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HomeMy WebLinkAboutMiscellaneous - 224 CHESTNUT STREET 4/30/2018 (2) N G �. DEOE File No. 242-25 3 (To be provided by DEOE) ate\ Commonwealth CityRown North Andover of. Massachusetts Helen Louise Hanson Applicant Order of Conditions Massachusetts Wetlands Protefaion Act _ . C .L. c. 131, §40 - - and under the Town• of North Andover By'.aw,_ Chapter 3.5 -A- & B' From North Andover Conservation Commissic:n 'I Helen . Louise Hanson same To ¢; (KI-Te of A 1� t) (Name of property owner) Parkace So.. Lake Drive Apt. C-1 -' Address—PtirrrAddress This Order is issued and delivered as follows.: O i by hand delivery to applicant or representative on (date) ® by certified mail,return receipt requested on February 22', 1985 (date) This project is located at Lots' 1 3 Chestnut S r re e t The property is recorded at the Registry of North Essex I Book 1217 page .556 + Certificate(if registered) The Notice of Intent for this project was filed on January 1, 1985 (date) The public hearing was closed on January 23 1985- (date) Findings • r;• The :d• Andover Conservation Commiss ion has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based o:)'the information available to the IvACC at this time, the NAS(; has determined that the area on which the proposed work'is to be done is significant to tht, following interests in accordance with the Presumptions of Significance set forth in the regulations for,each Area Subject to Protection Under the Act(check as appropriate): 0 Public water supply El Storm d=ima;ei prevention O Private water supply O Prevention of,;-%Ilution' 0 Ground water supply ❑ Land contair:rig shellfish ❑ Flood control ❑. Fisheries M TOWN OF NORTH ANDOVER N9TICE OF VIOLATION OF WETLAND BYLAW DATE OF THIS NOTICE .r' NAME =EIODER _ ADDRESS OF OFFEN ER t 41 ,,STATE,ZIP CODE DATE OF BIRTH OF OFFENDER MV OPERATOR LICENSE NUMBER MVIMB REGISTRATION NUMBER OFFENSE: I TIME AND DATE OF VIOLATION (A.M.) (l"..)ON 7i 19 /h LOCATION OF VOLATION ATr( SIGNATURE OF ENFORCING PERSON - ENroACIirG DEPARTMENT I HEkEbYACKNOWLEDGt RECEIPT OF THE FOREGOING CITATION X ❑ Unable to obtain signature of offender. Date Mailed C Citation mailed to offender THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ YOU HAVE THE FOLLOWING ALTERNATIVES WITH RE VIDTO DISPOSITION OF THIS MATTER. (1 v' may elect to pay the above fine,either by appearing in person bet* j:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted,before:The Conservation Office,Town Hall, 120 Main St.,North Andover,MA 01845 OR by mailing a check,money order or postal note to the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)If you desire to contest this matter in a non-criminal proceeding,you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21 D non-criminal (3)If you fail to pay the above fine or to appear as specified,a criminal complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ ❑ B.I HEREBY REQUEST a non-criminal hearing on this matter. Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURT COPY Town of North Andover NORTH OFFICE OF 3�O tt``D e,�OL COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street North Andover, Massachusetts 01845 °•,,.o 9SSACHUSE� June 4, 1996 Mr. and Mrs. James Doherty ' 224 Chestnut Street North Andover, MA 01845 RE: VIOLATION of the Massachusetts Wetland Protection Act(310 CMR 10.00) and the North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Mr. and Mrs. Doherty: Visual inspection of the above referenced property on June 3, 1996 revealed violations of the Massachusetts Wetland Protection Act and local Wetland ByLaw. Any activity proposed or undertaken within an area specified in the Act (310 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the North Andover Conservation Commission (NACC) and Massachusetts Department of Environmental Protection (DEP). Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or Notice of Tntent. Violations documented on-site are as follows: • Alteration of a Bordering Vegetated Wetland (BVW) as defined under 310 CMR 10.55(2)(c) without a valid Order of Conditions from the NACC. Specifically, the alteration consists of shrub and herbaceous layer clearing and potential grade changes; Under the local ByLaw a violation of this magnitude is subject to a $200.