HomeMy WebLinkAboutMiscellaneous - 139 Coachman's Lane '`
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NORTy
�9SSACHUSEt
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
134 Coachman's Lane, North Andover
At the May 9, 2012 public hearing,the North Andover Conservation Commission (NACC) voted to issue
a Negative Determination of Applicability for the construction of a 16'x 44' deck with associated stairs
within the buffer zone to Bordering Vegetated Wetland (BVW).The new deck is 50.7-feet from BVW at
its closest point. Planted arborvitae shall be removed from the 25-foot No-Disturb Zone (NDZ) and may
be transplanted outside the NDZ.A permanent barrier at the 25-foot NDZ is required.
Applicant: C. Stephen Cook
PO Box 357
Raynham Ctr.,MA 02768
Owner: Corinne Dockray
134 Coachman's Lane
North Andover,MA01845
Record Documents: Request for Determination of Applicability and Associated Maps and Plans
Submitted: September 10,2010
Amended:May 9,2012
Plan Titled:Wetland Delineation Plan
North Andover,Massachusetts
Date:April 17,2012
SPECIAL CONDITIONS:
®° Prior to the start of construction,the applicant shall provide the Conservation Department with a
detailed plan of the proposed permanent barrier (location and materials) to be placed at the 25-foot
No-Disturb Zone,up-gradient of the existing wetland line.The proposed permanent barrier shall be
approved by the Conservation Department prior to installation.
Wetland markers shall be spaced evenly every 25-feet on the permanent barrier. Markers shall
incorporate the following text: "Protected Wetland Resource Area" and the associated rules (3 round
for every 1 square). This will designate the sensitivity of the area and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers
and all persons taking over the property from the applicant. These markers shall remain posted and be
1600 Osgood Street,Building 20,Suite 2-36,North Andover,1&ssachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.tmnofnorthandover.com/Pages/NAndoverNiA Conservation/index
replaced as necessary in perpetuity. Markers axe available from the Conservation Department ($2
round/$3 square).
During Construction
Excess material and construction debris shall be properly disposed of off site and stockpiled material
shall be stored within the erosion controls.
Post Construction
Immediately following completion of the work, any disturbed areas shall be permanently stabilized
against erosion(loam and seed or other stabilization as approved by Conservation Department).
Upon completion of all tequitements, the Conservation Department shall be contacted to conduct a
final site inspection.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http:/I\vwwtownofnorthandover.com/Pages/NAndovee4A_Conservation/index
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 ® Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Corinne Dockray
return key. Name Name .
134 Coachman's Lane
Mailing Address Mailing Address
North Andover MA 01845
City/'Town State Zip Code City/Town State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Wetland Delineation Plan April 17, 2012
Title Date
Title Date
Title Date
2. Date Request Filed:
September 10,2010 refiled April 27, 2012
Bo Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Construction of deck with attached stairs within the Buffer Zone to Bordering Vegetated Wetland.
Removal of planted arborvitae and placement of a permanent barrier at the 25-foot No-Disturbance Zone.
Project Location:
134 Coachman's Lane North Andover
Street Address City/Town
Map 64 Parcel 66
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5
ILIMassachusetts Department of Environmental Protections
Bureau of Resource Protection -Wetlands
WPA Form 2 ® Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Be Determination (cont.)
The following Determinations) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑' 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5
I
L7] Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 ® Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
De Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department.Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability-rev.10/6/04 Page 3 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Fora 2 ® Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm) and the
property owner(if different from the applicant).
Signatures: v
ZVA'�_
Date
wpaform2.doc•Determination of Applicability•rev.1016/04 Page 4 of 5
ILAMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 ® Determinati®n of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm)to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc•Determination of Applicability•rev.10/6104 Page 5 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
r� Phone Number Fax Number(if applicable)
Project Location
remm
Mailing Address
CitylTown State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
CityTrown State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2
• Y
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Fora
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
hftp://www.mass.gov/dep/about/region/findyour.htm .
