 Page 2 public safety caused .by snow, collected snow that is contaminated with road salt, sand, litter, and automotive pollutants such as oil also threatens public health and the environment. As snow melts, road salt, sand, litter, and other pollutants are transported into surface water or through the soil where they may eventually reach the groundwater. Road salt and other pollutants can contaminate water supplies and are toxic to aquatic life at certain levels. Sand washed into waterbodies can create sand bars or fill in wetlands and ponds, impacting aquatic life, causing flooding, and affecting our use of these resources. There are several steps that communities can take to minimize the impacts of snow disposal on public health and the environment. These steps will help communities avoid the costs of a contaminated water supply, degraded waterbodies, and flooding. Everything we do on the land has the potential to impact our water resources. Given the authority of local government over the use of the land, municipal officials and staff have a critically important role to play in protecting our water resources. The purpose of these guidelines is to help municipalities and businesses select, prepare, and maintain appropriate snow disposal sites before the snow begins to accumulate through the winter. RECOMMENDED GUIDELINES These snow disposal guidelines address: (1) site selection; (2) site preparation and maintenance; and (3) emergency snow disposal. 1. SITE SELECTION The key to selecting effective snow disposal sites is to locate them adjacent to or on pervious surfaces in upland areas away from water resources and wells. At these locations, the snow meltwater can filter in to the soil, leaving behind sand and debris which can be removed in the springtime. The following areas should be avoided: A 'Avoid dumping of snow into any waterbody, including rivers, the ocean, reservoirs, ponds, or wetlands. In addition to water quality impacts and flooding, snow disposed of in open water can cause navigational hazards when it freezes into ice blocks. A Do not dump snow within a Zone II or Interim Wellhead Protection Area (IWPA) of a public water supply well or within 75 feet of a private well, where road salt may contaminate water supplies. n Avoid dumping snow on DEP-designated high*and medium -yield aquifers where it may contaminate groundwater (see the next page for information on ordering maps from MassGIS showing the locations of aquifers, Zone IIs, and IWPAs. in your community). Guideline No. BRPG01-01 Page 3 A Avoid dumping snow in sanitary landfills and gravel pits. Snow meltwater will create more contaminated leachate in landfills posing a greater risk. to groundwater, and in gravel pits, there is little opportunity for pollutants to be filtered out of the meltwater because groundwater is close to the land surface. A Avoid disposing of snow on top of storm drain catch basins or in stormwater drainage swales or ditches. Snow combined with -sand and debris may block a storm drainage system, causing localized flooding. A high volume of sand, sediment, and litter released from melting snow also may be quickly transported through the system into surface water. Site Selection Procedures It is important that the municipal Department of Public Works or Highway Department, Conservation Commission, and Board of Health work together to select appropriate snow disposal sites. The following steps should be taken: a) Estimate how much snow disposal capacity is needed for the season so that an adequate number of disposal sites can be selected and prepared. b) Identify sites that could potentially be used for snow disposal such as municipal open space (e.g., parking lots or parks). c) Sites located in upland locations that are not likely to impact sensitive environmental resources should be selected first. d) If more storage space is still needed, prioritize the sites with the least environmental impact (using the site selection criteria, and local or MassGIS maps as a guide). MASSGIS Maps of Open Space and Water Resources If local maps do not show the information you need to select appropriate snow disposal sites, you may order maps from MassGIS (Massachusetts Geographic Information System) which show publicly owned open spaces and approximate locations of sensitive environmental resources (locations should be field -verified where possible). Different coverages or map themes depicting sensitive environmental resources are available from MassGIS on the map you order. At a minimum, you