HomeMy WebLinkAbout- Permits #NACC #256 - 490 WINTER STREET 8/12/2020 CONSERVATION DEPARTMENT
490 Winter r Street
North Andover, MA 0 18 4 5
E Small, Project Permi't DENIAL
Violat"on of the Massacl, usetts,Wetland Protection-Act (M.G.L.
ENFORCEMENT ORDER. 1 .1
C. 31 § and the North Azrd r ' d r ti"on Bylaw (C. 9 tire, Goes of North
Andover) 490 WinterStreet,, North. Andover,
Dear"Mrs. ai.nows' ,
w
As your are aware,, t its Mugu 2, 2 2 meeting, the Con r v tr r Co,nin rssr n + u r r� an discussed your
rr S al 1 r� ect.p'er�r it application th ft er-the-fay construction of alandscape water featureffish
pond, associated stonework an radi within the l � ®Foot Buffer Zone to, Bordering, Vegetated Wetland. The
Commission. also received report as,to my site Inspection findings and assessment of'work that has beery.
undertaken. The Commission's r l ors mall r lecPermit Tanya l "2 19 allowed r the
demolition.stye filling in, f an.in.-ground,pool and, loaming and, seeding f the disturbed, area. The workyou
have undertaken related to the water feature,and potentiallyportion of he proposed patio hat you.rr gat 'is
outside the 1,00-Foot Buffer Zone) is in violation of the conditions the previous Baal Project Permit.
According to C. 190.2 the North Andover Wetland Protection Bylaw, "No person shall engage in the
following activities: r enioval filling,, dredging, discharging,ring,into, building upon or otherwise aIt ring or
grading the wetland resource rove s..,"' lnctud,mg any 1. -f � t buffer zone of a,BVW or 20 -f t 'buffer zone
of a Riverfront Area (see also 'Wetland Protection Act Regulations 3 10 CMR 1 .5 5) without written approved
from,the C,ommisswn,.,
,After u discussion and, cons dei,qation, the Commission voted unanimously to deny the Small ProJect and made
finding that, the, information ub.m tte was insufficient to evaluate the project adequately.
The Corgi-imfission then.voted unanimously to 'Issue the enclose Enforcement Order that requires,r es,you carry ut the
corrective actions to cm ratcompliance with the Act and theBylaw:
Engage a wetland consultan,t to delineate the wetlandboundaries Oil slice and have a
surveyed plot plan i�epar 'that depicts the wetlands,,, I -Foot Buffer Zone and
associated Disturb and 1 Zones, 1n n1 �irs rall s1 .
120 Mahn Street,North,Andover,Mus,suchusetts 01845
Phone . , . ' 3 Fax .688. 2' Web w.n r h a riiia.
2, Once this sui-vey plan is available, the Conservation Administi-ator wil pi-ovide
guidance as to,whether the wot.*k should be foi-nially reviewed undei- a Request fo�l*
Detei-Inini"ation of Applicability oi,- a Notice of Ineat.
30, Upon the Adniin'llish-atot,"s guidance,said application shall be submitted (vvith aft e��r
equi -
I I
flak-fact fees) as rl-CO Dythe NACC Wetlands Regulations and Bylaw.
46 In the meantime, all woi-Ic shall cease until propej-ly pei-mitted.
Please be advised that the NACC has the authority to undertake additional enforcement action including,the
levying of fines per,the Town of North Andover Wetlands, Protection Bylaw Chapter 1901.1.0 �for these violations
or non-compliance with this enforcement order.
Your 1-inmediate time and attention,to thi's matter 'is ap, "reci ated and should you have any questions o
, p 5 �r need
additional information please do not hesitate to contact me at 978-688-91530 or by email at
ainaxnerZ,a northandovert-na.goy.,
Sincerely,,
NORTWANDOVER CONSERVATION DEPAIZTMENT
A my R. Max Y�-eri
Conservation Administrator
'7
Enclosure
cc:I DEP,NERD
File
Jack Dainowskli
RE-, Sin all Prqject Permit Denial&Enjbi-cement Order
A ugust 18, 2020
Page 2 of 2
120 Main Street,No,rth Andover,Mossa(husetfs 01845
Phone 978.1688.9530 Fax 978.688.9542 We www.northandoverma.g'ov
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of' Resource Protection - Wetlands
n/a
WPA Form 9 - Enforcement, Order
Massachusetts Wetlands Protection, Act, K.G.L. c. 131 §4O
A. Violation Information
Important:
When filling out 'This, Enforcement Order is issued by*
forms on the North,Anclover usit, 12, 2020
computer, use ............. -?�—Ug...,.....................--
only the tab Conservation comrnission(Issuing Authority) Date
key to move To:
'your cursor-
do not use the Jack.Dalnowski.1111111.
return,key. Name of Vi latior
490 Winter Street, North Andover, MA 01845,
............ ..........