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form-rev.10/6/04 Page 2 of 2
TOWN OF NORTH ANDOVER. MASSACHUSETTS
OFFICE OF
CONSERVATION COMMISSION
f NORTH 9
3= 't'"a6 ,`x.4,0 TELEPHONE 683-7105
o
SSACHUSE
August 18, 1983
John J. GJillis, Esq.
Office of ToE;,n Counsel
160 Pleasant Street
North Andover, 1IA. 01845
Re : Enforcement Order, Ralph Dockray
134 Coachman Lane, North Andover
Dear Sir: X
r4-=
In view of the fact that two Enforcement Orders have been
sent to the above and correspondence or attendence at our meet-
ings has been 1�_cking and encroachr_Zent on the `;7etlands is contin-
uing, Jjould you start necessary legal action to obtain a tempor-
ary
restraining order and/or an injunction order to prevent fur-
ther violations. x
Yours truly,
Arthur Re&ca
i�ie.tiuer, NACC
Enclosure
TOWN OF NORTH ANDOVER. MASSACHUSETTS
OFFICE OF
CONSERVATION COMMISSION
NORTH
0 TELEPHONE 683-7105
O
r
qq coe. .�
SACfHU5*'
august 4, 1983
Hr. & Mrs. Ralph D. Doc':ray
134 Coachman Lane
North Andover, !°iA 01845
Dear .v%r. & 14,rs . Dockray:
Ericlosed is a copy of an Enforcement Order that was
delivered to you on July 15, 1983. The Conservation
Cor,<<rission N:,ould like you to attend our next scheduled
:ieeting of August 17, 1983 at 8 :00 p.-, to discuss t'.-is
,�iatter.
Yours truly,
Anthony �alvagna
Chairman, NACC
AG
sent certified ma-i&-on Augus��4J,_?1883
TOWN OF= NORTH ANDOVER: M745S'AGHUS1. T5 .. .,
ornc[ of`
� �SSfON
CONSER.YATION rPo IDEOEFaeNo. .
N°RTM "*+ (Tobe provided by DEOE)
0.4t�GC i•�1M0 `+'tiT�'$g `}}t;. d'<sr'.
Commonwealth 3 °s cttytTown � 63H-i Andover
Comm o y 'A a�if �# .!low .
of Massachusetts npvrt
- . ,,..,J r _�f' O _ • .-.4+ a "y. 15.3.t. .i.l ". 0`1', '-.amu. .xr 1..,.
,SSACMUSE
Enforce en Order
Massachusetts Wetlands Protection-Act; G.L. c.131.Sec.40
and under the Town- of North Andover ByLaw,. Chapter 3 ion 3.5 A.-& B
From NORTH ANDOVER C014SERVATION CUMISSION ssuing Authority
" T. •' t• - .. �.. ...'.
TO _sir• & ilr$. L�a1pla D`. DoC,-ray
Date of Issuance
`;Tiny
l..
.,x 7tj5.a. e'134CO ch �,a,'r•. a5�ne*a?T�• 6f�f4r)e*
Property lot/parcel number,address e
vl�+5
r etd r:t{Jsad, �y.k`' 10— - 3 73 T" c.- l/
Extent and type otactivity. ,.,,
-
ii li in~ wetlands ,ai_-hin a wate-rshedarea
•�
The North Andover- Conservation Co3r:1.. has determined that the activity described
above is in violation of-the Wetlands Protection Act.,G.L c..131',:§40,and the Regulations promulgated pur-
suant thereto 310ICMR 10.00-,because:- ---
O Said activity has been/is being conducted without a valid Order of.Conditions.
O Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated_ -
File number ,Condition number(s)
O Other(specify) _. . .__._ .. _..... ._._
' I
I
I
The T�a-rth �:ndove-r Conservation CO=iSS_['r+
tiereb orders the following:
Y 9
The property owner,his agents,permittees and all others shall immediately cease and desist from further
activity
affecting the wetland portion of thisproperty.
