Loading...
HomeMy WebLinkAboutMiscellaneous - 125 Hay Meadow Road 1 �-- � I Town of North Andover O� AORT" � OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° : p 27 Charles Street WII.LIAM J.SCOTT North Andover, Massachusetts 01845 �9ssAc►+us���h Director (978)688-9531 Fax(978)688-9542 December 4, 1998 To the Residents of: 125 Hay Meadow Road North Andover, MA 01845 VIA CERTIFIED MAIL RE. VIOLATION of the Massachusetts Wetland Protection Act(M.G.L. C. 131 S. 40) And The North Andover Wetland Bylaw (C. 178 of the Code of North Andover). To Whom It May Concern: On November 30, 1998, staff from this department visually observed an "alteration" that took place on the lot across the street from the above referenced property. The term "alteration" includes, but is not limited to, the placement of fill, excavation, or regrading (Section H. (b) of the North Andover Wetland Regulations). The subject violation consists of yard waste (grass clippings specifically) that is being directly deposited in a Bordering Vegetated Wetland (BVW). This "fill" is being inappropriately deposited and needs to be removed. Wetlands and their Buffer Zones are not a desirable location to deposit material. Any work that is proposed within 100' of a BVW is subject to a Request for Determination of Applicability (RDA) or Notice of Intent(NOI) filing with the North Andover Conservation Commission (NACC)(Sections III and IV of the North Andover Regulations). Please be aware that you are in violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw, and NO FURTHER WORK IS TO BE PERFORMED without the proper filings. Please adhere to a deadline of Monday, December 21,1998 for removal of this waste. Failure to comply with the above mentioned deadline will require your attendance at a public meeting before the NACC. Dumping is a violation that is potentially subject to a $300/day fine (Section 178.10(A) of the Town of North Andover's Wetlands Protection Bylaw). Please refer to the.attached Enforcement Order. Should you have any comments, questions, or concerns, feel free to contact me at(978)688-9530. Thanking you in advance for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sincerely, Richelle Martin Conservation Associate Cc: NACC members Dep-Nero Michael D. Howard, Conservation Administrator NAPD File jwassacnuseas ueparvnenr or tnvimmemai i-mwczron DEP File Numoer Liz), Bureau of Resource Protection— Wetlands WPA Form 9A - Enforcement. Order forDEP use only Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and. North Andover. Wetland Protection Bylaw. ' Violation Information This=Enforcement Order is issued by: Extent andry e of activity: Mte+k A2dDVCA- A 0L,#-aZhLd Coma"n Commission(Issuing Authority) To: / 1� Name of Violator Location of Violation: las -Ha 'd RreqAft- 1v Gry/Town ry1 MSMM Map/pw Parcel/caf Date of Issuance: I q�1 Dare Findings The Issuing Authority has determined that the activity ❑ Other(specify): described above is in violation of the Wetlands Protection Act (M.G.L.c.131,§40)and its regulations(310 CMR 10.00), because: 0 the activity has beeNis being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) Massachusetts Department.of Eavirannaental Protection Bureau of Resource Protection=Wetlands A.Form 9A - Enforcement Order and North Andover Wetland Massachusetts Wetlands Protection Act-M.S.L. C. 131, §40 Protection Bylaw. Order The Issuing Authority hereby orders the following(check all The property owner shall take the following action to that apply): prevent further violations of the Act: A The property owner,his agents,permittees,and all � � others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource 44 �] areas on this property. AI Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and regulations shall be filed with the Issuing Authority on or before (date). No further work shall be performed until a public hearing Failure to comply with this Order may constitute grounds has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws to regulate said work. Chapter 131,Section 40 provides:"Whoever violates any provisions of this section 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. Each day or portion thereof of continuing violation shall constitute a separate offense." 13 Appeals/Signatures An Enforcement Order issued by a conservation commission cannot be appealed to the Department of Environmental Signatures- Protection,but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to• i ehe_l lir- W oLk-hr- Name 0 \ 1 $ ) 083153 © 30 re Number NoursiDaysAailable Issued by N001, �f\ Cornervation Commission In a situation requiring-immediate action,an Enforcement Order may be signed by a single member or agent of the Sigr=reofde/iveypersoncrcertifiedmailrarmber commission and ratified by a majority of the members at the next scheduled meeting of the commission.