HomeMy WebLinkAboutMiscellaneous - Woodlea Road�ll�ttS DepaIbrwnt of L`Ad► ounw-ntal Protection DEP File Number
• Bureau ofResource Protection Wetlands ' (1
WPA.. .Form: 9A. - Enforcement Order for DEP use only
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and North Andover Wetland
Protection Bylaw..
Violation Information
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This Enfo X
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. Cor ffvion commission (ImingAuthonry)
To:
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Name of Viol"
Locationof Vlol� n:
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Extent and type of activity:
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Date of u ncee:
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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 is being conducted in violation of
e ¢fder ofCondi ' s issi�o: I
Name r
File Number
Cordeion numba(s)
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Other (specify):
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Massaclarsetts Depamxwt of Enviromental Protection
Bureau of Resource Protection — Wetlands
WPA. Form 9A - Enforcement Order -
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection
Bylaw:--: �-
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 shall 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'Condkions has been issued
to regulate said work.
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 Enf rcem t Order should be
direA1917A
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� X5 30
Phone't�
Issued by
Conservation Commission
In a situation requiring immediate action, an Enforcement
Order may be signed by a single member or agent of the
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
The property owner shall take the following action to
prevent further violations of the Act.
(r/
Failure to comply with this Order may constitute grounds
for additional legal action. Massachusetts General Laws
Chapter 131, Section 40 provides: "Whoever violates any
provisions 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."
Signaure ofde(ivey person orcaviie9 mail rwmber
r),- n -;.
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
(978)688-9531
January 8, 1999
Mr. James Grifoni
240 Candlestick Road
North Andover, MA 01845
Fax(978)688-9542
RE: ENFORCEMENT ORDER:, Woodlea Village Subdivision — Violation of the
Massachusetts Wetland Protection Act (MGL c.131 s.40), the North
Andover Wetland Protection ByLaw (c.178 of the Code of North Andover)
and DEP #242-792.
Dear Mr. Grifoni:
As you are aware, the North Andover Conservation Commission (NACC)
temporarily suspended the stop work order on lots 1 — 6 Woodlea Village as it was
there opinion that the violations previously documented had been substantially
mitigated. However, enclosed please find an Enforcement Order which mandates
the following:
1. A detailed "As -Built" site plan prepared by a Registered Professional Civil
Engineer and Registered Professional Land Surveyor of the
Commonwealth for the roadway, utilities, appurtenances, stormwater
structures and lots 1 —6 shall be submitted to the Commission for review
no later than January 20th, 1999. This plan shall be prepared in
accordance with Condition #47 of the above referenced Order of
Conditions. Failure to submit a satisfactory "As -Built" will again result in
a stop work order for lots 1- 6 Woodlea Village and/or the issuance of
additional fines to be determined in accordance with Section 178.10 of
the North Andover Wetland Protection ByLaw.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2. The stop work order for lots 1 — 7 Woodlea Village remains in full effect.
This Department, however, has been granted discretionary authority to
lift this order on a lot by lot basis pending satisfactory pre -construction
meetings. Prior to going forward on each of these lots and scheduling an
inspection with this Department the following tasks must be completed:
a. The foundation limit must be staked at least 50' from the edge of
the wetland resource area and in accordance with the approved
plan of record.
b. The sedimentation/erosion control devices must be at least 25'
away from the wetland resource area and installed per the
approved plan of record and condition #31.
c. A revised construction schedule and sequence shall be submitted
per condition #29.
d. Wetland flagging must be re-established per condition #30.
e. An emergency supply of erosion control devices must be
stockpiled on-site per condition #32.
3. Per the approved resource area restoration plan prepared by Mr. D'Urso,
the proposed planting scheme shall be complete as soon as conditions
allow but no later than June 1", 1999.
To reiterate, it is the understanding of the NACC that Mr. Steve D'Urso has been
contracted by you to act as the Environmental Monitor. Mr. D'Urso has been
instructed to appear before the NACC on a monthly basis per the following dates to
provide detailed status reports in accordance with Condition #21:
a. February 3`d, 1999 @ 7:OOp.m.
b. March 3`d, 1999 @ 7:00 p.m.
c. April 71h, 1999 @ 7:00 p.m.
d. May 5`h, 1999 @ 7:00 p.m.
e. June 2"d, 1999 @ 7:00 p.m.
f. PERMIT EXPIRES —June 20`h, 1999
If you have any questions or concerns regarding this matter or the enclosed
EnforcemeM Order p se do not hesitate to contact this office.
Si rel ,
Michael D. ward
Conservation Administrator
Encl.
CC: Tom Urbelis, Esq. — Town Counsel
Michael McGuire — Building Inspector
Dom Scalise, Esq.
Steve Stapinski - Merrimack Engineering Services, Inc.
Steve D'Urso — Wetland Biologist
NACC
file