HomeMy WebLinkAbout- Correspondence - 1470 FOREST STREET EXT 3/4/2020 CONSERVATION DEPARTMENT
Corrununity & Economic Development Division
March 4, 2020 By Certified Mail & 15t Class Mail
Mary &Philip Picariello
1470 Forest Street Ext.
North Andover, MA 01845
RE: ENFORCEMENT ORDER - 1470 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of the Massachusetts Wetland Protection Act ('WPA) (M.G.L. C.1,31 40
and North Andover Wetland Protection Bylaw (North Andover General Bylaw
Chapter 190) at 1470 Forest Street Extension
Dear M1:. &Mrs. Picariello,
Decently, it has come to the Conservation Department's attention that your property
located at 1470 Forest Street Extension may contain wetland violations. The North
Andover Conservation Commission ("NACC") is responsible for administering the
Massachusetts Wetlands Protection Act MCL Chapter 181 Section 40 and Regulations
(State Act) and the North Andover Wetlands Protection Bylaw Chapter 190 and
Regulations (Bylaw), which regulate activities within and/or alterations to wetland
resources and their associated buffer .zones. Under the Bylaw,wetlands and their
associated buffer zones receive greater protection than that afforded under the State
Act. These protections include a 25-Foot No Disturb Zone and a 50�-Foot No Build
Zone. Based on the Department's files, no previous wetland permits have been issued
for this property.
1 have reviewed the property records, which establish that the lot located at 1470 Forest
Street Extension is an 8.6 acre parcel of land abutting Boxford State Forest in the
southeastern corner of North Andover. The North Andover Assessor's records show
that the Picariello fancily has held title to the property since at least 1976 (last
sale/property transfer on file with the Assessors' Office is from Mary Picariello to
Philip & Mary Picariello on January 1, 1.976).
Review and research of GIS and other mapping materials, reveal that, at a minimum,
Bordering Vegetated Wetlands (BVW) are present on the property.
Based on historic aerial photos dating from 1971 through 2017 (see attached), it is
evident that work and alterations of the 100-Foot Buffer Zone and BVW have occurred
on the property. The property,which is located in a residential R1 zoning district
contains a single-family house, out buildings, and large storage containers. It appears
that the property is utilized as a contractor's yard for storage of various construction
vehicles, equipment, materials, and other discarded debris. It also appears that a
pond/open-water feature was created in or adjacent to BVW sometime between 1978
and 1995 (historical aerial photographs are not available between those years to
accurately date this water feature),
On February 11, 2020, staff from the Conservation Department and the Building
Department conducted a site inspection at the subject property. No one answered the
door when staff knocked on the door (at least a couple of times). Staff then performed a
limited reconnaissance of the area north of the house and took photographs (see
attached). Based on the information gathered from on-site observations, it is clear that
direct wetland and buffer zone impacts and alterations have occurred on site without
prior approval by the NACC. These impacts/alterations constitute violations of the
State Act and the Bylaw.
You are hereby directed to take the following actions to begin to address these
violations and achieve compliance with the State Act and Bylaw:
1. Cease and desist from further activity within the wetland resource areas and
the associated 100-f oot buffer zone resource areas;
2. A qualified wetland scientist, on you behalf, must:
a. Perform a comprehensive evaluation/delineation of the entire site to
determine the extent and nature of wetland resources (wetlands and
buffer zones) that exist on site;
b. Perform a comprehensive evaluation that characterizes and quantifies
direct impacts/alterations resulting from site activities that have
occurred within the wetland resources and buffer zone, including those
related to the creation of the pond feature;
c. Prepare a written report that catalogues the wetland consultant's
findings per 2.a. and 2.b. above;
Ma?y&Philip Picariello
RE:ENFORC13MENTORDER—7470 FOREST STREET EXT, CEASE AND DESIST
VIOLATION of the Massachusetts Wetland Protection Act(WPA)(M.G.L.C.131§40)and North Andover Wetland Protection Bylaw(North
Andover General Bylaw Chapter 190)at 1470 Forest Street Extension
March 4,2020
Page 2 of 10
d. Prepare a site plan that depicts the wetland resources and buffer zones,
and the areas of impacts to these resource areas;
e. Prepare a wetland and buffer zone restoration plan that outlines steps to
return the wetland resources, and 25" No Disturb Zone to their original
naturalized condition, and addresses structures within the 50' No Build
Zone and any impaired/degraded conditions within the 100-1~oot Buffer
Zone.
On March 25,2020 the NACC will hold a regular meeting that begins at 7:00 p.m., at
Town Hall 120 Main Street, in the Board of Selectmen Meeting Room. Please attend
the meeting accompanied by your wetland consultant, to provide a report on your
progress on addressing the above listed directives and discuss this matter further
with the NACC. You can anticipate receiving additional direction from the NACC at
the meeting, including deadlines for restoration plan delivery and execution of same.
Please be advised that the NACC has the authority and reserves the discretion to
undertake additional enforcement action including the levying of fines per the Town of
North Andover Wetlands Protection Bylaw Chapter 190.10.
You or your wetland consultant should contact me in the Conservation Department at
#978-688-9530 or by email at amaxner@o nrthander ovni, �
.........------------------------------------------------........... prior to the meeting.
Your immediate time and attention to this enforcement order is expected.
