HomeMy WebLinkAboutMiscellaneous - 127 OLYMPIC LANE 4/30/2018 (4) 447
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CONSERVATION DEPARTMENT
Community Development Division
November 3, 2009
Tony Festa
127 Olympic Lane
North Andover, MA 01845
RE: Landscaping and tree removal within the buffer zone of wetland resource areas
Mr. Festa,
This is a follow up letter pertaining to a discussion held on your property, today, to
discuss the potential for tree removal and landscaping within and adjacent to wetland
resource areas at 115 and 127 Summer Street. While on your property,we inspected the
location and general health of a number of trees between the two subject properties.
There were several white pines, red maples, birch and shrubs. Shrub sized, invasive and
non-native glossy buckthorn was also noted. All trees and shrubs appeared to be in
good health and most were in fall foliage. The white pines had no trunk damage and no
apparent large, dead limbs. There were 2-3 dead elm trees at the back right corner of the
pool. These dead trees can be removed at the owner's discretion from the existing
mowed lawn area.
The remaining trees are located within the 100 foot buffer zone to Bordering Vegetated
Wetland (BVW) and within the 200 foot Riverfront Area. According to C. 178.2 of the
North Andover Wetland Protection Bylaw, "No person shall engage in the following
activities: removal,filling, dredging, discharging into, building upon, or otherwise
altering or degrading the wetland resource areas..." including any 100-foot buffer zone
(see also Wetland Protection Act Regulations 310 CMR 10.55 and 10.58). Work within
100 feet of a wetland resource area or with 200 feet of a perennial stream requires a
filing with the North Andover Conservation Commission (NACC) under both the
Massachusetts Wetland Protection Act and the North Andover Wetland Protection
Bylaw (more information is available at the Town of North Andover website under the
Conservation Department link). In addition, the Town of North Andover Wetland
Protection Bylaw stipulates that a 25-foot No-Disturb Zone and a 50-foot No-Build Zone
be maintained upland of delineated resource areas.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
The Wetland Protection Act Regulations further state, that Riverfront Area is presumed
significant to protect" the private or public water supply; to protect the groundwater;
to provide flood control; to prevent storm damage; to prevent pollution;...to protect
wildlife habitat; and to protect fisheries. The regulations further state that work in
Riverfront may proceed provided that"At a minimum, a 100 foot wide area of
undisturbed vegetation is provided (310 CMR 10.58 (3)(d)."
Any removal of live, healthy trees will require a filing with the North Andover
Conservation Commission and will need to prove no adverse impact to any of the
resource areas described pursuant to the Massachusetts Wetland Protection Act and the
Town of North Andover Wetland Protection Bylaw. Information regarding filing
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procedures can be found on the town website, www.townofnorthandover.com, under
the Conservation Department heading.
Please do not hesitate to contact me should you have any further questions or concerns
in this regard.
Sincerely,
NORTH AND VE CONSERVATION COMMISSION
Jennifer A. Hu hes
Conservation Administrator
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
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