O Wetiand alterations resulting from said activity shall be corrected and the site returned to its original con- t
dition•
O Completed application forms and plans as required by the Act and Regulations-shall be filed with the
N.And over^Con. Com & DE JE on or before (date)„.
and 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.Application forms are available at: of.f ice, (see below)
O The property owner shall take.every reasonable step to pTevent.further violations of the act.
O Other(specify)
Please attend July 20,. 1983. meeting.at. ,8:00pm, Tot.,,n Building
:Meeting ,Roan.
t t
Failure to comply with this Order may constitute grounds for legal action.Massachusetts General Laws Chap-
. :. ... e.. .
ter 131.Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine.of not more
than one thousand dollars or by imprisonment for not more than six months of both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: N.Andover Cons. Cohn.
120 ,ain Street, North Andover, 1•11a. 01845 „ 7.
Issued by NO _ri `-NDOVrR COi�S VATION COmISSIO:I
Signature(s)
(Signature of delivery person
or certified mail number)
Delivered by the North Andover Police Department
TOWN OF NORTH ANDOVER, MASSACHUSETTS
o"ICE Olt
CONSERVATION COMMISSION
f NORTH,
c2°e,,,ad .f6tiOQ� TELEPHONE 683-7105
1 A
•°off �^A^#
ACHUS��
minutes of the North Andover Conservation Coiaission of tautust 31, 1983
Members Present: T. Galvagna WI. Vicens
R. Stulgi s F. alas
A. Resca
1. Lot 7 Brnetwood Circle - Vincent Ardizzone
A determination request will be submitted for the next meeting.
2 . Correspondence
I. Town Counsel letter - R. Dockray enforcement order
needs permission from the Selectmen to pursue this
matter further
Mr. Dockray will attend the Sept, 14 meeting.
2. Planning Board letter - Mill Road 242-191
they want any information we have
3. Dept. of Environmental management - wood cutting at
Harold Parker - posted on 1st floor .bulletin board
4. Planning Board memo - Forget Property
;ranted special permit on two lots
5. Kaminski & Assoc, letter - request for compliance
Lot 17 Duncan Drive 242-170
notion by W. Vicens to empower site visit team to issue
compliance on file 242-170, second F. Elias, motion carries .
6. Al Clifford Lot 57A Haymeadow - request for compliance '1�"-105
send letter saying- that the request has to be sena, from a
registered professional.
:Motion by F. Elias to e«power the site vi sit team to i ss,,_e
a coilpliance when the letter is received, second W. Vic-an-Sy
motion carries .
7. Kaminski & Assoc. - Lots 1,2,3 Dale Street
explaining the construction of the ditch located at Dale ::.t.
° ' TTT Vicens to pay postmaster $40 00 f ,^
�. Bills - r�lotion o� ;�. _ for
stamps, second F. Elias , motion carr_es .
Motion by W. Vicens to Day .Ellen Chagnon $165 . 95 for Frenc_.
Farm Village worT:, second F. Ei:ias , :-ilotion carries .
n
� Mutes of September 14, 1012-
Public Hearing: Lot B Osgood Street
cir. Letarte gave presentation.
I•iotion by Fl. Finl: to close the Public hearing to take
information under advisement to write Order of Conditions
in no more than 21 days, second n. Resca, moti9n carries.
Guy MacDonald attended meeting - concerned ,,moi the house
V.7ill be built in a wetland.
1-lark Crotty attended meeting - concerned about the brook
overflowing.
B. Cyr attended meeting - has no problem as long as the
NACC has control over construction.
7. Public Hearing: Lot 2 Bear Hill Road
J. Cushing gave presentation.
Eotion by W. Vicens to close the Public Hearing to take
information under advisement to write Order of Conditions,
second, motion carries.
Mr. Rand attended the meeting, concerned about flooding
on his property.
