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HomeMy WebLinkAbout- Orders Letters and Photos - 1254 OSGOOD STREET 3/29/2019 , c Glr�✓ 1 1 CONSERVATION DEPARTMENT l; Community& Economic Development Division March 29, 2019 i Princeton Development, LLC 1 c/o Andrew Chaban 1115 Westford Street, 4"'Floor Lowell, MA 01851 The NIT Group, LLC c/o Brenden Gilmore 1600 District Ave, Suite#315 Burlington, MA 01803 RE: Enforcement Order: VIOLATION of the Massachusetts Wetland Protection Act(WPA) (M.G.L. C.131 § 40) and !North Andover Wetland Protection-Bylaw (C. 178 of the Code of North Andover) at �c,Iu v,sgvvia s:r4acct, 1`ao►iu r-.nu+.,rrcr l.rxc>» t Dear Mr. Chaban&Mr. Gilmore, 1 At the March 27, 2019 public meeting, the North Andover Conservation Commission(NACC)voted to issue an Enforcement Order to reme late wetland impacts resulting from site work on 1210 Osgood Street,North Andover. This work is permitted under DEP File 4242-1692. The violation is alteration of Bordering Vegetated Wetland(BV ) associated with an intermittent stream on property owned by the Lawrence Municipal Airport (see photographs attached). The NACC voted unanimously to require the following: • No later than Friday, March 29, 2019, the owner/applicant shall notify the Lawrence Municipal Airport of the violation(completed). • By April 3, 2019 the NRP Group/Princeton Development shall engage a geotechnical engineer to analyze the discharge of water and sediment that is occurring up-gradient of the 3-series wetland (to the west of Building D) and provide a report of the cause of the problem and a proposal to stop or prevent further discharge/alteration. • Both the water and the sediment found in the stream shall be tested to determine if contaminants are present and to identify the substance to determine its composition and source. i I 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978. 88.9542 Web www.northandoverma.gov • By June 28, 2019, the NRP Group/Princeton Development shall prepare a plan to restore the impacted area to its natural/original condition. This plan shall be presented to the NACC for approval at the July 10, 2019 public meeting. • Under dry conditions and no later than September 2, 2019, the NRP Group/Princeton Development shall carry out the approved clean up. The NACC will review the report of your geotechnical engineer and the results of the water/sediment testing at the April 10, 2019 public meeting (7 pm. North Andover Town Hall). Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, ORTH ANDOVER CONSERVATION DEPARTMENT ifer Hugh on onservatition Administrator Cc: Mass DEP NERO 41, rl� 7v-Af I Y7 Y' March 27, 2019 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978,688,9542 Web, www.n!orth,andoverma.gov � , ',h o '� F t i1� " ' ro�p q y,� ��1' �„ ro ','�"� nr"•i 4w��b�P �rl�,ky.�"�,�a'4�yl�,d ,�wi "� �qr°Is �"��� '� „..�^�.� ,+�� � "ar�r��P' "•' r �•dyro. �""II'dA"'� �gy�9 �' rl� r d Y� I�� �� ro ro� . �' '";��� ro�dr' a� � u��" � ���N'� �bN" "�' " ,' �,�" �� � s �%.� �..r•.W+y P M,P' y� a '1"a N PC s t,�q1 "' J r w k^� � ��� ➢� ,.ii piss 'ma.� I "'e ,�- S ndin 011 � i Y �V,��✓,r y ,�� ��� a 7 8 „"4�'k�r d�L��u��`✓��ay; ""S j �i � ,- Pa���'�:.'� .� "' � �*���k`+["� "'F"trm� �x ���"�.•" .t ,,,�<�'�c�R 'w '„�`b� � �'� ey�`�"t'��y,A� 'Alfp n crJRm° _ � � ��.� !.XJ' ."`� ^•g'"" 'aw. 7f,r �T '" r N,, • i •ii N . w Of •ot ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 — Enforcement Order 242-1692 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 (AmendeqL— A. Violation Information Important- When filling out This Enforcement Order is issued by: forms on the North Andover(NACC) 3/29/2019 computer, use Date only the tab Conservation commission(issuing Authority) key to move To: your cursor- do not use the Princeton Development LLC &The NRP Group, LLC return key. Name of Violator MA 115 Westford Street, 41h Floor, Lowell, MA & 1600 District Ave, Suite#31155, Burli_�Iin �ton, ram Address 1. Location of Violation: '��"° Os and Street A, artments, LLC & Cit of Lawrence Air ort Commission Property owner(if different) 1210 CAECA 1274) Osgood Street &0 Osgood Street Street Address North Andover 01845 City1fown Zip Code 34 49 &26 Assessors MOP/Plat Number ParceiiLei Nuncibei -r' �7�"t Cc; ee'(': 2. Atl:M UlU 1 YP6 61 11 UVky (11 11 Alteration of Bordering Vestream 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: 0 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). Page I of 4 wpaform9a.doc-rev,711404 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order 242-1692 _(, ri e d ILI Massachusetts Wetlands Protection Act M.G,L. c. 131, §40 Amended B. Findings (cont.) H 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 (Le,, valid Order of Conditions or Negative Determination of Applicability) issued to: Princeton Development, LLC c/o Andrew Chaban 1/26/2018 1Name Dated 242-1692 File Number Condition number(s) U The Order of Conditions expired an (date), -6-ate -­ 171 The activity violates provisions of the Certificate of Compliance. F1 The activity is outside the areas subject to protection under MGL c.1 31 s.40 and the buffer zone, but has altered an area subject to MGL cA 31 sA0. El Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): El 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 a are as returned to their original condition. June 28, 2019 A restoration plan shall be filed with the issuing authority on or before Date for the following: removal of sediment and other discharged substances from Bordering Vegetated Wetland and Intermittent Stream under dry conditions. F7�erestoration -s hajl e completed -nacco�danc-e with the conditions and timetable estab�shed by the issuing authority. %Npaform9a.doc-rev.7/14104 Page 2 of 4 I R Massachusetts Department of Environmental Protection DEP'Fole Number: Bureau of Resource Protection -Wetlands ; WPA Form 9 -- Enforcement Order 242-1692 ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Arrrended) - J G. Order (cont.) Complete the attached Notice of Intent (NO[). 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 Carder 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: 1. Notify the adjacent property owner of the impacts no later than 3/29/19 2. Engage a geotechnical engineer to determine the source of the discharge and a proposal to stop or prevent the impacts to EVW by 4/3/19 and present findings at 4/10/19 public meeting 3. Test the water and sediment that fi has been discharged for contaminants and identification purposes by 4/10/19 4. Present plan for approval to NACC by 6/28/19 to restore impacted area to orginal state 5. Under dry conditions i complete restoration (no later titan 912-ti 9'__ 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. f 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: Jennifer Flughes, Conservation Administrator Blame 978.688.9530 thane Number i Monday, Wednesday and Thursday 8-4:30 PM, Tuesday8-6 PM and Friday 8-12 PM Hoursffiays Available Issued by: North Andover Conservation commission Conservation Commission signatures required on following page. I i Page 3 of 4 wPaform9a.dtc•rev.7114104 Massachusetts Department of Environmental Protection QED File Number: Bureau of Resource Protection -- Wetlands WPA Form 9 — Enforcement Order - �� Massachusetts Wetlands Protection Act M.G.L. c. 131 40 D. Appeals/Signatures (cons.) 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 mem bers at the next scheduled meeting of the Commission. Signatures: f/ 4 7018 0680 0001 2521 7473 7018 0680 00'01 2521 7459 Signature of delivery person or certified mail number _ wi3aferm9a.d©a•rev.7114/04 Page ©f4