should order the Priority Resources Map. The Priority Resources Map includes aquifers, public water supplies, DEP-approved Zone II's, Interim Wellhead Protection Areas, Wetlands, Open Space, Areas of Critical Environmental Concern, NHESP Wetlands Habitats, DEP Permitted Solid Waste facilities, Surface Water Protection areas. (Zone A's) and base map features. The cost of this map is $25.00. Other coverages or map themes you may consider, depending on the location of your city or town, include Outstanding Resource Waters and DEP Eelgrass Resources. These are available at $25.00 each, with each map theme being r Guideline No. BRPGOI-01 Page 4 depicted on a separate map. Maps should be ordered from MassGIS via the Internet at http://www.state.ma.us/mgis. Maps may also be ordered by fax at (617) 626-1249 (order form available from the MassGIS web site) or mail. For further information, contact MassGIS at (617) 626-1189. 2. SITE PREPARATION AND MAINTENANCE In addition to carefully selecting disposal sites before the winter begins, it is important to prepare and maintain these sites to maximize their effectiveness. The following maintenance measures should be undertaken for all snow disposal sites: A A silt fence or equivalent barrier should be placed securely on the downgradient side of the snow disposal site. A To filter pollutants out of the meltwater, a 50 -foot vegetative buffer strip should be maintained during the growth season between the disposal site and adjacent waterbodies. A Debris should be cleared from the site prior to using the site for snow disposal. A Debris should be cleared from the site and properly disposed of at the end of the snow season and no later than May 15. 3. EMERGENCY SNOW DISPOSAL As mentioned earlier, it is important to estimate the amount of snow disposal capacity you will need so that an adequate number of upland disposal sites can be selected and prepared. If despite your planning, upland disposal sites have been exhausted, snow may be disposed of near waterbodies. A vegetated buffer of at least 50 feet should still be maintained between the site and the waterbody in these situations. Furthermore, it is essential that the other guidelines for preparing and maintaining snow disposal sites be followed to minimize the threat to adjacent waterbodies. Under extraordinary conditions, when all land-based snow disposal options are exhausted, disposal of snow that is not obviously contaminated with road salt, sand, and other pollutants may be allowed in certain waterbodies under certain conditions. In these dire situations, notify your Conservation :Commission and the appropriate DEP Regional Service Center. before disposing of snow in a waterbody. Use the following guidelines in these emergency situations: A Dispose of snow in open water with adequate flow and mixing to prevent ice dams from forming. C Guideline No. BRPGO l -01 Page 5 A Do not dispose of snow in saltmarshes, vegetated wetlands, certified vernal pools, shellfish beds, mudflats, drinking water reservoirs and their tributaries, Zone IIs or IWPAs of public water supply wells, Outstanding Resource Waters, or Areas of Critical Environmental Concern. A Do not dispose of snow where trucks may cause shoreline damage or erosion. A Consult with the municipal Conservation Commission to ensure that snow disposal in open water complies with local ordinances and bylaws. FOR MORE INFORMATION If you need more information, contact one of DEP's Regional Service Centers: Northeast Regional Office, Wilmington, (978) 661-7677 Southeast Regional Office, Lakeville, (508) 946-2714 Central Regional Office, Worcester, (508) 792-7683 Western Regional Office, Springfield, (413) 755-2214 or Call Thomas Maguire of DEP's Bureau of Resource Protection in Boston, at (617) 292-5602. Snow guidance 3-8-01b co r- d z J a w w co A9 T)KI I W1J "inn 8Z 'ON lVId 33S LL 3NIdW V NO1S06 co / o s�a�� / / k w Ln x U / / o o s OO /. a a } 161' A\�4F/ coo a �Q- Z o z.10 w Np � N a 6 / / Q Q NW COO. I U3 0 X o � Jk tn % haw 4i~SZ Gn Ci y 40 /^ LO lip N ! Y ! 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DE8R0 � Febro a,�, 16,200 S 6'2005 688,41 6S Rpt ESTa � o WNFR pNo 2 Aleve In ascobe t adI*ed ° th with the o l The the following zf�tiO�s A Conon Stre Pill � e abshed � the 2. 