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HomeMy WebLinkAboutMiscellaneous - Woodlea Road�ll�ttS DepaIbrwnt of L`Ad► ounw-ntal Protection DEP File Number • Bureau ofResource Protection Wetlands ' (1 WPA.. .Form: 9A. - Enforcement Order for DEP use only Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and North Andover Wetland Protection Bylaw.. Violation Information - This Enfo X 0t ji issued by: . Cor ffvion commission (ImingAuthonry) To: Q Name of Viol" Locationof Vlol� n: ary/Tam. Extent and type of activity: nP� P P- FY14 Q L O AssaZ=MapiPlat! Parcr!/LoIJ� + �� ►� u Date of u ncee: J Q Findings The Issuing Authority has determined that the activity described above 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 without a valid Order of Conditions. the activity has is being conducted in violation of e ¢fder ofCondi ' s issi�o: I Name r File Number Cordeion numba(s) f► Other (specify): n..,... 1 ..r n Massaclarsetts Depamxwt of Enviromental Protection Bureau of Resource Protection — Wetlands WPA. Form 9A - Enforcement Order - and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw:--: �- 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 the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ 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 has been held and an Order of'Condkions has been issued to regulate said work. 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 Enf rcem t Order should be direA1917A �^ I � X5 30 Phone't� Issued by Conservation Commission In a situation requiring immediate action, an Enforcement Order may be signed by a single member or agent of the commission and ratified by a majority of the members at the next scheduled meeting of the commission. The property owner shall take the following action to prevent further violations of the Act. (r/ Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws 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." Signaure ofde(ivey person orcaviie9 mail rwmber r),- n -;. Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 January 8, 1999 Mr. James Grifoni 240 Candlestick Road North Andover, MA 01845 Fax(978)688-9542 RE: ENFORCEMENT ORDER:, Woodlea Village Subdivision — Violation of the Massachusetts Wetland Protection Act (MGL c.131 s.40), the North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover) and DEP #242-792. Dear Mr. Grifoni: As you are aware, the North Andover Conservation Commission (NACC) temporarily suspended the stop work order on lots 1 — 6 Woodlea Village as it was there opinion that the violations previously documented had been substantially mitigated. However, enclosed please find an Enforcement Order which mandates the following: 1. A detailed "As -Built" site plan prepared by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth for the roadway, utilities, appurtenances, stormwater structures and lots 1 —6 shall be submitted to the Commission for review no later than January 20th, 1999. This plan shall be prepared in accordance with Condition #47 of the above referenced Order of Conditions. Failure to submit a satisfactory "As -Built" will again result in a stop work order for lots 1- 6 Woodlea Village and/or the issuance of additional fines to be determined in accordance with Section 178.10 of the North Andover Wetland Protection ByLaw. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2. The stop work order for lots 1 — 7 Woodlea Village remains in full effect. This Department, however, has been granted discretionary authority to lift this order on a lot by lot basis pending satisfactory pre -construction meetings. Prior to going forward on each of these lots and scheduling an inspection with this Department the following tasks must be completed: a. The foundation limit must be staked at least 50' from the edge of the wetland resource area and in accordance with the approved plan of record. b. The sedimentation/erosion control devices must be at least 25' away from the wetland resource area and installed per the approved plan of record and condition #31. c. A revised construction schedule and sequence shall be submitted per condition #29. d. Wetland flagging must be re-established per condition #30. e. An emergency supply of erosion control devices must be stockpiled on-site per condition #32. 3. Per the approved resource area restoration plan prepared by Mr. D'Urso, the proposed planting scheme shall be complete as soon as conditions allow but no later than June 1", 1999. To reiterate, it is the understanding of the NACC that Mr. Steve D'Urso has been contracted by you to act as the Environmental Monitor. Mr. D'Urso has been instructed to appear before the NACC on a monthly basis per the following dates to provide detailed status reports in accordance with Condition #21: a. February 3`d, 1999 @ 7:OOp.m. b. March 3`d, 1999 @ 7:00 p.m. c. April 71h, 1999 @ 7:00 p.m. d. May 5`h, 1999 @ 7:00 p.m. e. June 2"d, 1999 @ 7:00 p.m. f. PERMIT EXPIRES —June 20`h, 1999 If you have any questions or concerns regarding this matter or the enclosed EnforcemeM Order p se do not hesitate to contact this office. Si rel , Michael D. ward Conservation Administrator Encl. CC: Tom Urbelis, Esq. — Town Counsel Michael McGuire — Building Inspector Dom Scalise, Esq. Steve Stapinski - Merrimack Engineering Services, Inc. Steve D'Urso — Wetland Biologist NACC file