The URL can be used to link to this page

Home My WebLink About20120807 WSP waiver/conservation commission enforcement - Miscellaneous - 440 GREAT POND ROAD 1/22/2017 Wetland Consulting Services January 22,2017 Ms.Jean Enright North Andover Planning Board WCS Proj#: Hancock-1 120 Main Street North Andover,MA 01845 RE: Conservation Commission,Enforcement Order,440 Great Pond Road,North Andover Dear Jean: Wetland Consulting Services (WCS) has been retained by Hancock Landscaping to prepare a restoration plan for the unpermitted cutting of vegetation adjacent to Lake Cochickewick at 440 Great Pond Road. Attached is a copy of the preliminary restoration and replanting plan we provided the Conservation Commission at their January 10,2018 meeting. You may already have a copy of this report. It is my understanding that it would be necessary for us to attend the February 6, 2018 meeting of the Planning Board to review the proposed restoration plan and comments provided by the Conservation Commission. Attached is the preliminary replanting plan and report we provided to the Commission at their meeting. Summarized below are the concerns and comments expressed by the Commission at their meeting: 1- The Commission has not yet approved the planting plan 2- The Commission would like the sapling and shrub slash and dilapidated shed removed by June 1,2018 3- Re-evaluate the condition of the cut areas to determine the need for re-planting 4- Possibly revise the proposed plantings in the lawn area proposed for sapling/shrub planting 5- Consider methods for the control of buckthorn(Rharnnus frangula)an invasive shrub 6- Attend the June meeting of the Commission to discuss the above issues and the status of completed work The attached plan is only preliminary.If you have any questions,please feel free to contact me at 978-346-9857. Sincerely, Wetland Consulting Services, of NEW ROBERT PROK L C� Na 083 Robert Prokop Wetland Scientist/Wildlife Biologist Cc: North Andover Conservation Commission Ralph Hancock,Hancock Landscaping 15 Bzsson Lane,Merrimac,MA 01860 978-346-9857.978-346-7479(FAX) a ' • Town of North Andover Office the Planning part ent Community Development Division 120 Main Street North Andover, Massachusetts 01845 September 13, 2017 Mano Realty Trust c/o L. Muni and S. Kimungu, Trustee 440 Great Pond Road North Andover, MA 01845 Hancock Landscaping 77 Essex Street Andover, MA 01810 RE: Violation of North Andover Zoning Bylaw Section 4.136,Watershed Protection District, for 440 Great Pond Road,North Andover Dear Trustees and Ralph Hancock, On Saturday, September 9, 2017 the Town's Harbormaster, Peter Boynton, had contacted the Planning Department about tree cutting along the lake shore. He was contacted by the North Andover Water Treatment Plant about the sound of chainsaws operating at 440 Great Pond Road. He took pictures of the tree clearing from the lake (attached). On August 7, 2012,the applicant requested a waiver of the Watershed Protection District Special Permit, in accordance with the North Andover Zoning Bylaw section 4.136, so as to allow the removal of invasive vegetation within the Non- Discharge Buffer Zone of the Watershed Protection Zone, The Planning Board issued a Watershed Special Permit Waiver(attached) with the specific condition that: ® The applicant is required to apply for a Watershed Special Permit for any vegetation clearing within the Non-Disturbance Zone, as defined on the above referenced plan and for any vegetation clearing that is not included within the Findings of Fact, as stated herein. Based upon the Watershed Special Permit Waiver issued in 2012 and the delineation provided, there has been a clear violation of the North Andover Bylaw Section 4.136 whereby vegetation removal has occurred within the Non-Disturbance Zone. It is hereby requested that you attend a Planning Board meeting on October 3, 2017 or October 17, 2017 at 7pm at 120 Main Street North Andover to appear before the Planning Board and discuss this violation. Please contact the Planning Department to confirm the meeting date in which you can attend, S' ce• ly, a e ecca Oldham Staff Planner cc, Jean Enright, Planning Director Jennifer Hughes, Conservation Administrator Enc. Watershed Protection District Special Permit Waiver and plan approved August 2, 2017 Tree clearing photos collected on Saturday, September 9, 2017 from the lake e . e..�Q'K'CGLrb`j4p� „ • e Town of North Andover Office of the Planning Department Community Development Division 120 Main Street North Andover,Massachusetts 01845 September 13,2017 Mano Realty Trust c/o L. Muni and S. Kimungu,Trustee 440 Great Pond Road North Andover,MA 01845 Hancock Landscaping 77 Essex Street Andover,MA 01810 RC: Violation of North Andover Zoning Bylaw Section 4.136,Watershed Protection District, for 440 Great Pond Road,North Andover j Dear Trustees and Ralph Hancock, j I On Saturday, September 9, 2017 the Town's Harbormaster, Peter Boynton,had contacted the Planning Department about tree cutting along the lake shore. He was contacted by the North Andover Water Treatment Plant about the sound of chainsaws operating at 440 Great Pond Road. He took pictures of the tree cleating from the lake (attached). i On August 7,2012,the applicant requested a waiver of the Watershed Protection District Special Permit, in accordance with the North Andover Zoning Bylaw section 4.136, so as to allow the removal of invasive vegetation within the Non-Discharge Buffer Zone of the Watershed Protection Zone. The Planning Board issued a Watershed Special Permit Waiver(attached) with the specific condition that: ® The applicant is required to apply for a Watershed Special Permit for any vegetation clearing within the Non-Disturbance Zone, as defined on the above referenced plan and for any vegetation clearing that is not included within the Findings of Fact, as stated herein. Based upon the Watershed Special Permit Waiver issued in 2012 and the delineation provided, there has been a clear violation of the North Andover Bylaw Section 4.136 whereby vegetation removal has occurred within the Non-Disturbance Zone. i 11/7/2017 Tree Cutting 1.jpg Vp .e t, https://drive.google.com/drive/folders/OBw7QCLEsALlgb3JLWk54Uj]tV3M 1/2 11/7/2017 Tree Cutting 2.jpg a t t t f � .