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time I am not issuing a fine nor am I requiring that the wetland be restored, however, the following conditions shall be imposed: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • Cease and desist immediately from further alteration of this wetland resource area; ` • Appear before the North Andover Conservation Commission on Wednesday, June 5, 1996 at 7:00 p.m. in the Senior Citizens Center located to the rear of Town Hall on Main Street. North Andover was one of the first communities in the Commonwealth to organize a Conservation Commission in 1961 when it adopted Chapter 40 Section 8C of the Massachusetts General Laws. Since the passage of the Massachusetts Wetland Protection Act in 1972, the Commission has rigorously enforced the provisions of this Act. The Commission not only enforces the state Wetlands Protection Act, but also a local Wetlands Protection ByLaw. This Bylaw (and its subsequent revisions) has been in effect since 1979. Comprehensive Wetlands Protection Regulations were adopted early in 1991. These regulations provide detail and performance standards to support the local ByLaw. The Commission meets twice a month to review development projects and issue permits for work near wetlands. Please refer to the enclosed Enforcement Order and Violation Notice for further information. I have also enclosed literature for your review in hopes of clarifying what a Bordering Vegetated Wetland is and why it is important that we protect these environmentally sensitive areas. Your future cooperation with regards to this matter is greatly appreciated and I look forward to working with you in reaching an agreeable resolution. Sincerely, Michael D. How rd Conservation Administrator encl. cc: NACC DEP-NERO file l l 310 CMR 10 . 99 DEP Fite No. N/A Form 9 (To be provided by OEP) ci n,/To.r NORTH ANDOVER Applicant Mr. & Mrs. James Doherty commromweal t:h of Massachusetts Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. tll, 540 and under the Town of North Andover Bylaw,. Chapter 3, Section 3.5 From North Andover Conservation Commmission (NACC) Issuing Authority To Mr. & Mrs. James Doherty Dace of Issuance June 4, 1996 Property lot/parcel number, address #224 Chestnut Street, No. Andover MA 01845 Hxcent and type of activity: Alteration of a Bordering Vegetated Wetland (310 CMR 10.55) without a valid Order of Conditions from the North Andover Conservation Commission The NACC has dec_=i.^-ed zhat ce act_-v_c / described \ above is in violation of the Wetlands Protection Acz, G.L. c. 13L, §417, amd Che ReTulations prcmu:gazed pursi.anz thereto; 310 C-? 10 .00, because: x Said activity has been/is being conducted without a valid Order of Conditions. ❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to _, dated File number Condition number(s) ❑ Other (specify) The NACC hereby 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. ❑ wetlandalterations resulting from said activity shall be corrected and the site returned to its original condition. f � 1 Y Effective 11/10/89 9-1 Issued by The North Andover Conservation Co== aa4(on ` Completed application farms and plans as required -by the Act and Regulations shall be cued with the 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 wort. Application ..are available at: X11xThe property owner shall take every reasonable sten to prevent further violations of the act. xEiXOther (specify) Appear before the North Andover Conservatidii.,Commission at a public hearing on June S, 1996 at 7:00 P.M. in the Senior Citizens' Center located to the rear, of Town Hall. Failure to comply with c:^.is order may constitute grou=ds for legal action, Massachusetts General Laws Chapter 131, Section, 4o provides : _:01 ates a=v s_ _s_an _s section s=a__ >> - r _s =c f by a V*'ne a= not more _hap twen,cv- i v t.^_OL53^.d dr-LI-ars or by 1m�r:SOim�nt =ar ^_Ot more tna_. twc years Cr bots �aG1 ddv Or i _nor_ion tnereaL O. CO.^.t_ g V1Cldt_O^_ Sha'_: COL S�-=uCe d SeOd=a_? offense. Questions regarding this Sn_orcement order should be directed to Issued by Michael D.- Howard, Conservation Administrator Signatures) T'I -�. ((Signature of delivery person - or certified mail number) 9-Zb TOWN OF NORTH ANDOVER NOTICE OF VIOLATION OF WETLAND BYLAW 00114 OAT THIS NOTICE / s 4 I L . . : OFFEISDER .. .. .. . { AOR22OF FENDER J SI�V41 CITY,STATE- IP OE DATE OF BIRTH OF OFFENDER aR'I4t SY�Q MA yS MV OPEP IER MVMB REGISTRATION NUMBER OFFENSE: M A. � �` ail• (0 M. o.SS prt4 + TIME AND DATE OF VIOLATION (A.M.) (P _)ON LACATION�FAOLATION ^ AT 224 SIGNATOR ENFO 1 N ENFORCING DEPARTMENT I HEREBY ACKNOWLEDG RECEIPT OF THE FOREGOING CITATION ❑ Unable to obtain signature of•�o{ffen er. Date M��'led b Citation mailed to offender (' `MA 1N m4AX THE FINE FOR THIS NON-CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH RE RD TO DISPOSITION OF THIS MATTER. / 1 (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted,before:The Conservation Office,Town Hall, 120 Main St., North Andover,MA 01845 OR by mailing a check,money order or postal note to the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulting criminal record. (2)If you desire to contest this matter in a non-criminal proceeding,you may do so by making a written request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St,Lawrence,MA 01840 I ATTN:210 noncriminal (3)If you fail to pay the above fine or to appear as specified,a criminal complaint may be issued against you. ❑ A.I HEREBY ELECT the first option above,confess to the offense 1 charged,and enclose payment in the amount of$ BY REQUEST non-criminal he this matter. : i C] a no B.I HEREBY n9 B - � on :1 ' Signature I WHITE:OFFENDERS COPY YELLOW:CONSERVATION COPY PINK:POLICE COPY GOLD:COURTCOPY I 310 CMR 10.01 (2) Yolk ea desa, a TY iC t" WetlandValues y� �� ��Yv1, 44 ,� 8 Interests of the Act- t r . • Private & Public Water Supply r Groundwater Protection • Pollution Control • Flood Control • Storm Damage Control a • Land. Containing Shellfish • Fisheries 3 • Wildlife Habitat . I. o • Bordering Bordering VegelAied Vegelaled Well.ands, Wellarxls • A BORDERING VEGETATED WETLANDS: Bordering Vegetated Wetlands are freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands a-re wet meadows, marshes, swamps and bogs. They are areas where the topography is low and flat , and where the soils are annually saturated. The ground and surface water regime and the vegetational community which occur in each type of freshwater wetland are specified in the Act . The boundary of Bordering Vegetated Welands .is the line within which 50 percent or more of the vegetational community consists of the wetland plant species identified in the Act . (BVW) Inland Welland Resource Areas 1011:70UfilC: h!40110/Q74 SlNartf: SIAM VOGUIRAIM 1tTLAND 1100104tionsc Section 10.55) Statutory lmtereeta critical Mar•ctoriatice. Irydroloyic runctiema Pteesmptlasa Neformamoa Standard$ (PHoet likely trust (Hurt moot Public/privote - borders on a stream or - surface Meter: Whore a project - The surface replace- .Star supply. water body. involves comoving, sunt ores to be Flood storage. filling, dredging or created shall be - Groundwater supply. - Wet meadow, altering of this equal to that Mich slows flow resource, the isouing will be lost. flood control. - Harsh. velocities. outhifity shall presume that such area - The groundwater wand Stora damage - Swam. Evaporation/ Is significant to the surface water prevention. transpiration Interests specified elevation of the bog. •Iles. in Section IO.SSIiI• replacement area Prevention of shall be appros. pollution. - Low topography and Occasionally 7%14 presumption is equal to that of the Is flat. surface water rebuttablo and may be lost atoa. Protection of discharges to overcoae upon a clear fisheries. - Soils are arrwally the groundwater. shoving that said land - Overall borlsortal saturated. does not play a role configuration and Protection of Vogetation may In the protection of location of the C) wildlife lofter moderate water said Interests. torts area A Iloveabor 1, 11171. temperature of with respect to the bordering otreaas, bank shall be etc. similar to that of the lost area. - Groundwater: - Eeplacememt Ores Groundwater shall have an un- discharges to the restricted hydraulic surface. eomnecthon to the same water body of Noy serve as recharge waterway. during certain moosone and/or - Eeplaceeont area conditions shall be located within the some general aro& of the waterbody or reach of waterway as the lost area. - At least 751 of the surface area shall be re-established with Indigenous wetland plant l ` growing season. i WD, Seo the Wet lands Protect ion Hv I no,,',.; .... r .. •scoot inns to lh• P .fans• :^wn.iwr4a hymn w,l aRwww. tSr hhha� 11� PIES fSi�1 10111111111 BUFFER ZONE: means that area of land extending 100 feet horizontally outward from the boundary of any area specified in Section 10.02 (1) (a) of the Regiilations - Bank, Bordering Vegetated Wetland. There is no 100 foot buffer from Land Under Nater Bodies, and Land Subject to Flooding Bordering Bordering 100' Isolated Vegelahil Vegetated Buffer Zone Land Wetlands Wetlands (BZ) Subjecl (BVW) To flooding (ILSF) NO r Upland 100 Year Flood land Under -Bank Water Body And Bank (Il) Waterway ([,WWII/WW) Bordering land Subject To Fluudi g Im nd Wetland Resource Are�-,,J "'l-P, RKSOURCK IKFORMKTION SWIMART: BUFFCR sOR OF RZSOURC= ,Rs11S ststutorT Interests Critical Characteristics Rydrologic Functions presumptions jperform"ce Standards (Most likely true) IMust **at) None - Slope. - Surface water: None None, other than activity shall not - Type of cover. Cover type effects result in an runoff rate. alteration of - Type of soils. a wetland Slope affects resource area. runoff rate. - Groundwater: Recharge area. O CD 310 CNMR 10.05 i The Regulatory Process _1 Is the project within the jurisdiction? Requestfor Determination Site visit Public meeting yr.