8. Ralph�iDockray - Enforcement Order
put on site visit
9. Domenic Scalise - request extension permit 242-122
i,Ir. Scalise submitted plan at the u7eeting.
eotion to empower site visit team to issue an extension
on file 242-122 for a period of 1 year from the site visit
date and'.add additional 6bnditions if necessary to the
extension, second F. Elias, motion carries.
10. B. Cyr - Pleasant Street
put on site visit
11. 14r. Morley - Microwave Research
Nr. Morley went over the meeting he had with the Selectmen.
A letter will be sent to us with a time table for the submittal
of a Notice of Intent.
12. B. Osgood .- French Farm Village
submitted revised plan at meeting
MASSACHUSETTS
TOWN OF NORTH ANDOVER.
L E ,
osrice or.
CONSERYATION COMMISSION, DEDEFneNo.
r40RT" (To be provided by DERE)
1
Commonwealth 3r City/Town 1n,-t :� A_ic�over
_ o
_ of Massachusetts ; s Applicant
��SSACNUSEt� /
1
Enforcement Order'
Massachusetts Wetlands Protection Act, G.L. c. 131 , §g0
and under the Town- of North Andover ByLaw, Chapter 3 Sec ion 3. 5 A & B
From
NORTH ANDOVER CONSERVATION COi-f-1ISSION VssuingAufhority '
r „ , ,_ D.
j}��oC,
_`IY, liC :i�: • L\Ci��'i_ iJ. L1 C4)T .
To
Date of Issuance JuIS' I5, 1983
Property lot/parcel number, address
I34 Ccac'L::�a:i La:ie ;
1�O! Lii -m iover, a'li, t:lli ;J
Extent and type of.activity: ,
-Nino ,:etl���cs ;,it'_7i_1 a WE-tcrs'i�d area.
1
The Tort±-1 Andover Conservation CO�l-'- has determined that the activity described
above is in violation of the Wetlands Protection Act., G.L. C. 131, §40, and the Regulations promulgated pur-
suant thereto 310ICMR 10.00,because: t
O Said activity has been/is being conducted without a valid Order of Conditions. ,
D Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number , Condition number(s)
O Other(specify)
1
t
The iNoith 1-Md-lover Conser-.ation Cofalse-rfiereby orders the following:
The property owner, his agents, pennitiees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
D Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the
P i:ndoyer Con. Con & DEDE on or before (date),
and 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. Application forms are available at: office (see below)
❑ The property owner shall take.every reasonable step to prevent further violations of the act.
❑ Other(specify) .
le_se attend JuljT 20,. 1933 �.acet.inb at 3 :O0p_I!, To,,,—,t ,DLilCinG
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131,Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine.of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: N.Andover Cons. Comu`n.
120 'Jain Street,
i, -orth nndover, iia. 01845
lssuedby N0. _:i `, `D0Vr•P CO, Vi�TI , COi �IISSIC�:.
Signature(s)
(Signature of delivery person
or certified mail number)
Die'_vered L) the Nortl:i q:��over 'Policen_purt,,:_� -Lt
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE OF
CONSERVATION COMMISSION
NORTH 9
0 iae
6.6�OpL TELEPHONE 683-7105
p
n o
o'ATI D-T
SSACNUS�
August 4, 1983
Mr. & Mrs. Ralph D. Dockray
134 Coachman Lane
North Andover, 14A 01845
Dear Mr. & Mrs. Dockray:
Enclosed is a copy of an Enforcement Order that was
delivered to you on July 15, 1983. The Conservation
Commission would like you to attend our next scheduled
meeting of August 17, 1983 at 8 :00 p.m, to discuss this
matter.
