HomeMy WebLinkAboutMiscellaneous - Marbelridge RoadTown of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
Memorandum
TO: George Perna, DPW
FROM: Michael D. Howard, Conservation Administrator
DATE: May 17,19%
RE: ENFORCEMENT ORDER
As you are aware, this past winter a water main broke onMarbelridge Road.
Emergency repair activities by DPW personnel resulted Ln the permanent alteration of a
Bordering Vegetated Wetland (BVW). Erosion control has since been installed along
the perimeter of this wetland resource area. This Department forwarded
correspondence dated April 16, 1996 requesting that you contact me at your earliest
convenience so that we may conduct a joint site inspection and determine if future
restoration is warranted.
At a public hearing on Wednesday, May 15, 1996 the North Andover Conservation
Commission (NACC) unanimously voted to issue an Enforcement Order mandating
that the wetland resource area be returned to its pre-existing condition under the
direction of the Conservation Administrator. Please find the enclosed document for
your review.
In order to accomplish this task DPW will likely need to supply a backhoe and a dump
truck to adequately remove all silt and sediment from the BVW. Once this task is
complete the area shall be seeded with a wetland grass mixture. The NACC has further
mandated that this matter be resolved prior to the June 5, 1996 public hearing. Please
schedule accordingly with this Department.
If I can be of further assistance or if clarification is required please do not hesitate to
contact this Department. Your future cooperation with regards to this matter is
appreciated.
Sincerely,
G
Michael D. Howar
Conservation Administrator
encl.
cc: NACC
file
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
H
' 310 CMR 10.99
Form 9
Co=onvealth
of xassachusetts
DFP Pik No. 242— N/A
(ro be provided by DEP)
Cit7lrmn NORTH ANDOVER
6=iNorth Andover Department of
ApP
Public Works
Enforcement Order c. 131, $40
Massachusetts Wetlands Protection Act, G.L.
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From NORTH ANDOVER CONSERVATION COMMISSION (NACC) _Issuing Authority
To George Perna Director of Public Works North Andover DPW
Date of Issuance May 17, 1996
Property lot/parcel number, address
Marbleridge Road
Extent and type of activity: Alteration of a Bordering Vegetated Wetland (BVW)
310 CMR 10.55 as a direct result of an Emergency Water Main Repair.
The NACC has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131, 540, and
theRegulations promulgated pursuant thereto, 310 CMR 10.00, because:
Said activity has been/is being conducted without a valid Order of
Conditions.
Said activity has been/is being conducted in violation of an order of
dated ,
conditions issued to
File number 242- ` condition number(s)
0 Other (specify)
The NORTH ANDOVER CONSERVATION COMM. hereby orders the following:
The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
X Wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition. Please refer to the enclose
correspondence.
41
Effective 11/10/89 9-1
IN
on
Issued by NORTH ANDOVER CONSERVATION Comission
❑ completed application forms and plans as required by the Act and
Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION
on or before (date),
and no further work shall be performed until a public hearing has been held
and an order of Conditions has been issued to regulate said work.
Application forms are available at: NACC Office, Town Hall Annex
❑ The property owner shall take every reasonable step to prevent further
violations of the act.
mother (specify) Restore the wetland to its pre-existing condition under the
direction of the Conservation Administrator by June 4, 1996.
Failure to comply with this order may constitute grounds for legal action,
Massachusetts General Laws Chapter 131, Section 40 provides:
whoever violates any provision of this section shall be punished
by a fine of not more than twenty-five thousand dollars or by
imprisonment for not more than two years or both. Each day or
portion thereof of continuing violation shall constitute a separate
offense.
Questions regarding this Enforcement Order should be directed to
Michael D. Howard, Conservation Administrator
Signatures
9-2b
(signature of delivery person
or certified mail number)
Town of North Andover o* t►ORTM
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES °
146 Main Street
North Andover, Massachusetts 01845 ,0 »,rFO oatgy
....._.._.................................. SS9cmu.
Memorandum
To: George Perna, DPW Director
Dave Bailey, DPW
CC: NACC
From: Michael Howard, Conservation Administrator
Date: May 17, 1996
Conservation Commission Issues
At the di. reetion of the North Andover Conservation Commission (NACC), the
following issues remain outstanding and require further response:
• AbbotESireet: As discussed, please replace the existing 10" pipe with a new
pipe as soon as possible. I have enclosed an Enforcement Order permitting
the work with a deadline of Wednesday, April 24, 1996. If this deadline
presents a scheduling problem please contact me and I will inform the
NACC. Otherwise, give me a phone call a day or two ahead of the work date
and I will re -arrange my schedule around yours in order to oversee the pipe
placement;
• Beavers: I have had three meetings with Eric Amati from the MA. Fish &
Wildlife Agency regarding the beaver dams throughout town. Enclosed
please find a permit allowing the removal of a 3' x 3' section of dam adjacent
to Route 125. The responsibility of this permit falls on my shoulders so
please give me a call if future alteration of the dam is warranted;
• Marbleridge Road Water Main Repair: As you may recall, an emergency
repair of an existing water main was performed by DPW this past winter on
Marbelridge Road. DPW staff installed necessary erosion control along the
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
limit of work. The NACC is still not satisfied with the restoration efforts and
some members have raised concerns regarding the material within the
wetland itself. Please contact me at your earliest convenience so that we may
conduct a site inspection and determine if future restoration is warranted;
Proposed Parking Lot - High School: I met with Dave Bailey and Paul
Syzmanski on the morning of April 16,1996. The high school is looking to
expand the existing parking lot a limit of one car length (approximately 8')
towards the adjacent vegetated wetland. I asked Dave to install the
necessary erosion control along the limit of work and I will perform the
wetland delineation and evaluate the feasibility of the project. I do not
foresee any problems nor do I expect a formal filing with the NACC,
however, I will refrain from further comments until I delineate the resource
area. I expect to complete this task on Wednesday, April 17, 1996 and I will
contact Dave and Paul accordingly. It was agreed upon by all parties that a
gravel based medium will suffice for now but if an impervious surface is
required in the future than a Notice of Intent will be warranted.
As always, your future cooperation with regards to these outstanding issues is.
appreciated.
Thanks!
May 17, 1996
2