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Home My WebLink About- Miscellaneous - 81 BONNY LANE 10/29/2020 S CONSERVATION DEPARTMENT (ommunity&Economic Development Division October 29,2020 Mumi Phan&Anl-i Duong 81 Bonny Lane North Andover, MA 01845 RE: AMENDED ENFORCEMENT ORDER: VIOLATION of the Massachusetts Wetland Protection Act (WPA) (M.G.L. C.131 §40) &North Andover Wetland Protection Bylaw (C.178 of the Code of North Andover) at 81 Bonny Lane Dear Ms. Phan &Mr. Duong, As you are aware, at its October 28, 2020 ineeting the Conservation Con-linission received information and reports of site observations made by Town staff as well as your wetland consultant Julie Vondrak. Unauthorized work included excavation and installation of a retaining wall footing, clearing of understory vegetation to create turf lawn, and regrading/ground preparation for construction of a patio. These activities took place within 100 feet of Bordering Vegetated Wetlands (BVW),Bank and associated Watershed Protection District Non-Disturbance Buffer Zone to Lake Cochichewick. After due discussion and consideration, the Commission unanimously voted to issue the ,amended Enforcement Order, which instructs you to carry out the following additional corrective actions to stabilize the site and avoid sedimentation of exposed soil into the adjacent wetland,which shall be supervised by your wetland consultant,no later than Wednesday November 18,2020: Immediately bolster existing erosion controls by installing additional 12" mulch sock (Filtrexx SiltSoxx or equivalent) to be staked on the upland side of the existing straw wattles and silt fence; )o Remove imported materials from the site (pallets of paver stones, any imported soils/aggregate...etc). Aside from pallets of stone, removal of these materials shall be accomplished manually to the greatest extent possible; Stabilize all areas of exposed soil with either bio-degradable erosion control blanket or a sufficiently thick layer of straw or salt marsh hay (but not ordinary hay as these products may contain invasive species); Monument the limit of the 25-Foot No Disturb Zone with weather resistant posts hearing signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This,will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Said markers are available for purchase in the Conservation Department($2 round; $3 square); Contact the Conservation Department upon completion of these tasks to schedule a site inspection to verify compliance; Within 90 days of the date of this letter, the homeowner shall investigate whether the proposed activities/structures are permissible under the rules and regulations of the Watershed Protection Overlay District as administered by the Planning Board, and whether any of the proposed structures require ZBA variances or waivers. Please keep in mind that the Commission does not intend to entertain or grant any waiver requests from the wetland 25-Foot No Disturbance Zone or 50- Foot No Build Zone for activities proposed on this site on the banks of the Lake. Please be advised that the Conservation Commission has the discretion to take additional enforcement action for this violation and/or non-compliance with this enforcement order, including assessing fines pursuant to North Andover Wetlands Protection Bylaw, Chapter 190 Section 10. We appreciate your immediate time and attention to the directives above and should you have any questions or need additional information please do not hesitate to contact me by email at amaxner@northandovertna.gov. Sincerely, NO H ANDOVER CONSERVATION DEPARTMENT &1atr Amy R. 1 xner C'or-io ser ation Administr Enclosure cc:Jean Enright, Planning Director Paul Hutchins, Building Inspector/Zoning Enforcement Officer Julie Vondrak DEP, NERO -Wetlands Division File Mind Phan&Anh Doung AMENDED EFROCEMENT ORDER IlleflandlWatershed Violations of 81 Bonny Lane October 29, 2020 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order n/a ILI Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on,the North Andover October 28, 2020 onl the tab computer, use Conservation Commission(Issuing Authority) '5ate y key to move To: your cursor- do not use the Mumi Phan &Anh Du:qp_g return key. Name of Violator 81 Bonny Lane, North Andover MA 01845 Address 1 Location of Violation: Property Owner(if different) 81 Bonny Lane ............ Street Address North Andover 01845 CityfTown Zip,Code Map 62 Lot 54 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Excavation and installation of a retaining wall footing, clearing of understory vegetation to create turf lawn, and regrading/ground! preparation for construction of a patio. These activities took place within 100 feet of Bordering Vegetated Wetlands (BVW), Bank and associated Watershed Protection District Non- Disturbance Buffer Zone to Lake Cochichewick. 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.511812020 Page I of 4 ILIMassachusetts Department of Environmental Protection D,EP File Number: Bureau of Resource Protection - Wetlands WP,A Form 9 — Enforcement Order n/a i 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 IVIGL 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 Date for the following: The,restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc-rev.511812020 Page 2 of 4 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 — Enforcement Order wnra Massachusetts Wetlands Protection Act M.G,L, c, 131, §40 C. Order (cont.) 171 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: Immediately bolster existing erosion controls, remove all imported materials, stabilize all exposed soils, install 26' NDZ monuments not later than November 18, 2020. See October 29, 2020 cover letter attached hereto for further detailed directives. Failure to comply with this Order may constitute ground's 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 978-688-91530 Phone Number M, W, Th 8:010 a.m. -4:30 p.m.; T 8:00,a.m. -6;00 p,.m.; F 8:00 a.m.-12:00 p.m. Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission signatures required on following page. vTaform9a.doc-rev.511812020 Page 3 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 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. "Signed by Amy R. Maxner, Conservation Administrator as authorized by the NACC- See N.E.R.D. Book: 16327 Page: 22 A Signatures: 4t(41/ 1-7 Amy R. Maxner, Conservation Administrator Signature Printed Name Signature Printed Name Albert Manzi, Jr. Signature Printed Name Sean McDonough ............. Signature Printed Name John Mabon Signature Printed Name Joseph Lynch Signature Printed Name Signature Printed Name Signature Printed Name 1A to OCO —X-" Signature of delivery person or certified mail number wpaform9a.doc•rev.6/18/2020 Page 4 of 4