Yours truly,
Anthony 'alvagna
Chairman, NACC
AG:mm
Gf NORTH 1
KAREN H.P. NELSON Town Of 120 Main Street, 01845
Director (508) 682-6483
NORTH ANDOVER
BUILDINGa�°"°sEs CHU `
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
September 15, 1992
Mr. & Mrs. Ralph Dockray
134 Coachmans Lane
North Andover MA 01845
Dear Mr. & Mrs. Dockray:
Attached is a copy of a letter sent to you on July 14th 1992
regarding a wetland violation at 134 Coachmans Lane. As the
letter states, the Conservation Commission intends to re-inspect
this property. You have not responded to one previous letter and
I have been unable to reach you by phone. If you do not respond
to this letter within 7 days, the Commission will inspect your
property without your presence.
Please contact my office (682-6483) to discuss a time that
is mutually convenient for this inspection.
�Sincerely,
Richard P. Doucette
Conservation Administrator
Town of North Andover
CC Karen Nelson, Division Director
KAREN H.P.NELSON ; Town of 120 Main Street, 01845
Director
NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 14, 1992
Mr. & Mrs. Ralph Dockray
134 Coachmans Lane
North Andover MA 01845
Dear Mr. & Mrs. Dockray:
The North Andover Conservation Commission has become aware
of a violation of the Wetlands Protection Act that was originally
discovered at 134 Coachmans Lane in 1983 . An Enforcement Order
was issued in August and an inspection by the Conservation
Commission was performed in September of that year. According to
our files, it appears that this violation was never fully
addressed. There appear to have been other violations on
Coachmans Lane, past and present, and these other violations are
now being pursued as well.
ect the
The Conservation Commission would like to re-inspect
property at 134 Coachmans Lane. Please contact my office to
discuss a time that is mutually convenient for this inspection.
Thank you for your anticipated cooperation.
Sincerely,
Richard P. Doucette
Conservation Administrator
Town of North Andover
CC Karen Nelson, Division Director
P 290 095 933
--'RECEfPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
W
(See Reverse)
rSfft0 & Mrs. Ralph Dockray
N
Street and No.
134 Coachmans Lane
a P.O.,State and ZIP Code
uiNorth An over, MA 01845
Postage S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered l
cO Return Receipt s g��pp,�tNM;
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d
TOTAL Po s d F S
� 7 _
o Postmark a ap
Ip3
rn
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,ent!Kse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If r�drrn
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry. *U.S.G.P.o.1999-234-555
DALTON, BARON & LONDON
ATTORNEYS AT LAW
68 MAIN STREET
POST OFFICE BOX 608
ANDOVER, MASSACHUSETTS 01810 i ANEW HAMPSHIRE
CHARLES F. DALTON,JR. 1, ` �
ALLAN L. BARON (508) 470-1320 1 861LAFAYETTE ROAD
EDWARD H. LONDON FAX NO. (508)470-3346 %} - P.O. BOX 550
HAMPTON, N.H.03842
OF COUNSEL: (603)926-4521
VINCENT R. BROGNA
(SUPERIOR COURT RETIRED) September 22 , 1992 REPLY TO:
WILLIAM J. DALTON ANDOVER OFFICE
Mr. Richard Doucette
Conservation Administrator
Town of North Andover
120 Main Street
North Andover, MA 01845
RE: Mr. & Mrs. Ralph Dockray
134 Coachmans Lane
North Andover, MA 01845
Dear Mr. Doucette:
This office represents Mr. & Mrs. Dockray. Neither Mr. nor Mrs.
Dockray ever received your letter dated July 14 , 1992 , nor did they
ever receive any telephone calls from your office. Generally
speaking, there is always someone home at the Dockray household,
and any calls to the residence would be passed along to the proper
individual.
As far as Mr. Dockray can recall, this incident dates back to 1983 .
At which time, the members of the Conservation Committee inspected
the Dockray property and did not take any further action. My
clients also recall that there was a 1988 incident which did not go
beyond an initial inquiry. At that point, I believe they dealt
with an individual known as Irene Mackun. Neither of my clients
wish to violate any law or statute and for this reason would like
to meet with you at your earliest convenience. We would appreciate
your directing any further communication through my office in
Andover.