=•F �., ,:,r..,�r „��„y'q� ~mow:1 3^ v y , a r https://drive.google.com/drive/folders/0Bw7QCLEsAL[gb3JLWk54Uj[tV3M 112 11/7/2017 Tree Cutting 3.jpg 1. a a< z n , z + https://drive.goog le.com/drive/folders/OBw7QCLEsALlgb3J LW k54Uj ltV3M 1/2 11/7/2017 Tree Cutting 4.jpg ar �� i u t.. w v u 4 4 y c s 34 {n y x x https://drive.goog le.com/drive/folders/0 Bw7QCLEsALIgb3JLWk54Uj ItV3M 1/2 11/7/2017 IMG_5727.JPG Ali c s r g +a 4 n r 3- r� + ;a ` v x y � Rh'�r � � E Xk a i s• 1` t1„ A'� v X https:/Idrive.google.com/drive/folders/OBw7QCLEsALlgb3JLWk54Uj]tV3M 112 '�, t 4 . i��+t'1 tq t ��s' a;�ys�, >;.L. y� ar�.,s a �m „ •K'Y, +r . pi"l ',., c ,,,.'.l�'♦ `�.` ��s 'l� "'�Fii` ��`6''�'a �'�y� .��°�, %b •fir � �h F.� : ��ppai �s"` ,�.,�'x `L?�, �S'iji „;,a.`'*. ' W Sc ;'+� ��, 4�+� i1 y '' t: Y'T t. ai,tr A ,1rz >,. t`�,' xry • i ,c {{l .*F „ h T^fix^. Ap�,' ra'!,q>r t ".> Y,*:£., k;,{�.�, � a v,. ,r: .4�,n7`w4 ` !' ��`;:1,:,?'�`" d }•„ '�,r:,�4 � .P t � a# j3 'M.. +..17 P+" ani "{ s a *"+ h ✓. i t ",m«,. ::* �. �a v?tom { fiP t k r .,+' r6 ,p'', } x'=�``I, ' :, ..«„ l ,d a t, ' °� g�° `� +ems } ,`«• ,. 's°' = g,� Fuss Fa ; k R rc. 4, asi►e..x&ail 1 .m �'"�°.," s" tr„•:r �,tl: S � ,., : �?"�m�#�, t"'-z,,:� ' � St4 v"* �-l'� '� �. 1; x + t -dam'',, ems, ', ;., '^* *` , 'z ,k„ x ,? .aa•„tr" 4 * 1 >r 4 xµ ,tt,a �, '�` € ak, kS, aye,• e y - hk ,d,,.W M;�l�$"e a u, IR v fA`,� .<# � , e,P^ ^ � n � �•» a .^J� A!',>� . �:. k�, f �.. =€,. 4 z"::" ,,vr -, ," ) 1,$ ,§ E` ".'L".!.^ k„ .7 .:,. - _< ',:t't?•F. `^,_, .� �>u .,^:. ;cal. .»„' �,�� ,, "a ,.x. a�,* �� ^°„'.;. .,�` ,rc*�� ,.+. •- ~k t- v srs r`s^, ,.,. w.,,i ,.:.� ,s„ �, vmx a,*R,,;e'1" a �.'�, k;', ' � w�';uf�` ,� t ^*fa,�- R ,c:.R �•.S:G }� E Av tr ,.�,,,k, .:" .. •zL,,w `.?; 4`,�,+.: �'�'*"_„�s ,4:: ,s„, a -�. y1.__•,, ,, �-�'�, a.,-�r a "s... e. .� ,,�,.»a., , ., .: .t �_ ,,,.,, ` «n�a. ">. ,�a..,'.�6ta.' ra`�_ ;� \, - ram`� :{., •�'` >' ••* pGrr" .sa; :rt, °4tia „ 'd^ k n .�.'� ,t. ,+ `...'�; z` .s, r a.rc,.+., _: ,e^r s r '. a« 4'— ti'. 701 c "'Fi t3,a z�. :" k m •_:a '!,n �.,•,'»Q Z , 1 ""2"` f^ x; tit: ` _ -„,+r' - , a' `': ? x4> '-:`,•`rY $ t .'a* *x�tt. f;r ,j - .,? ,•;:T' „fir, 1 •{ ,,,4'd'.,c C,t, <d ,;;•ai x ,} ',,,v' �_,;; ,' � .ate,.. y,'"t°•�,,` � � �.�� sis ��y'. '.�t Was '°�.. .t J �.,,z -Now,?j-RW"q �q �'•."',tk q 4�n.'� �T .iS'"F 1` '^,s 4�, ," '3 d' Mom,p.', ,kd^tea izr, •;d>r; s P ? '�o ,.," „q.r..1."'.' i s'R, �•a E ,.t„ ..5. q§''^Y"+ _ ', x " tic �i9 ..•l`•` •7- 3 3r v `�,v- y. a=. fSxlti' 41 5 .M1.„- 'Ti 7 ,k . "z 3k: ref", Y`: e §' ,\ A .$ a"s. *� dwa% ".�."d 1�.:.§:^ •s,^`^`'- t"� C" 3 `L' fi: �'> '+. „ :n'".�^ R► V,A` y,,c. ," ..:,?'•�'.^„�,.- ;�.•�� _ "7 , .�,,,.,, 14 M1 .de "7r"•!i ,�rk{.$,' ,A x„'»�t: F�•4 7,A t .c IMF-- S` Ste` �,, }'' �"` n� *�, »u. � ''^ ,z_. M• -- � �',� i" �� '��"' .�„ .:tn' , ,,�, �< " „�,ir` t=,r'";s t?a••/"'i t ,.,d'.�� 1 j:`a., •",,,>. £,-^ i� '• t <:v`�`1 9}'t 't zra•_ ..>:, R'. .",;,*�''. ',,., "'a. atySt 4 ",r • .`. ...�[.,� 4 ,..n^ .�• f „� '•,R ` `,`' \< flS?n �,,+t 'ka''A {rc". + ': -.. $:w + � n `} r i,.,,r '- rtr #, S `' ... a '`��'" ,-k,.: ;:,.� "=r Y1`P».a.,,,av •„ � `' , ^'`§ d';§z , ;�t�,s t 9 �.�m �- a^. �.?txt'il i~;t to s` "�� YF �r�.. ,.r �', '• '--,i. �;.:� s.�.�''a�� : '�s,x- pl a In �. '�' {'ri '' `$� / \� .�{,Yft, ��b<.� «-"� •'� u k .F. ,.\,:=e...- p ,tk �,' !�" s r s� r,�' t ,�7 g� ' „ if fig, t "• fg1"' :. , k # ✓ �� ' :� , '�'». � � { *;*tea.. A>.. i„+,'m;•, k, + jr ^ ��>„ �f�� :, `c►,��: i ^`'e..:.,,,Y- d;f�'i �' t. „�'. ��r �.� �4 et i `e, �r,.i, ::,. !cif s a '1..2 �.,� :ae F'S► ''.:� 7'Y,~ E, rw'''' s ' .�, y 4.i `kttni m' ^�.:�, .4 �,. ..t 4.. s * ar'v-k•'�q My l� a,: aka f i „� 1Tt�r '� 11/7/2017 IMG_5724.JPG a x c . ti � 1 s � j � s t y E t%St i S , n x , {l t ��1 1, ell" , xy N ; y � ' ar < I ,< M .• a � x °tt 0 4 ro s r� r " a xty � t https://drive.goog le.com/drive/folders/OBw7QCLEsALlgb3J LW k54Uj ItV3M 1/2 11/7/2017 IMG_5722.JPG Ira- A � i , i e - N \ i , ,� a ✓". —..:.-- _,: r c , ' r, e r �e ..A R" 'K x i s i r t � LMn , t r > �h :� III t �I�IiA n n e r 1 e a = https://drive.google.com/drive/folders/OBw7QCLEsALlgb3JLWk54UjitV3M 112 7 � JV 3 N ju -4 CD i i(' 'tN V O ryry( y1� 5 ' , n 10 ti -s ��,� � ;}+ � r SH W �^,;•"'�,�,.. � € y, �ti. Sty � ,� '� w{ I��v t �� ` C �' �.. ,. '•' ," '�� ]fir; �� t� � � _ t i G � # 5 r Oka We ng 3 a,�IQA�A cold, 0 Old MCI Y � x �— ,. Ingp # i 5 d II FF I t " sri 1}q 1 1. xpill! � � o ' , CAM T F 3 3 y IRE r Room I aff V"LA, it .