HomeMy WebLinkAbout2013-12-03 Planning Board Supplemental Materials (7) NORTH
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CONSERVATION DEPARTMENT
Community Development Division
July 19, 2013
Paul& Shelley Russell
80 Saile Way
North Andover, MA 01845
RE: Enforcement Order: Violation of the Massachusetts Wetland Protection Act
(M.G.L. C.131 § 40) and the North Andover Wetland Protection Bylaw (C. 178 of
the Code of North Andover) at 80 Saile Way, North Andover, MA.
Dear Mr. & Mrs. Russell,
On June 25, 2013, the Conservation Department mailed an Enforcement Order (EO) and
accompanying letter requiring that you submit an existing conditions plan for your property at
the above referenced address by July 17, 2013. The plan was required to document work that has
been done on the property within 100 feet of Lake Cochickewick and associated Bordering
Vegetated Wetland (BVW).
On July 11, 2013 I met with you and Judy Tymon, Town Planner, to discuss the matter. At that
time you stated that you were not certain the work that had occurred on the property was within
100 feet of a resource area. In a subsequent phone call, you stated you were wrong about that and
some of the work was indeed within 100 feet of a resource area. You said in your phone message
that you would be sending a letter to address the department's concerns. I have received no
correspondence since this phone message on July 12. As such, on behalf of the North Andover
Conservation Commission, I am issuing the attached $100 fine for failure to comply the
previously issued Enforcement Order. A fine in the amount of$100 per day will be issued until
an existing conditions plan is received by the North Andover Conservation Department as
required by the EO. This matter will also be placed on the July 24, 2013 agenda of the North
Andover Conservation Commission for further discussion and action. You or a representative is
requested to be present at that meeting.
In reviewing the previous Order of Conditions issued for the property at 80 Saile Way, I noted
that no Certificate of Compliance exists for the Order issued under NACC 47. As work on the
site is complete and the Order is expired, a Certificate of Compliance must be requested at this
time. Please see Conditions 439 and 440 of NACC 47 issued on December 3, 1997.
Please call the Department to discuss any questions or concerns.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
Sincerely,
NORTH ANDOVER CONSERVATION DEPARTMENT
Jennifer Hughes
Conservation Administrator
Cc: Louis Napoli, Chairman North Andover Conservation Commission
Judy Tymon, Town Planner
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com