Sincerely,
NOR ANDOV CONSERVATION DEPARTMENT
Amy R. Ma ner
on C I servati n Administrator
Enclosures
cc: Paul Hutchins, Building Inspector
Andrew Shapiro, Community & Economic Development Director
Suzanne Egan, Town Counsel
Mass. DEP, NERD Wetlands Division
File
Mai-y&Philip Picaplello
RE.ENFORCEMENT ORDER-1470 FOREST STREETEXT CEASE AND DESIST
VIOLA71ON of the Massachusetts Weiland P),ofection Act(MIA)(M.GL C.737§40)and North Andouet-Wetland Protection Bylaw(North
Andover Geneml Bylaw Chapter-190)at 1470 Forest Street E.Wension
Mai-ch 4,2020
Page 3 of 10
February 11,2020 Site Inspection Photos (As labeled below)
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Mary&Philip Picariella
RE:ENFORCEMENT ORDER--1470 FOREST STREET EXT. CEASE AND DESIST
VIOLA77ON of the Massachusetts Wetland Protection Act(WPA)(M.G.L.C.131§40)and North Andover Welland Protection Bylaw(Norlii
Andover General Bylaw Chapter 190)at 1470 Forest Street Extension
March 4,2020
Page 4 of 10
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Mary&Philip Picarielto
RE:ENFORCEMENT ORDER—1470 FOREST STREET EX'T'. CEASE AND DESIST
VIOLATION of[lie Massaclaaasells Kletlaaad Protection Act(WPA)(M.G.L,C.131§40)ariel Nortla Andover Wetland Protection Bylaw(North
Andaroer-General Bylaw Chapter 190)at 1470 Forest Street Extension
Marcia 4,2020
Page 5 of T 0
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Mary&Philip Picariello
RE:ENFORCEMENT ORDER-14.70 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of the Massaclrrrselts Wetland Protection.Act(WPA)(M.G,L.C.131§40)and North AndoverWetland Protection Bylaw(Norill
Andover General Bylaw Chapter 190)at 1470 Forest Street Extension
March 4,2020
Page 6 of 10
1470 Forest Ext, Historic Aerials
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2017 202
Mary&Philip Picaariello
RE:ENFORCEMENT ORDER—1470 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of the Massachusetts Wetland Protection Act(WPA)(M.G.L.C.131§40)and North Andover Weiland Protection Bylaw(North Andover General Bylaw Chapter 190)of 1470 Forest
Street Extension
March 4,2020
Page 7 of 10
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2008 2004
Mary&Philip Picariello
RE.:ENFORCEMENT ORDER—1470 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of tlw Massachusetts Wetland Protection Act(GVPA)(M.G.L.C.131§40)and North Andover Wetland Protection Bylaw(North Andover General Bylaw Chapter 2S0)at T470 Forest
Street Extension
March 4,2020
Page 3 of 10
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2001 1995
Many&Philip Ficariello
RE:ENFORCEMENT ORDER—1470 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of the Massachusetts Wetland Protection Act(Vv?A)(M.G.L.C.131 5 40)and North Andover Wetland Protection Bylaw(North Andover General Bylaw Chapter 790)at 1470 Forest
Street Extension
March 4,2020
Page 9 of 10
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1978 1971
Mary&Philip Picarielto
RE.,ENFORCEMENT ORDER—1470 FOREST STREET EXT. CEASE AND DESIST
VIOLATION of the Massachusetts Wetland Protection Act(VVPA)(M.G.T.C.131§40)and North Andover Wetland Protection Bylaw(North
Andover General Bylaw Chapter 790)at 7470 Forest Street Extension
March 4,2020
Page 10 of 10
L11Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Oirder n/a
Massachusetts Wetlands Protection Act M.Gi.L. c. 131, §40
.................. ..........................
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover March 4, 2020
computer, use Conservation Commission(lssumng Authority) Date
only the tab
key to move To:
your cursor-
do not use the Mary & Philip Picariello
return key. Name of ViOator
1470 Forest Street Extension, North Andover, MA 01845
— --.............----........ ....................
Address
I Location of Violation:
Property Owner(if different)
1470 Forest Street Extension
Street Address
North Andover 01845
City/Town Zip Code
Npk�05.B Lot 3 .......
Assessors MaplPlat Number Parcel/Lot Number
2. Extent and' Type of Activity (if more space is required, please attach, a separate sheet):
Alteration of bordering vegetated wetland and associated 1 00-foot buffer zone through the operation
of a contractor's yard and associated activities involving storage of construction vehicles, equipment,
large storage containers, stockpiling of construction materials, and various discarded debris.
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).
vipaform9a.doc-rev.7114104 Page 1 of 4
LllMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - "Wetlands
WPA Form; 9 — Enforcement Order n/a
� Massachusetts Wetlands Protection Act MI.G.L. c. 131, §40
........... ..................
B. Findings (cont.)
El 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 (il.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
.Fife Number Condition number(s)
F] The Order of Conditions expired on (date): Date
n The activity violates provisions of the Certificate of Compliance.
F] 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.
El Other(specify):
................ .......... ...............
C. Order
The issuing authority hereby orders the following (check all that apply):
The property owner, his agents, permilttees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
F] 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 Date
for the following:
**See attached cover letter dated March 4, 2020 detailing required corrective actions,
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
mipaform9a,doc-rev.7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order n/a
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.
Z The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
**See attached cover letter dated March 4, 2,020 detailing required corrective actions.
..................
.............
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:
Amy R. Maxner
Name
978-688-9530
Phone Number
M, W, Th &00 am -4:30 pm; T 8:00 am -6:00 pm; F 800 am - 12:00 prn
Hours/Days Available
Issued by:
North Andover
-—_--—----------
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc-rev.7/14104 Page 3 of 4
Massachusetts Department of Environmental Protection DEP File Number:
ILIBureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order n/a
Massachusetts Wetlands Protection, Act M.G.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
Comimission.
Signature
........... ..........
Signature of delivery person or oerk6fied mail number
wpaform9a.doc W rev.7114104 Page 4 of 4