'vow V�pf et��O IaN�r h �o Ved &o E�orce�ent O 2 3, Ehgl�d anFebru' 4%c the site tder, jO In "44 'and d met x Shall 22nd, 200S s. 4 asp�s�' at co eat S arke be PLS Clio 200 $ 978 6g 2 ou sho pig, l Sh all be � d no later S� he 263'Id eve any 4u all sehedWeedno later t than may 16t est�o � ee please onsite 4 ay 16th 2005 do not hese a g, telativ to � D V � to call me � m $cement. LAflps f nelY t lyyojjr.c yoke. hardrayed 978_ opted Feb 88 9542 164� 20OS CpNS��V� IDgN�p�F P•1 DATE AND TIME OF CALL: I �� NAME: FIRWAGENCY: PROJECT LOCATION: TELEPHONE #: Oil C�gvs St SUBJECT: vl,�� oi'o 3, -�e�i ��z°°5 .y w `f � j _�� . _ r r�Ar ,Z4 pkoto 41 R� L", 4�1 I Sr Y 77 t 17 k �r a Wetland Plants, Inc. a �� 4A 01002 O b0 413 256-1752 'V413 256-1092 Sold To: CHARLES T MATSES REALTY 200 SUTTON ST N ANDOVER, MA 01845 Customer ID _ . Customer PO MATSES _ Sales Rep ID Shipping Method UPS Ground Quani-tom '1f_ m— Description 1.00!SEEDI — New England WETMIX 1.00S&H iShipping & Handling i I i i I Check No- 001727 Invoice Invoice Number: 22i Invoice Date: May 3, 200( Page 1 Payment Terms PREPAID Ship Date Due Date 5/4/00 5/3/00 T—Unit-Pfice x erasion 125.001 125.00 7.00' 7.00 Subtotal 132.00 Sales Tax 6.2 Total Invoice Amount 138.2r Payment Received 138.2r TOTAL 0.0 c Ship to: Customer ID _ . Customer PO MATSES _ Sales Rep ID Shipping Method UPS Ground Quani-tom '1f_ m— Description 1.00!SEEDI — New England WETMIX 1.00S&H iShipping & Handling i I i i I Check No- 001727 Invoice Invoice Number: 22i Invoice Date: May 3, 200( Page 1 Payment Terms PREPAID Ship Date Due Date 5/4/00 5/3/00 T—Unit-Pfice x erasion 125.001 125.00 7.00' 7.00 Subtotal 132.00 Sales Tax 6.2 Total Invoice Amount 138.2r Payment Received 138.2r TOTAL 0.0 c NEVV ENGLAND 11TTLAND PLANTS. INC. 800 Main Street v Amherst, MA 01002 fAy .8 2000 Phone (413) 256-1752 Fax (413) 256-1092 email newp@crocker.com APPLICATION RATE: 1 LB/5000 SQ. FEET AS AN UNDERSTORY SEEDING 1 LB/2500 SQ. FEET AS A WET MEADOW Cost: $125/LB r' �SIiaRED�; i E�1'?',SEED'.NtI�:Es..w'ET!�[[�000 �\pd G North Andover Conservation Department : 400 Osgood Street North Andover, Ma 01845 • Tel: 978.688.9530 Fax: 978.688.9542 fdc * h''' fle transmittal To:- Irl N ��i S Fax: From: Pamela Merrill Date: Re: Pages: CC: ❑ Urgent ❑ For Review ❑ Please ❑ Please ❑ Pleas Comment Reply Recycl CHARLES T. MAtSES REALTY May 5, 2000 Richelle Martin Conservation Administrator Town of North Andover 27 Charles Street North Andover, MA 01845 Dear Ms. Martin: REAL ESTATE OWNER AND DEVELOPER =; O Y 2000 .4 As per your request, enclosed please find a copy of the invoice for the Wetmix grass seed we ordered for our Charles Street property. Thank you for contacting us about the airport drainage issue, we look forward to meeting with you about it. If you have any questions, please do not hesitate to call our office. Sincerely, Charles T. Matses CTM/les H W W 0 z O 0 0 0 N CHARLES T. MAYBES REALTY May 2, 2000 Richelle Martin Conservation Administrator Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Map 72, Parcel 8 Charles Street Dear Ms. Martin: REAL ESTATE OWNER AND DEVELOPER t'AY 3 2000 I am in receipt of your April 26t`, 2000, letter regarding land located on Charles Street. As we explained, the field was disturbed over the winter by trucks putting snow on the property. We re -graded and re -planted, in an effort to stabilize the disturbed area. We would like to take this opportunity to ask that you and the commission ascertain why the Lawrence Municipal Airport is depositing runoff from Meir Runway onto this property. Since it is my understanding that they will be working with the Conservation Commission on their Vegetation Management Plan now would be a good time to address this issue. It was never our intent to disturb a wetland resource area; in fact, we had no knowledge that this was a resource area. We will comply with your request to re -seed the area immediately and ask that the commission contact us with regard to the runoff from the airport. CTM/les Sincerely, Charles T. Matses r Town of North Andover f NORTH OFFICE OF 3r °`"t to ° '6 , L " COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street�9 North Andover, Massachusetts 01845 .y WILLIAM J. SCOTT SSACNU5� Director (978) 688-9531 Fax (978) 688-9542 April 26, 2000 LMB Realty Trust C/o Charles Matses 200 Sutton Street North Andover, MA 01845 RE: Map 72, Parcel 8. Dear Mr. Matses: It has come to our attention that some work has taken place on a lot owned by LMB Realty Trust located on Charles Street (Refer to attached map). The subject work consists of the regrading of a field located adjacent to the Mass Electric property. This field is actually a wet meadow subject to protection under 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). This field may not appear to