}S,II N } } y. } i i lop lit l JIM R I A x � d r a i ;fill 7y typ j T AM �t !AV Act RE U y < c ix , 7 p R , yV ` ' yy ,. F��y� a q ��•M ,� t N K N C u'ri O O ^� n , C b . W k _ ly �s J i r s t r PO r r s i 1 t it p r • b si a r f N 11/7/2017 IMG 5717.JPG tt v }� k nu-- tr,.: - sa�� e t� yy v f. \. t .4 . r,ihasd> https://drive.goog le.com/drive/folders/OBw7QCLEsALigb3J LW k54Uj ItV3M 1/2 11/7/2017 I M G_5708.J PG a _ r y •f ''� 4 { v t t *n r i y r s a �w https://drive.google.com/drive/folders/DBw7QCLEsALlgb3JLWk54UjltV3M 1/2 " a '' A w`c �'`'� r'" " "• N (D � P fo ,I ,z '` , AV Iw Ir TSB I � W .d tt Z is va 725, 44 � s p � h �� y j, AU r ¢' a � i i"f✓ / -�q 'fir,,i't 3:, � z, r ; N CONSERVATION DEPARTMENT Community & Economic Development Division I September 13,2017 Mano Realty Trust c/o L. Muni and S Kimungu,Trustees 440 Great Pond Road North Andover,MA 01845 Hancock Landscaping 77 Essex Street Anodover, MA 01810 RE: ENFORCEMENT ORDER: Violation of Order 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 440 Great Pond Road,North Andover, MA. Dear Trustees and Ralph Hancock, i On Saturday, September 9, 2017 the North Andover Water Treatment Plant and the town's Harbormaster received calls that there were chainsaws operating and cutting in progress on the lake shore. The attached photos were taken from the water that day. On September 11, further cutting was reported and I visited the site and met the landscaper in the driveway. He called Mr. Hancock and met me and the Planning Director and Staff Planner on site later that day. Additional photos were taken of the cut areas (also attached). According to C. 178.2 of the North Andover Wetland Protection Bylaw, "No person shall engage in the following activities: removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas..." including any 100-foot buffer zone (see also Wetland Protection Act Regulations 310 CMR 10.55). Work within 100-feet of a wetland resource area requires a filing with the North Andover Conservation Commission (NACC) under both the Massachusetts Wetland Protection Act (WPA) and the North Andover Wetland Protection Bylaw(Bylaw). More information is available at the Town of North Andover website under the Conservation Department link. 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com I In addition, the property was granted a waiver under the Watershed Special Permit process (attached) which prohibits cutting in the Non-Disturbance Zone (see attached plan). The provisions of this waiver have also been violated and will be need to be addressed with the North Andover Planning Department/Board. Landscaping companies should be aware of the applicable state and local laws in the communities in which they work.as they are held equally responsible in the violation The North Andover Conservation Department is hereby issuing this Enforcement Order requiring that you cease all activities within the jurisdictional resource areas including the associated 100-foot Buffer Zone. You are also required to re-delineate the wetland resource areas on the property and prepare a plan to revegetate the impacted areas. This plan should be prepared by a qualified wetland scientist. The plan should be submitted no later than September 22, 2017. You or your representative/wetland scientist should appear at the September 27,2017 meeting of the North Andover Conservation Commission to discuss the restoration plan. The North Andover Conservation Commission also has the authority to undertake additional enforcement action including the levying of fines. The NACC does not feel such action is necessary at this time and looks forward to your immediate cooperation in this matter. Please do not hesitate to contact me should you have any fiirther questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION DEPARTMENT ennifer ghes Conservation Administrator CC: Jean Enright, Planning Director Rebecca Oldham, Staff Planner Mass DEP,Northeast Regional Office Enc. Enforcement Order, Waiver, Site Plan, Photos 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.towno€northandover.com Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands I Ll W A Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 j A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 09/13/2017 computer, use Conservation commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Manor Realty Trust, L. Muni and S Kimungu, Trustees& Ralph Hancock, Hancock Landscaping return key. Name of Violator 2 Woolsack Drive, Westford, MA 01886 &77 Essex Street, Andover, MA 01810 raa Address 1. Location of Violation Property Owner(if different) i 440 Great Pond Street Address North Andover 01846 Cityrrown Zip Code 37A 1 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Tree and brush cutting within wetland resource areas and the associated 100-foot Buffer Zone, Cutting is also within Lake Cochichewick and the associated Watershed. i i i I i i 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: ® 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). wpaform9a.doc•rev.7/14104 Pagel 04 Massachusetts Department of Environmental Protection DEP File Number: LABureau of Resource Protection -Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ 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(i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other(specify): 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 any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ® A restoration plan shall be filed with the issuing authority on or before September 27, 2017 Date for the following: Replanting (with native trees and shrubs)of cut areas and permanent monumentation of the 100' Buffer Zone, The plan and work should be conducted by a qualified wetland scientist. See attached. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. Wpaform9a.doc rev,M4104 Page 2 of 4 ILIMassachusetts department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI). 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 Order 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: 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. 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 Hughes Name 978-688-9530 Phone Number Monday, Wednesday, Thursday 8 a.m. -4:30 p.m., Tuesday 8 a.m. -6 p.m., Friday 8 a.m. -noon. Hours/Days Available Issued by: North Andover Conservation Commission : ........... Conservation Commission signatures required on following page. wparorm9a.doo•rev.7/14104 Page 3 of 4 I ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.C.L. c. 131, §40 D. Appeals/Signatures (cont.) 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, f - - � . -J Signature of delivery person or certified mail number wpa(orm9a.doo•rev.7114104 Page 4 or 4 w ram# }a t:,:.��#/�w� ,�' v �/� �' 7��i _ 'S•� � 't' ��wx.`v� A,.x r - � v + IV, ?IV MH,�� j w� rr x rJSS �r L.r� J�g'�r-,pf �1r q * 1g € �r��,5,i 1 � f-t,�i 4p >✓ r +5, w � � '"�'�,di� tt 4`r qq �•.-�, 1 ��i'i a r rx ' yl�$..i' '.. ` � { ,�5 � � �� ,., i� ra* ,� '" r r4i (�. d �� •; � ,,�!!o ��. r��(f t �.; y�I �/� ��,,ar.�� p�y' + -r �"•r'r �,t�� ,€, `p7s l,x {s �r1�� {"-'�"^� .vx r �•�;,,2j71r` a""�� ._fir• rx� '� � a Yv ��'L`� a Z, t"Y ,: ''a,*' s',.:.r F J rb,e ({1 r ♦ S r , ! ,.': r ,ak•'; #" 3 .s,r-- ,,, r �J t ..+ =aw »�h /A t �9� � e ��5v � •eaF };r ," � �+ " ,�' ' t »ar*y� w � , ,� � = t�• ire � r"y r s � `fir '� r 1 �, "� �;��: .r` + „„� k rK$ i 3 ✓.;_ ", r �tm 'item. � „ 4 `tl�p .. r,rr � }J�rl�%X It�i { �a 1 j+�Mo-y,1Y �� .y• r °�ti!�`" MIN t a k< .✓ =�� .��J'�yn�, �i �'al a .�IiP4/ s.F-J�r.rw�� ,. l �a[vrs�i �� :tiil" �,�`�.. r '� "dry ii'{w O pr {� �+f} r{ 1aw ! M"✓ • C M+'` r �-Tyr"i~'riAl b 3 5 { IA x ✓ ae k' � A '� w i ry� ', r x K r d 9 fj { "�,C �d{ .r�( - e r)� r� r• �.qxa � 3. a t .. v r,� ,r hvl� 4 ax/� J. K_ r,S 3 { t �;�+� ¢�. {lc >�•% �'�,�',' , •t 1 + 'J t rtS,. �(r ��q��r'�'t � �.�f�(�.tl �f�jr$��Itf' t.'1" � �' •��f� +.: 4v t •s ��+J\i{v � �Awa�t ��y. Ii cr �V a�1{IA Ai iplri'I a3s - 5 4� �F i 1 �fi�4i .��v,� i� � /yly)Jr�7s(t1`RS,�r•,�5i^s ��j{ r 4 1 �' { h �j j� �. f. ,;•T. ' f .t•'"/)/ �y 4f2`f�l f l t FYI N r.7 "7 "t al U�`c {�`' Y1 Sut.trA`nl, •.ytq{ '�R�� r1�Q ' ` w, '. r� �0 J rs �t�tfs tl 113 `� /t _rr ar e j l:_ ; Yri g t'r i a t� a. o• v�, y ��, l `�'�`i tr h, p t 4 ' �# F ,sI�Jfr ran J � r r .�a .> 2 r�f-t , d': Nt` `J I ``jf < tix ♦,� •, P P ` ♦ r tt1 'Ii� !� �` .� � ��S.t, 1 .. r � aY �1•, 1 .r (y�ttyyld 1�`/' ;� � �1 Sj. �I '{�1 �G �+ ll,� f jA�N ,'.#t{4�?'�„� i�} fit`� •.•�.J S/t ��'i, yti �,sh t \1ty ? ?"11 I ram, it'll' Z 1(S l,. (1.� � "•,t1 r r ,y � ,� a .�� ;s �' p-j� {I � \4E,i , •1 �6S A'yY;kk1� �..; t t,.y '� »• e:V+ [ �` ,�,: P,1,? e,.rl7,v�y,.�tp ' P�� r'�KI .ff fk `'��'`;1�4r a �� s..y a9� ,..5. i _•F! A v er, r � is r t ssr �i tF .f,ti"��e�' �� i, it� r '-^ti >:>t ,� c`b�}•�i ��s' � '�i. C �{� �n�`� 4gt" i-�`+�! tl• "i� f q rt'�t, t� ��s l��"t 1 / e t�- i/, frr..1 it, !;{rl s Y es tgyb ! GG + r r , �,,.7r\. •tY't.' skt'j(Y'rC�` � AWIS s,r ' °y / 'tfi�,+v�✓�'MJ� a ' rt�� ` �� 1 r�` t�'R/��1 t �a aA c t t (�d � �i iv ON It ! ` \ lr /�{ 11 ,43j„r� �'�+✓�key' 7' � r4j � �, ;,♦ ' ( ,.. � .Jl � � t. .. l5'1�jf ' a r fi�� _�� •i l d { "� star cam'- a t ! «v r tr�IF, ) k /Y i { r/1� �i l�•v{ i �.\�h t '3 tk °! 7a�%, t .�T��-. r�„j*'�''� ' 'a S: 5�1��, ,i„� 1.r I 1R��i� - .. � ?J ✓ .� �1)�1 y '�„�`i'� �'s':,� �� J'g' J'V , Ys•` i yy��e t'17" ! . �� /�` rr:.� t�A.:�, ��j'��,t('�� e��I��' 'da �'•>�'�a% � /J�. ��1t�"��, �%, y�T x e�e �'.iF ,�.. �'�r�l$ S��s1Yt�' y\�t+y� �# ��.�r`� Ttt: , �! J! �� --•_��: (�s 7 f 'A ' a v,��rr �. \�... � _,..;F�[ci 'C� $f`!t I �:� �tt�'` r \ .fir / (•� t �'"$i# 4tllq �,.;j,�..?;i.. , t' ,�" h ;i Sl,ieetiiAtw 6 1k;llI .{ 41.4' Ot ry- �Jf ( i' lye V 4wo. ig�t °L rt` ,y l r x'1• jNi' Eck" 1 to I s � � y PMll ./,,( o y- t V a{Ca°} � s't C �1`r�1 �,,Si f / lylg'•'vn sf�.. �1y'i��' A JP'y r'r YYY 9KXY S;Y► � �` i ,� b� �to`�1^�m- ._�y� �rc�a.�..r, fral s Ct:,. r (. '� ° I f�Aw� M (!,?,.� � q- s+ 'h"� - ^'°•�. �>t� t "si�� '-°�t � _'°'e .per I d�`.+ I 4 r �t`d`.A 1 r� A !`•. "ti €°°' Irq 1 �i7r �L.� 1r. IJp` »,7-7 ulf x' h S th� fir4� K _ r �.I •e i fig'i r � �1 �p/f•;;rtA a � 1.� 'I /I��, s' "a '1�'s,('-../ r� y¢�11,, r '.. �w i" i {*.r-•-mow h`r..g,W �}3'i} �IJ#I(�" ✓ , ` ,. /r ye U 's Y.� r �.q x�,3Ar *�Y�..r�i• F:..:x !lr sa't.N/,� r I,q. 3 't" (( 411 ✓ o al r 1, rru�r a��y'tM7� ��Sfy/� v�' ✓ =f t e y ,'r t5frf .ClrrP ''- � r / lr w � t� v 4 Z z s c r ��ly� •'r t T 41 r t? { a } r( � t �� 'v K�f.`y/ t r ,,;' � d Y, a ;4�4t y .', s'y.;"Z �( z; t,''� •-4r �I �. 4 ., ..�C / t v..i ti�;y S art I^�-�r:ir •i 6 //f} / 1 ti s\,. t 'rNg r "`t,?¢ I l f''�rf y 1 r S{ ! Illy @ �rrga l P q'1�f`,.�_ � t%ry 11 a to C.✓. t ,t`f Itr ?4� �� + �t ar �Frg,i. } I ?# e �Q (II, �,`J-'�t �,t�Yy 7�t�r�AI��lar, �R � 1 1 } r r1's•tt '�IY C 1 9;. t J; f� Y'fi t 'i l' +„yl` `. .`I ,'; M1ltr1pi,r� F� 3 iv f I / t era T / l�rti a ./j ¢"`.-1 �' w'rf� t�fJ' : r r� z ^�.'n. -yr�j. i 1 "."' .'f i t N,x v� a Ii�r�� ,,'4 � t r` ��ifi,i,r �i li�`' � r.�" �\ a� rn �s'r`Y+F r6 t ! ;,, ,� !/[ ItJ t`I ;ti{r sftd r• /* ' �. P �'� r—�—,...:, � rr p "."'" 'J �� gg e'. L,.�, i t t fi ii 1 Y(�.j -�'•.1 .''' -=". { ,�! rt "t ' �," 'fie+ t:::� rf�h�'yy ' 1'/ rt � 'rt Frr '9r r;�',�i�`,Yht�l�� .. > •�, ��{.