V ry my yours,
Ch les Da , Jr.
/bah
cc: Karen H.P. Nelson, Director Mr. & Mrs. Dockray
Planning & Community Development 134 Coachman's Lane
Town of North Andover North 'Andover, MA 01845
120 Main Street
North Andover, MA 01845
All attorneys admitted in Massachusetts
C. F. Dalton also admitted in New Hampshire W.J. Dalton also admitted in Maine A. L.Baron also admitted in Connecticut
Minutes of August 17, 1983
S. Public Hearin: Lot G Appleton Street 24:'-202
Lot H Appleton Street 242-203
Lot J Appleton Street 242-204
J. Cushing gave presentation.
Information requested by the Commission:
1 . lots staked
2. superimpose driveway and home construction
3, calculate land to be developed
!lotion by F. Elias to close the Public Hearing on Lot G
Appleton Street to take information under advisement to
write the Order of Conditions 21 days from receipt o.f
additional information requested, second W. Vicens , motion
carries .
Motion by F. Elias to close the Public Hearing on Lot H
Appleton Street to take information under advisement to
write the Order of Conditions 21 days from receipt of
additional information requested, second W. Vicens, motion
carries .
Mot-ion by F. Elias to close the Public Hearing on Lot J
Appleton Street to take information under advisement to
write the Order of Conditions 21 days from receipt of
additional information requested.,: second W. Vicens , motion
carries.
6 . Determination: Lot 31 Bear Hill
`t. J. Cushing gave presentation,
Motion by W. Vicens to issue a negative determination on
Lot 31 Bear Hill, second A. Resca, motion carries .
7. Determination: Lot 18 Bear Hill
J. Cushing gave presentation.
!Motion by W. Vicens to issue a negative deter-Laination or,
Lot 18 Bear Hill, second H. Fink, motion carries .
S. Enforcement Order - Coachman Lane
Motion to contact- Town_ Counsel._about legal action on Coachman
sane, second W. Vicens , motion carries .
9. Order of Conditions : Solid Waste, Clark Street 242-200
.4otbn by F. Elias to accept draft Order of Conditions and
issue it, second W. Vicens, :lotion carries .
10. Order of Conditions : Crossbow Lane 242-201
!Motion by .;.). Vicens to accept draft Order of Conditions on
file 242-201 and issue them, second F. Elias , motion carries .
D
NORTH D
Q� ZED ,,gtio OFFICE OF TOWN COUNSEL
160 PLEASANT STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
'1q DR4TED PPp ^'
SSACHU
JOHN J. WILLIS, SR. TELEPHONE 685-3551
Town Counsel
August 23, 1983
Anthony Galvagna, Chairman
Conservation Commission
Town Hall
North Andover , MA 01845
Re: Enforcement Order - Ralph Dockray
Dear Mr . Galvagna:
In order to keep closer control over cases pending and
being handled by Town Counsel , permission to engage me in a
legal eg action must first be obtained from the Selectmen and I,
as Town Counsel , have to be directed by said Selectmen to proceed.
With respect to the above request, to enforce an order of
the Commission, may I suggest that you contact the Selectmen.
Very truly your .%
John J. lis
Town Counsel
JJW:psw
134 Coachman' s Lane
North Andover, MA 01845
October 16, 1992
iir. Richard Doucette
Convservation Administrator
Town of North Andover
Meeting of property re-inspection: 134 Coachman' s Lane
Date / Time : October 15, 1992 / 2: 30p.m.