be a wetland resource area but through previous observations, it has been determined that the area is a resource area. The alteration that has taken place needs to be restored immediately. Please obtain a Wetland Seed Mix through New England Wetland Plants, Inc. (description and information attached) and spread the seed mix over the disturbed area to allow for stabilization. Please submit the receipt of the purchased seed mix and a letter confirming the seeding has taken place by no later than May 12, 2000. Please be aware that any work proposed within 100' of a wetland resource area is subject to either a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI) filing with the North Andover Conservation Commission (NACC) (Sections V and VI of the North Andover Regulations). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Should you have any comments or questions, feel free to contact me at (978) 688-9530. Thank you for your anticipated cooperation in this matter. Sincerely, Ric elle Martin Conservation Administrator cc: NACC Members Brian J. LaGrasse, Conservation Associate DEP-NERD File N a 0 New England Wetmix (Wetland Seed Mix*) SPECIES Canada Manna Grass (Glyceria canadensis), Fringed Sedge (Carex crinita), Tussock Sedge (Cures stricta), Bearded Sedge (Cures c•omosa), Lurid Sedge (Carer lurida), Joe- pye Weed (Eupatoriadelphus ntaculatzrs), Fox Sedge (Cures nulpinoidea), Three-way Sedge (Dedichium arundinaceum), Soft Rush (Juncos effusus), Green Bulrush (Sc•irpus atrovirens), Hop Sedge (Carex htpulina), Swamp Candle (Lvsimachiu terrestris), Boneset (Eupatorium perfbliatum), Woolgrass (Scirpus c_lperinus), Broomsedge (Cures n•ibtr loides), and Blue Vervain (Verbena hastata). * All of these species are used in New Eneland Wetmix. The proportions vary on a yearly basis depending on seed production. New England Wetland Plants, Inc., 800 Main St., Amherst, MA 01002 Phone (413) 256-1752 26 FAX (413) 256-1092 The New flowers d, tion is & states. It require qL ticularly a mix can t are obtain of weed I increase it APPL SPEC Tioga Rougl• (Agri' virgas dactyl. Plains lia), C Pye W top As The New E flowers, le is designee slopes, det APPLI SPEC! Little Switch (Carex . Wild -r.• Sunflo mariac Sunflo• Ne\ Pho /SEE PLAT NO. 73 i I THORNDIKE I w w F- N MR '•. i'' CµO,RLZ'r7 Ul a � s NO <qtv, gtioo� t L Oso •. h NORTH \ MAIN �P� Town of North Andover Office of the Conservation Department Community Development and Services Division 27 Charles Street Alison E. McKay North Andover, Massachusetts 01845 Conservation Administrator August 30, 2004 Richard Hogan Executive Director Greater Lawrence Sanitary District 240 Charles Street North Andover, MA 01845 Telephone (978) 688-9530 Fax (978) 688-9542 RE: Request to Remove Fill on the Abutting Property to Correct a Drainage Concern Dear Mr. Hogan: This department received your letter dated August 4, 2004 regarding the above referenced matter. Subsequently following receipt, I presented the matter to the Conservation Commission at their meeting of August 25, 2004 for discussion. Although the Commission understands the safety concern along Charles Street where water over tops the roadway due to improper drainage, the Commission does not have the authority to direct the property owner to correct the drainage problem. Such matters shall be discussed between the relevant parties for resolve. In addition, any work proposed in this area would require a filing of a Notice of Intent since proposed work would be within the buffer zone to and within a jurisdictional wetland resource area. Please feel free to contact me if you need further assistance in this regard. Sincerely, Lison E. McKay Conservation Administrator Cc: Richard Weare, GLSD John Ford, GLSD NACC File file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 (b LAWRENCE THOMAS CONNORS PAUL D. LAMBERT FRANK McCANN METHUEN MICHAEL J. COSTA CHARLES F. THOMPSON GREATER LAWRENCE SANITARY DISTRICT RICHARD S. HOGAN, EXECUTIVE DIRECTOR August 4, 2004 North Andover Conservation Commission Town of North Andover 27 Charles Street North Andover, MA 01845 Subject: GLSD Drainage System Request to Remove Fill Dear Commissioners: ANDOVER JOHN A. PETKUS Jr. NORTH ANDOVER LEONARD J. DEGNAN SALEM, N.H. EVERETT McBRIDE TREASURER JOHN A. PETKUS Jr. RECEIVED -bJ AUG 12 2004 NORTHANDOVER CONSERVATION COMMISSION As part of its original 1974 -1977 plant construction project, the GLSD installed a small drainage system on Charles Street. This drainage system was installed to intercept drainage water flowing in a