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Home My WebLink AboutMiscellaneous - 276 RTLco TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 0 1845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. Eugene P. Willis P. E ",so, Telephone (978) 685-0950 Director ofEngineering Fax (978) 688-9573 0 November 1, 2007 Walter Jacobs 276 Raleigh Tavern Lane North Andover MA. 01845 Re: roadway culvert To Whom It May Concern: There is an existing drainage culvert that outfalls in an easement on 276 Raleigh Tavern hane. This culvert receives runoff from two catch basins in the roadway and an intermittent stream on the up gradient side of the street. Due to lack of available staff, DPW requests property owners maintain drainage.facilities on or near their properties. We encourage this for two reasons: clogged drain paths can cause lack of drainage, and also starve down gradient BVW's for water. The scope of recommended maintenance is limited to the removal of sediment build up and debris in the channel and vegetation overgrowth. Topography changes or other activity that could create sediment erosion from runoff is not part of normal, recommended maintenance. Cc: File "Alt a:1 I AAAM, Oct 31 07 02:44p Jr. ILP . t? ui 0 z j IT o 00 40 0 9 01,9 3 j J14 z 1-4 lop At 0+ J'a Z,q t�L 0 sv G6 7-1-1 4 0 Oct 31 07 02:44p TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSMS 01845 J. William Hmurciak Director To: r-Afif From: Fax: Paga: Phone: Mte: Re. Z74 P p4j-16# CC: I—A VkRAI 4AJ -fhef& Cf 46% e4'qew#jq+- *I --- S16 pd%6�k 11verm see JLackey 'PI -481. P. I Telephone (978) 685-0950 r�ax (978) 688-9573 Lowe, Ncvzlvl- -tat " (S U� � -T �( Wd. f6�, IT - OT[aln&( pq-&VI e5al) Nov q oco--� Vqed cvaoR(q 4A 2K vorl, e�)Vw V� x Flo, *vow kjn�xl Kbmwzd- �j k(vh M,5o 6`5 Le&— wv(y0A(r(v,(,z AFO(viazi-04 -Ctewloel omf -41$016 wormal I uautl� V� *K ---- MV McKay, Alison From: McKay, Alison Sent: Tuesday, October 30, 2007 6:45 PM To: Merrill, Pamela Subject: Tuesday morning Pam, I left a message on your work cell phone in regards to a matter that came up later this afternoon while you were out on your inspections. I have a staff meeting promptly at 9:30 a.m. in the morning. Please call me first thing Wed. morning prior to my staff meeting real quick to discuss the matter. Thanks Alison E. McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 978-688-9530 '34 -VI '- H1,K4 To 17F-317- Jle- ' - V - J, 0- 7� wo C' f OORT#t BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received Z 0 _)MO CH TYPE OF IMPROVEMENT rROPOSED USE -7-i�e-sidential Non- Residential -T �ew Building One family Addition' Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Jo Nin,51Q1��,-Rli- W., -'d D C1 he N 1� Ingo, rj;;.qp; '=0eWW"L�: NO 5 DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly). OWNER: Name: Phone: ARCHITECT/ENGINEER, Addre8s:� Phone: Reg. No. FEE'SCHEDULE: BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. 4�11 Total Project Cost: $ FEE: $ 6�3 0 Check No.: Receipt No.: NOTE: - Persons contracting with unregistered contractors do not have access to the guarantyfund Ll Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private (septijc�-f�, etc. Permanent Dunipster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED: PLANNING & DEVELOPMENT /x COMMENTS DAT CTED DATE APPROVED CONSERVATIi; 4' OOMMENTS (��77() z DATE REJECTED DAT P ROVED HEALTH COMMENTS rl'7t Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted . yes I Planning Board Decision: Comments Conservation Decision: —Comments Water & Sewer Connection/Signature & Date Driveway Permit Located at 384 Osgood Street 4% . 4 '00 CONSERVATION DEPARTMENT Community Development Division October 31, 2007 Mr. Walter Jacobs FILE COPY 276 Raleigh Tavern Lane North Andover, MA 01845 VIA CERTIFIED MAIL #70041160000292927743 RE: ENFORCEMENT ORDER at 276 Raleigh Tavern Lane, North Andover Dear Mr. Jacobs, This letter has been prepared as a follow up to my voice message I left you this morning. The North Andover Conservation Department received a complaint that you allegedly removed several trees and begun excavating your back yard potentially within and next to a wetland area. The complainant stated that the tree clearing has taken place over the last 30 days. In addition, a shed was erected in close proximity to the adjacent Bordering Vegetated Wedand (BVW) and drainage easement yesterday afternoon. This department recently rejected the building permit for the shed and consequently, a Building Department has not issued this permit. Based on our office files, there are wetlands located within the drainage easement between your property and #268 Raleigh Tavern Lane. Please be aware that work performed within 100 -feet of a jurisdictional wetland resource must be approved by the North Andover Conservation Commission (NACC). You are hereby mandated to stop all activities until this department can complete the investigation. I am requesting that we meet onsite before November 9, 2007, so that I may investigate the allegations made against you. If you are unable to meet with me, I am requesting your permission to access your property in order to conduct an inspection and deternnine if there are impacts to the resource area or the associated buffer zones. If the allegations are proven to be true, you will receive a subsequent letter, which will outline all mitigation requirements and deadlines. Should you have any further questions or comments, please feel free to contact the undersigned at your earliest convenience. Thank you in advance for your anticipated cooperation with this matter. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT 1iPamela A. Me Conservation Associate 1,2merrill@townofnorthandover.com 1600 Osgood Street, Bu�ding 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://vww.townofnorthandover.com/Pages/NAndover--%.LA—Conservation/*mdex 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: DEP File Number: forms on the North Andover Conservation Commission October 31, 2007 computer, use Conservation Commission (issuing Authority) Date only the tab key to move To: your cursor - do not use the Mr. Walter Jacobs return key. Name of Violator 276 Raleigh Tavern Lane, North Andover, MA 01845 42L�l Address fA ff 1 . Location of Violation: same Property Owner (if different) 276 Raleigh Tavern Lane Street Address North Andover MA City/Town Zip Code Map 106C Lot 110 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Clearing, grading and placing shed within 1 00 -feet of a jurisdictional wetland resource area without obtaining the applicable permits the Conservation Commission. You are hereby mandated to stop all activities until further notice. Please see attached letter prepared by the North Andover Conservation Department dated October 31, 2007 for additional information and deadlines. 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: 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). wpaform9a.doc - rev. 7/14/04 Page 1 of 4 LI(Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) El 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 File Number El The Order of Conditions expired on (date): Date Dated Condition number(s) El The activity violates provisions of the Certificate of Compliance. El 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 MGL c.1 31 s.40. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): Z 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. El Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. El A restoration plan shall be filed with the issuing authority on or before for the following: Date The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc - rev. 7114/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: C. Order (cont.) El 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. E] The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: Failure to comply with this Order may constitute grounds 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: Pamela Merrill, Conservation Associate Name 978.688.9530 Phone Number Monday - Friday 8:30am to 4:30pm Hours/Days Available Issued by: North Andover Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc - rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Sig natures (cont.) DEP File Number: 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. 'qOA (UO 0009V AZHq+� -- Signature of delivery person or certUd mail number wpaform9a.doc - rev. 7/14/04 Page 4 of 4 CONSERVATION DEPARTMENT Community Development Division FILE COPY October 29, 2007 Mr. Walter Jacobs 276 Raleigh Tavern Lane North Andover, MA 01845 RE: Rejected Building Permit Application at 276 Raleigh Tavern Lane, North Andover Dear Mr. Jacobs, The North Andover Conservation Department rejected the building permit for a 12'x2O' shed as it is proposed within 50-fect of a Bordering Vegetated Wetland. Pursuant to the North Andover Wetlands Protection Bylaw Regulations, §3.4, structures (including sheds) are prohibited within 50 - feet of a jurisdictional wetland resource area. As such, your shed must be relocated to comply with this setback. Please make the appropriate changes to the building permit sketch and submit it to the Building Department. Once it is received, it will be reviewed by the Conservation Department for compliance. Should you have any further questions or comments, please feel free to contact the undersigned at your earliest convenience. Respectfiffly, iNORTH ANDOVER CONSE TI DEPARTMENT P amela A. Merrill Conservation Associate pmerrffl&townoftiorthandover.com Cc: North Andover Building Department �,;600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9630 Fax 978.688.9542 Web: http://,x,.N-,x-.townofnorthandover-com/Pages/NAndoverNL-,k—Conserv,,ifion/index