�,�� tgyl �" '{,� i I �.! fr{r \J Lit P/,t /,� l�` f r II t m/ ,4 7 / �. i ,� 1'>�w �f, s 1 pF.t �r,1 •_x��rJ y�h `;il (r + r ti WOU i•4 r+i ,, ,pr yst p rYY4 4t y et I s_,}- /'t1;, ".�5`x4l hi}I M ""Irr�rj f N >�ra�T; �1�"� & � �� I•€, ��, (//I��! vr-^*� t ,� 3� I,`� ��.�� r ,��` ��1� ��'�" + `r',�`(;� ",/` ,l 3`°n z. r,Ir`"r[ttr I�"f T�' £ d 4r �{�f �i " ��y� �t�r/ 1r• Vi rp �1LY� r �'� �1 J€1 J �! t �� l.l /� �' 4�!*y �. 1g.:' t. ,} q'i '', ✓', f'�'�1 �ts !�. 't!�I �r��,ur f A t i". Ik i �e 4` / �s xt� �r I � 'ri�1 t r rf� 47 yl r'',.'ii Ir141' r �1 q� r'/•(` 1 �d.f/i, r >±1 ,?.4 r rr14.. At 1 f.TO ��p� % r• ray < ,fit, } I r �} I fil'y `/, Al Idler �� t¢�ltil`5�{ yprr�, It f{ fts Y ' { a1if r tr, ! 1§. S ' / r �• iiyy yet ;� `� f "`e 4 ��r'! ': '! i =:s' �y��1d'/* 'ApI/ 1 tiftt ;'� "' rr 4 az file t I yyaap� €�,. !f' t y ''�\ f/i��r•,J�,+,}} '-'fir '! :u ,zr "' &x� r.y"'�d^Yi r r / 1� � �i � � rT f��f r{ ,�,Jt• ,ri.. rl, �'� 4 1��,� •' � , �, Ar gg xx tt 'e9 � .'� � r ,y �f'T� IE -� ;� '"�j r t� r fly •WuS11 j � .�^ � � F y"�k�3g'�'€ k2 �. �`7(� �rr I 1,� �� { �tbSp /' 1 � >3St`I V14+ 1rf °r t2 �t 6yrr�Al �, ✓s '_j r'��`c, k�{� )) � e t'�`>~.a S k �'�� rz�. � q ,�� r(':b'•i �`d ar � r�+��i��i V '�?'� �' { vt Iq r :;�fl/ti I �Tt , tl1y, / 4 r er" ' itLuv 11';, k,t' �,. � � xs,•, (p. �, ,r ry'p/ r �y y; r i r� "—;.• 1} l 1 ♦ '�= [ , �''` 4 I �/,,[tlr '4 rqr , S f � ffi91�• r � � = i 4. .l r� $Yp� r/ 1 `t3�C, r rty � �:f r�a-i r f I/ °�' u / r ( �r`�7.4 r Q• .,/ r � /J r Pt s J tFz, r 325' NON—DISCHARGE ZONE (FROM HIGH WATER LINE) 250' NON—DISTURBANCE ZONE FROM WETLAND) TOWN OF NORNF TH ANDOVER 7 , I N 29r51'50" dN 103 12' N �`r I I 1 AL ti+F N 28'21'30" W 146.33' M M M w ,O } N O TOWN OF N. AND VER 'I V{�ATER PIPE EASEMENT IL AL IL AL AL Mw � 1..1 j I . / WF ALAL WF IL j -MwWF AL All C,4 NF AL ZOAL I I I 1 I 1 1 4k • _ t 1 j I I 1 � 1 1 1 1 I i t i \ �- ti i�0, wF ,A. S155Mo 10/11/2017 Town of North Andover Mail-440 Great Pond Road OKM `ov Jean Enright<jenright@northandoverma,gov> M�ssachusett� 440 Great Ponca Road 1 message Rebecca Oldham <roldham@northandoverma.gov> Wed, Oct 11, 2017 at 12:26 PM To: Jennifer Hughes <jhughes@northandoverma.gov>, Jean Enright <jenright@northandoverma.gov> Steven Dougherty(owner of DC Development) 9 4 I s. Called to verify that he received the violation and has been informed by the Landscape Company that they are working to take care of the issue.He would like to remain informed of the decision and can be present at meetings if needed. (I spoke with him today and told him we would keep him informed.) Jean:Jen is working with Ralph,the landscaper,on a re-planting plan and he will be on ConCom's next meeting.After going through ConCom it could then be decided on how to proceed with Planning or however you want to approach it. --Rebecca Rebecca Oldham AStaff Planner Planning Department Town of North Andover r U '1 20 Main Street ." JJ North Andover,MA o1845 a. Phone t. ,, ,�t� � E� � _ .. .fir s�F ,r t�Fax: 9-11, : 48 .t52 Email: r1 Web: nortltanrioverrria.gov https://mail.google.com/mail/u/0/?ui=2&ik=7c2eff6265&jsver=khUFNOKniXg.en.&view=pt&search=inbox&th=l5fOc4lef87el24f&siml=15fOc4lef87el24f 1/1 i i t � i fi • S,y�Tl.itt116�,a- . • r r CONSERVATION DEPARTMENT Community& Economic Development Division October 12, 2017 Mano Realty Trust 2 Woolsack Drive Westford,MA 01886 Hancock Landscaping 77 Essex Street Anodover, MA 01810 RE: ENFORCEMENT ORDER: Violation of Order 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 440 Great Pond Road,North Andover,MA. Dear Trustees and Ralph Hancock, On October 11, 2017 the North Andover Conservation Commission(NACC) held a public meeting. This property was on the agenda for ratification of the issued Enforcement Order. During the meeting the NACC revised the Enforcement Order to include the monumentation of a 100' No-Disturbance Zone adjacent to the lake. This area shall be monumented with granite or pressure treated posts every 50 feet. This is in addition to the restoration planting already required (see below). ! i t The previously issued Enforcement Order required: i 3 "...that you cease all activities within the jurisdictional resource areas including the associated 100-foot Buffer Zone. You are also required to re-delineate the wetland resource areas on the property and prepare a plan to revegetate the impacted areas. This plan should be prepared by a qualified wetland scientist. The plan should be submitted no later than September 22, 2017. You or your representative/wetland scientist should appear at the September 27, 2017 meeting of the North Andover Conservation Commission to discuss the restoration plan." These deadlines have not been met however, Mr. Hancock has been in touch with the department and has obtained a list of consultants to assist him with the required planting plan. As such the 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978,688,9542 Web www.townofnorthandover.com I commission requires that the plan now be submitted no later than October 20 and that the owner, landscaper and arborist appear at the October 25, 2017 meeting of the NACC at 7 p.m. (120 Main Street). The North Andover Conservation Commission also has the authority to undertake additional enforcement action including the levying of fines. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH AND VER ONS VATION DEPARTMENT K/V9b 1114-- ennifer Hugh s Conservation Administrator CC: Jean Enright,Planning Director Rebecca Oldham, Staff Planner Mass DEP,Northeast Regional Office Steven Dougherty, DC Development Enc. Enforcement Order 120 (fain Street, North Andover, Massachusetts 01845 Phone 978,688.9530 Fax 978.688.9542 Web www.townofnorthandover.com 10/18/2017 Town of North Andover Mail-440 Great Pond Road NORTH ANO.OVER Massachusetts Jean Enright<jenright@northandoverma.gov> 440 Great Pond Road D. C. Development D.C. Development <dcdevelopment@hotmail.com> Wed, Oct 18, 2017 at 3:02 PM To: Jean Enright<jenright@northandoverma.gov> Jean, forwarded this email to Ralph Hancock at Hancock Landscaping. His email address is hancocklandscaping@gmail.com and his phone number is 976-657-6601. Thank you, Elisa Parolisi From:Jean Enright<jenright@ north andoverma.gov> Sent:Wednesday, October 18, 2017 11:26 AM To: dcdevelopment@hotmail.com Subject:440 Great Pond Road [Quoted text hidden] All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www,northandoverma.gov. https:Hmail.goog le.com/mail/u/O/?ui=2&ik=7c2eff6265&jsver=g8gQOBaJ EzM,en.&view=pt&msg=l 5f3Oddd8efe4b29&search=inbox&type=15f3Oe8734e... 1/1 Wetland Consulting Services October 20,2017 Ms.Jennifer Hughes North Andover Conservation Commission WCS Proj#: Hancock-1 120 Main Street North Andover,MA 01845 RE: Enforcement Order,440 Great Pond Road,North Andover,MA Dear Jennifer and Commissioners: Pursuant to the Enforcement Order dated October 12,3017,Wetland Consulting Services(WCS)has been retained by Hancock Landscaping. Our services in this matter include delineate the wetland boundary, determine the limits of the 100 ft no disturb zone,and develop a replanting plan for any cleared wetlands and 100 ft no disturb zone. Given the short notice for this effort,we request a one month time extension from the required October 20,2017 deadline to submit this information.We also request that Hancock Landscaping or others be allowed to clear the accumulated slash as we develop the plan as this may interfere with the wetland delineation review. Finally,please be aware that it may be late November or early December before a planting plan may be approved by the Commission. This will likely require that the re-planting effort be delayed until Spring of 2018. Hopefully,we can address any and all concerns and quickly resolve this matter. If you have any questions,please feel free to contact me at 978-346-9857. Sincerely, Wetland Consulting Services, p NEW k1,1e„ ROBERT PROK (do.083 A Robert Prokop Wetland Scientist/Wildlife Biologist CC: Hancock Landscaping 15 Bisson Lane,Merrimac,MA 01860 978-346-9857.978-346-7479 (FAX) Subject: Re: 440 GPR Plan 1 Bob, You will re-delineate, correct? i Jennifer A. Hughes Conservation Administrator j Town of North Andover 120 Main Street North Andover, MA 01845 i 1 Phone 078,6 &9530 I Fax 973.038.0542 I Email jIIughesCwnorthandoverma.gov Web w��,��°,nort—h n vYen-na.gov i i l i I On Fri, Oct 20, 2017 at 8:10 AM, Robert Prokop- vcsbobp aol.com>wrote: Cops, Ii Forgot to attach the letter. I ! I Bob I i -----Original Message----- From: Jennifer Hughes<jhughesC-no-thandoverma.g€,,> To: Robert Prokop«resbobp oaol.com> Sent: Thu, Oct 19, 2017 3:28 pm j Subject:440 GPR Plan I Bob, i I have attached two different versions of the plan. Unfortunately both have a 100'buffer zone on them. Hopefully one will work i for you. Jennifer A. Hughes { Conservation Administrator Town of North Andover 120 Main Street North Andover, MA 01845 I ! Phone 97&688,9530 Fax 075.533.0542 Email jhugtLesCdnojthandoverma,ga�� Web w w.s rtttandoverma.aoy I � I � i i II I ; l � i� Wetland Consulting Services January 30, 2018 Ms. Jean Enright North Andover Planning Board WCS Proj 4: Hancock-1 120 Main Street North Andover,MA 01845 RE: Restoration Plan,Enforcement Order, 440 Great Pond Road,North Andover Dear Planning Board Members: Wetland Consulting Services(WCS)has been retained by Hancock Landscaping to prepare a restoration plan for the unpermitted cutting of vegetation adjacent to Lake Cochickewick at 440 Great Pond Road. At this time, the attached plan (see Figure 1) is only preliminary. Severe weather conditions over the past few weeks, and a personal injury, has forced us to rely on the Proposed Site Plan prepared by GA Consultants,Inc.with a revised date of 03/25/09 to identify previously delineated wetland resource areas and associated buffer zones. A similar plan and report was presented to the Conservation Commission. The Commission's comments are summarized in my letter to you dated January 22, 2017 (should have been January 22,2018). As you may be aware, a large area of saplings and shrubs were cut close to ground level within 100 ft of Lake Cochickewick(see Photo A and Figure 1). The slash from the cuttings remain on site (see Photos B and C). The bulls of the vegetation cut is river birch(Betula nigra)and buckthorn(Rbaninus frangula). Buckthorn is considered an invasive shrub. No trees, consisting mostly of river birch,were not cut. Figure 1 is a preliminary restoration plan. This plan includes installing no disturb monuments,planting sycamore (Plantinus occidentalis) tree saplings, and silky dogwood (Cornus amomum), high bush blueberry (Vaccinium corymbosum) and American hazelnut(Corylus americana) shrubs around the curt area, and within the 100 ft buffer zone. A 10 ft wide gap leading down to the lake would remain to allow for canoe or other minor water dependent activities (see Photo E). The proposed sapling and shrub planting areas currently exist as lawn or grassland(see Photo F). No plans are currently proposed to replant the areas where saplings and shrubs were cut. While river birch and buckthorn were cut close to ground level, both are vigorous sprouters and the root systems remain intact. River birch can grow 36" or more in a single growing season, especially since it now has a well established root system. Buckthorn can similarly re-sprout but not quite as prolific as river birch. We had considered an effort to control or eliminate buckthorn, but there is currently no known effective means to eliminate this shrub short of herbicide treatment or physically removing the shrub and roots. 