drainage swale located on property on the easterly side of Charles Street. By providing piping under the roadway, the system ensured that drainage water would not flood over the top of the roadway pavement. Attached is a copy of a plan that shows this drainage piping system and catch basins. The system is located along Charles Street, just north of the Town's offices and the Massachusetts Electric transformer station. Please note that a catch basin is shown on the easterly side of the road and approximately 15 feet off of the roadway pavement. T 21101, the land wl;ere this catch basin is located was filled. When the land was filled, fill was also placed over the top of the catch basin. A drainage problem has resulted since then. The fill caused the original drainage Swale to be relocated to the south about 25 feet, bypassing the catch basin. As a result, the water now passes over the top of the roadway pavement. This presents a significant safety concern since this water flows year round, even during the coldest winter months. In winter, this flow causes ice to build up on the roadway pavement. During the very coldest days, the build-up can be as much as four inches each day. We are concerned that, with this ice build-up, there is a substantial potential for an accident to occur. The area of the build-up is at a curve in the roadway. 240 CHARLES STREET • NORTH ANDOVER, MASS. 01845-1649 • TEL: 978-685-1612 FAX: 978-685-7790 North Andover Conservation Commission August 4, 2004 Page 2 The combination of an icy roadway and the curve creates a serious hazard for vehicle traffic, particularly truck traffic delivering septage waste and process chemicals to the treatment plant. In the event of an accident, a truck could spill its contents into the adjacent wet lands, presenting a serious safety hazard for the District, the Town and the general public. On July 28, 2004, GLSD personnel viewed the filled area with the North Andover Conservation Commission Administrator, Alison McKay. According to Ms. McKay, the Town classifies the land that was filled as a wetland. If so, the GLSD believes that the North Andover Conservation Commission may have jurisdiction over this matter. Based on the safety hazard described above, the GLSD requests that the Conservation Commission direct the person responsible for this situation to remove some or all of the fill that was placed on this property and contour the property back to its original profile. This will allow water to drain back into the original catch basin. If possible, the GLSD also requests that this remediation be accomplished prior to the coming winter, so that any safety issues are eliminated prior to the onset of freezing weather. Thank you for your attention to this matter. Should you have any questions, please feel free to contact me. Sincerely GREATER LA NCE SANITARY DISTRICT Richard Kogan Executive Director Cc: Richard Weare, GLSD John Ford, GLSD M.� GREATER LAWRENCE SANITARY DISTRICT RICHARD S. HOGAN, EXECUTIVE DIRECTOR LAWRENCE ANDOVER THOMAS CONNORS JOHN A. PETKUS Jr. PAUL D. LAMBERT FRANK McCANN NORTH ANDOVER LEONARD J. DEGNAN METHUEN MICHAEL J. COSTA SALEM, N.H. CHARLES F. THOMPSON EVERETT McBRIDE August 4, 2004 TREASURER JOHN A. PETKUS Jr. North Andover Conservation Commission RECEIVED Town of North Andover 27 Charles Street AUG 12 2004 North Andover, MA 01845 NORTH ANDOVER Subject: GLSD Drainage System CONSERVATION COMMISSION Request to Remove Fill Dear Commissioners: As part of its original 1974 -1977 plant construction project, the GLSD installed a small drainage system on Charles Street. This drainage system was installed to intercept drainage water flowing in a drainage swale located on property on the easterly side of Charles Street. By providing piping under the roadway, the system ensured that drainage water would not flood over the top of the roadway pavement. Attached is a copy of a plan that shows this drainage piping system and catch basins. The system is located along Charles Street, just north of the Town's offices and the Massachusetts Electric transformer station. Please note that a catch basin is shown on the easterly side of the road and approximately 15 feet off of the roadway pavement. In 2001, the lard where this catch basin is located was filled. When the land was filled, fill was also placed over the top of the catch basin. A drainage problem has resulted since then. The fill caused the original drainage Swale to be relocated to the south about 25 feet, bypassing the catch basin. As a result, the water now passes over the top of the roadway pavement. This presents a significant safety concern since this water flows year round, even during the coldest winter months. In winter, this flow causes ice to build up on the roadway pavement. During the very coldest days, the build-up can be as much as four inches each day. We are concerned that, with this ice build-up, there is a substantial potential for an accident to occur. The area of the build-up is at a curve in the roadway. 