Address
00 11. Location of Viblationi*
......................................
Property Owner if different)
490 Winter Street
Street Address
North Andover 011,845,
.................
Cityffown Zip Code
Map 104A Lot 76,
Assessors Map/l lat Number, parcel/Lot Number
2. Extent and Type of Activity if more space is required, please attach a separate,sheet),
Construciton of a landscaping tier feature/ornamental,fish, pond and a,ssociate stone, grading and
ploss,ibly a portion of a proposed patio within the 1 001-Foot Buffer Zone to Bordering Vegetated
Wetland,.
............
.........................
B. Findings
The Issuing Authority has determined that the activity described above is ina resourcle area and/or buffer
,zone and is in violation of the Wetlands Protection Act M.G.L. c., 131 §40)and its Regulations (3110
CMR 10.,00), because:
Z 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).
wpaforfn9a.doc rev.;511812020, Page 1 of 4
Massachusetts Department of' Enviimnmental 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
R. Findings (cont)
F] the activity has been is being conducted in an area subject to protection under c. 131 1 §40 or the
buffer zonle in violation lof'an isi,suing authority approval (Le, vallid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
in Number Condition nurn'ber(s)
[:1 The Order of Conditions expired on (date): Date
E] The activity violates provisions of the Certificate of Compliance.
The activity is outside the areas subject to,protection under M,G,L c.131 sA0 and the buffer zone,
but has altered an area subject to IVIGL c.131 sA0.
Ej 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 end desist
from any activity affecting, the Buffer Zone and/or resource areas.
El s rce area alteration res u Ifing f olm said activity sfiall be corrected and the resource areas Reous i r
returned to their original condition.
A restoration plan, shall be filed with, the issuing authority on or before Date
for the following*
The restoration shall be:completed in accordance with the conditions and timetable established by the
issuing authority.
,wpaform9a.doc rev,5,/181202,0 Page 2 of 4
Massachusetts Department, raw me Protection DEP File Number'-
Bureau of Resource Protection - Wetlands
WPA Form 9 1— Enforcement Order n1a
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont)
[j Complete the attached Notice of intent(NOI). The, NOI shall be f'iled wiffi the Issuing Authority on
or before*
Date
for the following
No further work shall be performed until a public hearing has been held and rug rder ofConditions
has been issued to regulate said work.
Z� The property owner shall, take the,following action (e.g-, erosion/sedimentation controlls) to
prevent further violations of the Act:
I., Engage a wetland consultant to dielineate the wetland boundaries on site,and have,a surveyed plot
pilan prepared that depicts the wetlands, 1 00-Foot Buffer Zone and associated No, Disturb and No
Build Zones, existing conditions,and all proposed work. 2. Once this survey plan is available, the
Conservation Administrator wil provide guidance as to whether the work should be formally reviewed
under a, Request for Determiniation of Applicability or a Not,ice of Intent., Upon the Admininstrator's
guidance, said' application shall be submitted with after-the-fact fees) as, required by the NACC
Wetlands Regq,lations and Bylaw., In the meantime, all work shall cease, until properly permitted.
Failure to comply with this, Order may constitute grounds for additional legal action. Massachusetts
"Whoever violates any provision of this section (a)
General, Laws Chapter 131, Section 140 provides:
-five thousand dollars or by imprisonment for not
shall be punished by a fine of not more than twenty
more than two years, or both, such fine and imprisonment; or i(b) shall be subject to a civil penalty not
to exceed twenty-fivethousand 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
�Environmenta,l Protection,, but may be filedin Superior Court.
I
Questions regarding this Enforcement Order should be directed to-
Amy R. Maxner
Name
978-�688-9530
Plione Number
6,100 p.m,.- F 8:00 a.m.-12;0p
Hours,/Days Available
Issued by:
North Andover
,Conservation Commission
Conservation Commission signatures required on foillowing page.
wpaformgadoc rev.5/1812,0201 Page 3 of 4
Massachusetts Department ofEnvironmental Protection
DEP File Number.
Bureau of' Resource Protection - Wetlands
n/a
WPA Form, 9 — Enforcement Order ......I........I.....................................
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
.....................................................
D. Appea ls/Signatures, (cont.)
In a,situation regarding immediate action, an Enforcement Order maybe signed' by a single membeir or,
agent of th,e Commission and ratified by majoirity of the members at the next scheduled meeting of the
Commission.
**Signed by Amy R. Hamer, Conservation Administrator as authorized by the NA,CC -See, N.E.R.D.
Book* 163,27ei"age: 22
Signature&,
Amy R. Maxner Conservation Administrator
Signature Printed Name
41
Louis air _
................ ........................I........ .................-......................
Signature Printed Name
Albert Ma........n......"zI...i Jar.
..... "--...........................................................,""'"'",...........................................
Signature Printed Name
Deborah Feltovic
Signature Printed Name
John Mabon
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature of delivery person or certified maill number,
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