HomeMy WebLinkAbout1984-08-17 Enforcement Order DEF SUB 242-449 310 CMFI 10,99
Form 9 ' DEQE file 140 242_ 449
(robe provided by€7EQE1
city town NORTH ANDOVER, RA
7 Commonwealth
=i J-�W of Massachusetts Applicant Osgood
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Enforcement Order
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To Osgood Associates
Dale of Issuance August 30, 1989
Property lot/parcel number, address Dale Street Sever Line
Extent and type of activity:
The project was begun without addressing numerous conditions listed in the
Order of Conditions. The applicant has neglected to post the required
performance bond and has failed to contact this office as required.
The NORTH ANDOVER CONSERVATION COP91ISS ION has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131 , §40, and the negulalions promulgated pur-
suant thereto 310 CMR 10.00, because:
❑ Said activity has beenlis being conducted withoul a valid Order of Conditions.
E Said activity has been/is being conducted in violation of an Or der of Conditions issued to —
Osgood Associates dated_ ,7anuar 20 1989
File number 242— 449, Condition number(s) 15, 16, _17, 18, 19, 20, 23, 34
❑ Other(specify)
The NORTH ANDOVER CONSERVATION C%%JISSION hereby orders the following:
EJ The property owner, his agents, permitlees and all others shall Immediately cease and desist from lurlher
activity affecting the wetland portion of this property.
❑ Welland alterations resulting from said activity shall be corrected and the site returned to Ns original con-
dition.
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OFFICES OF: or �°�' OwIl Of 120 A1o'!tt S11�c I
BUILDING RoOk P Nc>rll�Andover
; .� NORTH ANDOVEIi nt�tstisIchUS{'IIsc)1845
CONSERVATION r
HEALTH se0Fiuuc` DIVISION O1 1.�()f�?(it�2 li4t�:i
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN 14P. NELSON, DH tEC:I O t
ADDENDUM TO ENFORCEMENT ORDER
DALE ST. SEWER LINE #f242-449
OSGOOD ASSOCIATES
8/30/89
VIOLATIONS
1. The NACC was not notified prior to the start of construction
as required by conditions #15, 16, 17, 18.
2. No progress reports have been received as required in
condition #19.
3. No prior inspection and approval was obtained for erosion
control measures as required in condition 420.
4. Disturbed areas in and around resource areas have not been
restored with wetland soil or loam as required in condition #23.
5. A performance bond of $5000. 00 has not been posted as required
in condition #34.
REQUIRED ACTIONS
1. Post the required performance bond within 10 days of receipt
of this Enforcement Order.
2. Submit a detailed written description of the work completed at
the crossing within 10 days. This must include dates, times,
names of individuals present and a thorough description of all
work completed .for this stream crossing.
3. Submit a detailed written description/sequence of the work
remaining on this project within 10 days.
Note : The NACC may determine that a modification of the original
Order of Conditions is necessary to compensate for the lack of
communication and documentation on the part of the applicant.
This modification may include the requirement of additional
documentation and an As-Built plan prior to the issuance of a
Certificate of Compliance. This issue will be discussed at the
next NACC meeting on 9/6/89.
DALE STREET ASSOCIATES
P.O. BOX 536
NORTH ANDOVER, MASS. 01845
* HAND DELIVERED
North Andover Conservation Commission
120 Main Street
North Andover, Mass. 01845
RE: D.E.Q.E. File 242-449
Dear Members:
This is a response to the enforcement order regarding the above referenced
file number. The enforcement order listed three actions that have to be
taken to have the order lifted. The required actions and a response to
each is listed below.
1.) Post the required bond.
To this date the Conservation Commission has administered bonds
in an unfair manner. Once a bond is posted it is for all intents
and purposes lost money. The extortionary attitude that is taken
by making us jump through hoop after useless hoop is appalling.
For this reason we will not post a bond unless the commission
agrees to submit to an arbitration committee of three unbiased
individuals from the community to administer the release of
the bond. These three individuals must be appointed by the
Town Manager and approved by both the commission and ourselves.
The three members must include one engineer, one lawyer, and
one other citizen of the community with no ties to the development
community or any related business.
2.) Submit a written description of the work done,
Between 7/18/89 and 7/24/89 the initial clearing was done. This
consisted of cutting the trees and brush and stacking them along
side the work area.
Between 7/25/89 and 7/27/89 the job was stocked and set up.
On 7/27/89 the actual excavation began at Coventry Lane. Parker
and Metcalf dial this work under my supervision. An employee of
Osgood Development was on the job at all times to work erosion
control only. From this point forward Mr. Hmurciak made daily
inspections of the work,
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Page Two
The actual "tap" into the manhole at Coventry took three days
and the brook crossing was not made until 7/31/89. The procedure
used was exactly as was outlined to the Commission in a letter
dated May 16, 1988. The condition of the brook is now exactly
as it was before we started.
Work proceeded up the easement towards the pines until 8/4/89
when ledge was encountered in the trench at Station 8+50.
At this point we started at Station 6+50 and installed the sewer
up to Station 0+00.
Work then progressed again at Station 8+50 and continued to 8+00
and stopped there.
The areas between 6+50 and 0+00 and Station 8+00 and 14+50 have
all been haymulched and seeded per the order of conditions.
3.) Submit a detailed description of work remaining.
The work remaining consists of installation of the sewer line
between Stations 8+00 and 6+50 and between Station 0+00 and
the present sewer lift station. This work should take one week.
Once the sewer is installed it has to be tested and the area
foamed, regraded and seeded.
1 will be at your next meeting to discuss this matter.
Yours truly, f
Benjamin C. Osgood, Jr.
Agent for Dale Street Associates
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