15 Bisson Lane,Merrimac,MA 01860 978-346-9857.978-346-7479 (FAX) Restoration Plan 440 Great Pond Road North.Andover,MA Page 2 We feel neither of these control methods would actually be effective or approved by the Commission. Consequently, it is our opinion to simply allow the cut areas to sprout and regrow. Two other items to consider in the cut areas are removal of the slash(see Photos B and C), and removal of the abandoned shed (see Photo D and Figure 1). We are willing to remove these items, but please consider the following. While piles of slash and an abandoned shed appear as an "eye sore" to many, both provide significant wildlife habitat in terms of cover from predators and possibly breeding and nesting habitat. The slash or brush could be accumulated into various piles and left as cover for wildlife. Similarly, the shed could also remain in place for use by groundhogs, rabbits, foxes, skunks and other animals that utilize burrows and dens in the interiors of these structures. Two species of bats, big brown and little brown, frequently use such buildings as daytime shelters. We leave this decision whether to remove the slash and shed up to the Conunission. In summary, we are willing to remove the accumulated slash and shed, if needed. We do question the need to replant the areas cut since we believe these areas will re-sprout and grow effectively. We will install monuments marking the no-disturb zone, but leaving a 10 IT wide opening for access to the lake. Finally,we plan to plant at least 27 tree saplings and shrubs in areas within the 100 ft upland buffer that currently exist as lawn. Again,this is only a preliminary plan for review by the Commission. If you have any questions,please feel free to contact me at 978-346-9857. Sincerely, Wetland Consulting Services, of tIEW. 1P ROBERT PRO, No.083 Robert Prokop Wetland Scientist/Wildlife Biologist IF CD rry 10 "VLL- 1 j ' - .- rf,W:', &'MngtreeMrubfine No&sturb Markers(7) Sycamore jP� YwnusocddenW&)(S)j2112: caQ' Approximite Amaofsapling ane'!s h m,b cu ng, BluebmTyJVJcci�iumcormomo)(8)2 (2gal) -f 71 Ii, 14moved 7 1, m a r 4,,.7 r 7 '7 Restoration Plan 440 Great Pond Road North Andover, MA Page 4 Photo A. Saplings and shrubs cut close to the ground level near the lake. Photo provided by Jennifer Hughes. Photo B. Slash left within the 100 ft buffer zone. Photo provided by Jennifer Hughes. Restoration Plan 440 Great Pond Road North Andover, MA Page 5 Photo C. Slash left within the wetland area but the river birch trees have been left undisturbed. Photo provided by B. Prokop 12/6/17. Photo D. Slash left within the wetland area but the river birch trees have been left undisturbed. Photo provided by B. Prokop 12/6/17. Restoration Plan 440 Great Pond Road North Andover, MA Page 6 Photo E. Part of area proposed for planting. A 10 ft wide opening would remain for access to the lake. Photo provided by B. Prokop 12/6/17. Photo F. Sapling and shrub planting area within the 100 ft upland buffer zone. Photo provided by B. Prokop 12/6/17. Wetland Consulting Services July 5, 2018 Ms. Jennifer Hughes North Andover Conservation Commission 120 Main Street North Andover, MA 01845 WCS Proj #: Hancock-1 RE: Restoration Plan, Enforcement Order, 440 Great Pond Road, North Andover Dear Jennifer and Commissioners: Wetland Consulting Services (WCS) has been retained by Hancock Landscaping to prepare a restoration plan for the unpermitted cutting of vegetation adjacent to Lake Cochickewick at 440 Great Pond Road. As you are aware, a large area of saplings and shrubs were cut close to ground level within 100 ft of Lake Cochickewick in late Fall 2017 (see Photos A and C). The bulk of the vegetation cut consisted of river birch (Betula nigra) saplings and buckthorn (Rhananus frangula) shrubs. Buckthorn is considered an invasive shrub. River birch trees are common throughout the cut area, but no trees were cut. (see Photos A and C). Also present within the cut area were two dilapidated sheds (see Photo D). At the January 2018 meeting of the Commission, we presented a preliminary planting plan to mitigate for the cutting (see Figure 1). We had not proposed any replanting in the cut area since both river birch and buckthorn are vigorous re-sprouters when the root systems remains intact. We did, however, offer to plant a mix of trees and shrubs in the grassy area within the 100 ft wetlands buffer zone. The Commission agreed to delay a decision on the planting plan, but did require that the slash and sheds be removed. In early June 2018, approximately two thirds of the slash was removed along with the two sheds. Cut vegetation has begun to re -sprout along with the herb layer (see Photos B, D and E). Removal of the sheds left an area of approximately 1500 sf somewhat devoid of vegetation (see Photos G and H). As a result, we