Attended: Richard Doucette, Conservation Administrator -
A fellow office assistant to Mr. Doucette -
A woman from the Conservation Commission-member -
Mr. and Mrs. Ralph Dockray -
Dear Mr. Doucette :
to
This isaacknowledge our 2:30p.m. meeting on October 15,
1992 on my property at 134 Coachman' s Lane. Your July 14,
1992 letter requested this re-inspection of my property
based on a possible violation of the Wetlands Protection
Act -back in 1983. In this letter you came to an incorrect
assumption that this possible violation was never fully
addressed back then but if you contact the Chairman of the
Conservation Commission at that time period or a Mr. Doyle
or a Miss Elias etc. who were conservation committee
board members at that time I am sure they will verify my
position as we discussed at our meeting. In fact this
was settled satisfactory by the conservation commission at
that time or I am sure they would have acted upon it more
timely.
Your recent offer to help me to file the necessary
forms to satisfy the commission requirements for a permit
to plant a backyard lawn is very much appreciated. However,
checking my schedule I will be unable to conveniently
meet with you in the near future as I want to be present when
you take soil probes to pin point exactly where the
wetlands begin. We both acknowledge there are wetlands
in this area as you pointed out and a few feet plus or
minus at this point is not disputed.
My wife and I have no plans for at least a year to do
anything to this backyard area. When we have developed
plans for our property I will take you up on your generous
offer of assistance. Until then if you have any further
questions please continue to direct them to my representative,
Attorney Charles Dalton.
Sincerely,
�L
Ralpq Dockray
cc : Atty Charles Dalton
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE of
CONSERVATION COMMISSION; DEOEFneNo.' "
14ORTH (To be provided by DEOE)
pE4t�.e . 1't'O t
Commonwealth
c� •` y OL city/Town i Jnrt-h kicioyer
of Massachusetts , y Applicant
SSS^CRUSES
- i
i
•: Enforcement Order" ,
Massachusetts Wetlands Protection Act, G.L. c. 131,
and under the Town- of North Andover ByLaw, Chapter 3 Section 3.5 A ' B
I
From NORTH ANDOVER CONSERVATION C07114ISSION UssuingAuthority
To
?.r." irs. - -_ D. Doc`ray
Date of lssuance July- 15j 1 9 3 3
Property lot/parcel number, address 134 Coach: ia i Li~..ze -
r•o-_'-C.1-, rriclover, it; 0104-)
Extent and type of.activity: ,
i
i
r it l in- iCetlands within a wa—Lershed area.
I
The North Andover Conservation Co=' : . has determined that the activity described
above is in violation of the Wetlands Protection Act,, G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 31 0ICMR 10.00,because:
i
O Said activity has been/is being conducted without a valid Order of Conditions.
O Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number , Condition number(s)
0 Other(specify)
I
t
!
The it o i th t'Mdover Cons ervat ion Co-ami S S i reby orders the following:
The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
O Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the
i`.Andover Con. Con & DE)E on or before (date),
and 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. Application forms are available at: office (see below)
❑ The property owner shall take.every reasonable step to prevent further violations of the act.
❑ Other(specify)
please attend July 20, 1983 ineet.ing at 3 :00p_at log.-. DLilcanrb
ideeting Rou-n.
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General taws Chap-
ter 131,Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine.of not more -
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: N.Andover Cons. Co,.-nm.
120 :,Iain Street, North Andover, ;a. 01845
Issued by N0. _ri idDOVFR CON'S.ERVATION COi HI S S IOiI
Signature(s)
(Signature of delivery person
or certified mail number)
Delivered by the North Andover Police Department
i
July 14, 1992
Mr. & Mrs. Ralph Dockray b97—1 g
134 Coachmans Lane
North Andover MA 01845
Dear Mr. & Mrs. Dockray:
The North Andover Conservation Commission has become aware
of a violation of the Wetlands Protection Act that was originally
discovered at 134 Coachmans Lane in 1983 . An Enforcement Order
was issued in August and an inspection by the Conservation
Commission was performed in September of that year. According to
our files, it appears that this violation was never fully
addressed. There appear to have been other violations on
Coachmans Lane, past and present, and these other violations are
now being pursued as well.
The Conservation Commission would like to re-inspect the
property at 134 Coachmans Lane. Please contact my office to
discuss a time that is mutually convenient for this inspection.