240 CHARLES STREET • NORTH ANDOVER, MASS. 01845-1649 0 TEL: 978-685-1612 FAX: 978-685-7790 —.1 North Andover Conservation Commission August 4, 2004 Page 2 The combination of an icy roadway and the curve creates a serious hazard for vehicle traffic, particularly truck traffic delivering septage waste and process chemicals to the treatment plant. In the event of an accident, a truck could spill its contents into the adjacent wet lands, presenting a serious safety hazard for the District, the Town and the general public. On July 28, 2004, GLSD personnel viewed the filled area with the North Andover Conservation Commission Administrator, Alison McKay. According to Ms. McKay, the Town classifies the land that was filled as a wetland. If so, the GLSD believes that the North Andover Conservation Commission may have jurisdiction over this matter. Based on the safety hazard described above, the GLSD requests that the Conservation Commission direct the person responsible for this situation to remove some or all of the fill that was placed on this property and contour the property back to its original profile. This will allow water to drain back into the original catch basin. If possible, the GLSD also requests that this remediation be accomplished prior to the coming winter, so that any safety issues are eliminated prior to the onset of freezing weather. Thank you for your attention to this matter. Should you have any questions, please feel free to contact me. Cc: Richard Weare, GLSD John Ford, GLSD Sincerely GREATER LA NCE SANITARY DISTRICT Richard I-iogan Executive Director n Uifed Parcel L3u�ldi'hg 4�� plant w:�ter. /nv. EJ9.99 r � I t � �� -� \ (RC1 'h � �)� ✓. I 1d �40f' 4 + Sfee/ Ga�sl 1 � k above RECEIVED AUG 12 2004 NORTH ANDOVER CONSERVATION COMMISSION SEE PLAT .NO. 73 1* 13 ?'612 THORND( FISCAL 2001 MAPS DRAWN BY FRANK.. GILES, P.L.S. UREMENTS ARE SCALED ONLY NOT FOR SURVEY PURPOS. North Andover Conservation Dept. 27 Charles Street North Andover, MA 01845 To: John Ford Fax: 978-683-8188 From: Alison McKay, Interim Conservation Date: 2/5/04 Administrator Re: Matses Property off Charles Street Pages: 3 + cover CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle . . . . . . . . . . Please see the attached documents pertaining to your concerns regarding the above subject land parcel. Please feel free to contact me if you have further questions or concerns in this regard. North Andover Conservation Commission Site Inspection Sheet De p File # 242- not haveermit with Conservation Commission ommission Date: --L//,902-4 Address: Agent/R present: Findings: V U U " . lS i s d b v' ova s j -o a art d! Nle e G SGr ou.eo� Q Otd o S s a 0 1- C Fk7 47,1)Vf- i %L Memo TO: James Rand, Director of Engineering -Dept. of Public Works Frame Richelle Martin, Conservation Administrator ,U-V-�� CC: Chanes Matses, 200 Sutton Street, North Andover, MA 01845 Date: 05/16/00 Re: Map 72, Parcel 8 Charles Street On May 15, 2000, 1 met with Mr. Charles Matses on site at the above referenced property in response to a letter of concern regarding a drainage issue on Charles Street. It appears as though during large storm events, water ponds up on, and adjacent to, the subject parcel resulting in excess water on and near the roadway. Mr. Matses and myself, thought the installation of a drainage structure (i.e. catch basin) would possibly alleviate this problem and were wondering if you could look into this matter and advise as to whether or not the Department of Public Works could feasibly do so. Attached you will find a plot plan of the area of concern. Please contact me at your earliest convenience to discuss this matter and to set up a site inspection. Thank you. 0 Page 1 .SEE PLAT N0. 73 J Fii' Alo Tti < q 1 . q �'RFN,yaO1� C4-� THORNOIKE w w U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usos.com,% Certified Mail Provides: ■ A mailing receipt (asanaa) aooz eunr'ooee Wood sd ■ A unique identifier for your mailpiece " ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. 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