are now proposing to revise our planting plan devoting most of the effort to the disturbed area (see Figure 2). On June 22, 2018, the edge of wetland in the vicinity of the cut area was flagged. Wetland flags #1 through #5 were used to mark the wetland boundary. Their• approximate location is also shown on Figure 2. The new planting plan involves planting three black birch and three gray birch saplings along with 24 (8 each) of blueberry, silky dogwood and winterbeny shrubs in the area disturbed when the sheds were removed. Additionally, 20 each (total 40) of cinnamon and royal fern would also be planted. All proposed plants would be planted randomly throughout the disturbed area. Five sycamore saplings would remain as part of the plan and would be planted along the edge of the tree line in the buffer zone. 15 Bissau Lane, Merrimac, MA 01860 978-346-9857.978-346-7479 (FAX) Restoration Plan 440 Great Pond Road North Andover, MA Page 2 July 5, 2018 Lastly, four no disturb markers spaced 50 ft apart would be installed along the edge of the 100 ft no disturb line from wetlands. We are not proposing any seed mix at this time since there is no threat of erosion. Existing plant propagules and seeds in the soil should allow the herb layer to revegetate slowly and naturally. I have found that seeding an area with newly planted shrubs tends to "smother" the new plantings with new herbaceous growth consisting mostly of grasses. Since it is unlikely the new plantings can be watered given the distance from a piped water source, we would like to delay the planting effort until the Fall when the plants are mostly dormant. We are hoping the Commission will look favorably on this new planting plan. We would, of course, monitor the success of the planting effort at regular intervals. If you have any questions, please feel free to contact me at 978-346-9857. Sincerely, Wetland Consulting Services, Robert Prokop Wetland Scientist/Wildlife Biologist Restoration Plan 440 Great Pond Road North Andover, MA Page 3 it _ - >0111.3101.1-- (-)1:1J - • 11, i _ • I •111 I 111_ _ \ Figure 1. Preliminary buffer zone planting plan presented in January 2018. a 4 July 5,2018 Restoration Plan 440 Great Pond Road North Andover, MA Page 4 • ............ ...t. = -)! E.A. viv-1 n r July 5,2018 " 1 ) ot.4t ,ttr. - 't A Itt ---- t N itl. ^-;" _. _. -•-•:r., Q , '—',%,. i.t N G L-7- I:1 if -e. ...s. la r4 1 Loi I 1 t ..... g 7 1 b g 2 _ All I.. - E n --- I 4 R. g In, _ __, 1, e ,-- LI_ 5 0 . ..-1 _ fa a. Da i m a_ ..2. o 7 4 e , „If u_ z 'II"' • ,..., g paS gg 1,,g1 • MA Date: 07 Restoration Plan 440 Great Pond Road North Andover, MA Page 5 July 5,2018 Photo A. Slash left within the wetland area but the river birch trees have been left undisturbed. Photo provided by B. Prokop 12/6/17. Photo B. Re -vegetating cut area still showing some remaining slash. Photo provided by B. Prokop 06/22/18. Restoration Plan 440 Great Pond Road North Andover, MA Page 6 July 5,2018 Photo C. Cut woody vegtation left as slash but the river birch trees have been left undisturbed. Photo provided by B. Prokop 12/6/17. Photo D. Cu areas re -sprouting. Photo provided by B. Prokop 06/22/18. Restoration Plan 440 Great Pond Road North Andover, MA Page 7 July 5,2018 Photo E. Cut areas re -sprouting along with the herb layer. Photo by B. Prokop 06/22/18. Photo F. Old shed that was later removed as part of the mitigation effort. Photo provided by B. Prokop 12/6/17. Restoration Plan 440 Great Pond Road North Andover, MA Page 8 July 5,2018 Photo G. Disturbed area that remained after sheds were removed. Photo provided by B. Prokop 06/22/18. Photo H. Area disturbed to access sheds that were removed. Photo provided by B. Prokop 06/22/18. CONSERVATION DEPARTMENT Community & Economic Development Division July 18, 2018 Mano Realty Trust 2 Woolsack Drive Westford, MA 01886 Hancock Landscaping 77 Essex Street Anodover, MA 01810 RE: ENFORCEMENT ORDER: Violation of Order 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 440 Great Pond Road, North Andover, MA. Dear Trustees and Ralph Hancock, At the July 11, 2018 meeting, the North Andover Conservation Commission approved a restoration plan to revegetate the 100-foot buffer zone following unpermitted clearing of the understory in the area. The restoration plan (dated July 5, 2018) shall be implemented no later than October 15, 2018. Once installed, plantings shall be monitored spring and fall for one year with monitoring reports and photos to be submitted no later than June 1 and November 1 of the following year. Additional monitoring may be required if the area is not fully re-established after one year. Monitoring shall include the cut river birch which was below the high water line of Lake Cochichewick at the time of this letter. If substantial re -growth of the cut area is not observed additional planting and/or monitoring may be required. Invasive species shall be removed during the monitoring period. The 100-foot Buffer Zone shall be permanently monumented with pressure treated posts and wetland markers as shown on the herein referenced Restoration Plan. A 10-foot wide path to lake is allowed to remain. 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CO NSERVATION DEPARTMENT ltJ�- -L / v `t0 fifer Hugh onservation Administrator CC: Jean Enright, Planning Director Monica Gregoire, Staff Planner Mass DEP, Northeast Regional Office Enc. Enforcement Order 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com , 541 its 1