Thank you for your anticipated cooperation.
Sincerely,
Richard P. Doucette
Conservation Administrator
Town of North Andover
CC Karen Nelson, Division Director
Town of
NORTH ANDOVER ""'
USAP 2 9® 0 9 5 �i i3�� � �" �,,.
DIVISION OF [ �-
PLANNING & COMMUNITY DEVELOPMENT
120 Main Street • North Andover, Massachusetts 01845
Ist
2nd
Mr. & M ph Dockray otice
a3 RECD -2nd �.
Notice
o hmans ane PTtd�� 8,
Nore. 4 dover, MA 01845
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Of NORTH
KAREN H.P.NELSON * Town of 120 Main Street, 01845
Director = NORTH ANDOVER (508) 682-6483
BUILDINGt�
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 14, 1992
Mr. & Mrs. Ralph Dockray
134 Coachmans Lane
North Andover MA 01845
Dear Mr. & Mrs. nockray:
The North Andover Conservation Commission has become aware
of a violation of the Wetlands Protection Act that was originally
discovered at 134 Coachmans Lane in 1983 . An Enforcement Order
was issued 'in August and an inspection by the Conservation
Commission was performed in September of that year. According to
our files, it appears that this violation was never fully
addressed. There appear to have been other violations on
Coachmans Lane, past and present, and these other violations are
now being pursued as well.
The Conservation Commission would like to re-inspect the
property at 134 Coachmans Lane. Please contact my office to
discuss a time that is mutually convenient for this inspection.
Thank you for your anticipated cooperation.
Sincerely,
I
Richard P. Doucette
Conservation Administrator
Town of North Andover
CC Karen Nelson, Division Director
1fl/H1LE Y�4�1A ��E AWAY
FOR DATES �� TIME
OF
C mcA 1yl 19.els 4, PHONED
FAX RETUNE
PHONE Br-
ILE Gf 7� 7 YOURflCALD
AREA CODE NUMBER EXTENSION
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MESSAGE
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WANTS TO
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SIGNED �Y7� FORM 4002
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U
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
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• Complete items 1,2,3,and 4 on the U-
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TO
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120 Main Street
North Andover, MA 01845
r
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3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will provide ou the name of the erson delivered to and
the date of delivery. For additional fees the following services are avaii2ble. onsult postmaster for fees
and check box(es)for additional service(s) requested.
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P 290 095 933
Mr. & Mrs. Ralph Dockray Type of Service:
El Registered El Insured
134 Coachmans T Lane 9 Certified ❑ coo
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for Merchandise
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X
7. Date of Delivery
PS Form 3811, Apr. 1989 +U.S.G.P.o.1989-238-815 DOMESTIC RETURN RECEIPT
t .. Al
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CONSERVATION COMMISSIO1, �, � �.= h- � " .w G
TOWN BUILDINGuff�`ZC►c '20E' '2 c
NORTH ANDOVER, MASS. 0184 cm -
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Ver 7A "�
NC�AOCECt3� ;fcyMi���.
RETURN RECEIPT MAIM 864809
�
REQUESTED -
' _._ ❑►+aha�.
& ilir . Ralph Dockray
134 Ca-Chman Lane ATE
Nort'. Andover, I-D. 845
1ST NOTICE
2ND NOT i E
■
P 382 787 217 RETURN
DeU1.IlJCr ti�1L7 DS Focrrm 38 9—A
Oct fa80
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•SENDER:Complete items 1,2.3,and 4.
Add yoaraddress in the"RETURN TO"spice
_ on reverse.
(CONSULT POSTMASTER FOR FEES)
i.The following service is requested(check one).
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(The restricted delivery fee it charged in addition to
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14
M ziqt4 d O .
a Z E OF VICE: ARTICLE NUMBER
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E]COD
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I (Atm cMIn sip wture of addressee or agent)
to I have received the article described above.
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m
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