� Nr Determinati n of Applicability- — - l Notice of Intent Site Visit ONE Identification of resource areas Public Hearing ' of Significance Presumptions g Should theP roject be considered a "Limited ] Project"? Performance Standards Orders of Conditions =Fern�1 Certificate of Compliance -����} �� �� 4 J \, 7 310 CMR 10.54-10.57, (3) 1 Presumptions of SignificanceI Inland 1 I�o.f:.. aw 3.: �i:• A.o�k `\ J � O cc U L G L C E m r C9 O C9 ° i c Ci .. Ca L+ �+ ''� O •^' 3 Bordering Vegetated X X X X X X x Wetlands Banks X X X X X X X • Impervious cover X X Land Under Water X X X I X X X X - • Impervious cover X X y �l Land Subject to Flooding X X- Bordering: within 100 ft. X x x or 10 yr. floodplain Isolated: • Pervious cover X X X X • Organic cover X X X X X • Vernal Pool X X X 18. xC, 310 CMR 10.08 Wetlands Program Policy 84-1 S i �l ._ �,��sn� 'A" Enforcement Option, s 0. OFF C. �qir QA 0 \stiu ,, �y l Tore 0; 10,\�,, P)O\�j • Notice of a violation • Enforcement Order //eeA, } o L*�. co-At4ias ,� pe-lln,+ C,�!�,VJ k Pku. • Civil action Nd Ccs' rnc'w�y e Criminal action - R-areb � - _1 __1 1 :l . .1 26. North Andover Conservation Commission Buffer Zone Policy (1991) The North Andover Wetlands Regulations identifies a 25 ' no- disturbance and a 50 ' no-construction zone around wetlands. The rationale for such buffer zones is included in this policy statement. Upland buffer zones are not a new concept and much study has been done, and is now underway, on this issue, Vegetated buffer zones are perhaps the most effective way to control nonpoint runoff. IEP Inc. recently prepared a document for the Narragansett Bay Project entitled Vegetated Buffer Strip Designation Method Guidance Manual that discusses this issue in detail and provides a very useful annotated bibliography as well . This and other sources, including some that will be cited here, have studied wetland systems and proposed buffers that are, in many cases, in excess of those generally imposed by the NACC. Additional buffer zones can protect wetlands values and functions in the Lake Cochichewick Watershed and may also be imposed. The IEP buffer zone study recommended a minimum of 25 ' buffer zone for any wetland. One document prepared by the Corps of Engineers generally recommends buffers measured in meters, not feet. These buffers range from 7m to 200m. Buffer zones can be a vital link in protecting water quality in many ways. This includes: Temperature Shade and cover provided by riparian vegetation can moderate water temperature in small streams. Sediments and Other Contaminants Buffer strips filter 'sediments and other contaminants (e.g. pesticides, heavy metals) from surface flow. Buffer strips also prevent erosion in ripar?an areas and preclude development which could lead to increased contaminant loading. Nutrients (Nitrogen and Phosphorus) Buffer strips reduce nutrient inputs into streams l 1) filtering sediment bound nutrients from surface flow, 2) removing nutrients from groundwater via uptake in vegetation and by denitrification, and 3) precluding development which could increase nutrient loading (i.e. septic systems) . Maintenance of Streamflow Buffer strips can store water and help maintain stream f base flow (and water quality) during low flow periods. \ (U.S.A.Corps of Engineers, Buffer Strips for Riparian Zone Management, 1991) 2 The Department of Environmental Protection the Wetland Regulations (310 CMR 10. 00) clearly recognize the value of buffer zones. The Preface to the 1983 Regulations states that "It has been the Department's experience that any project undertaken in close proximity to a wetlands resource area has a high likelihood of resulting in some alteration of that area, either immediately, as a consequence of construction activities, or over a longer period of time, as a consequence of daily operation of. the completed project. . . " Also section 10. 02 (2) (b) states that any activity proposed or undertaken within 100 feet of an area specified in 10.02 (1) (a) which, in the judgement of the issuing authority will alter an area subject to protection under the Act is subject to regulation. House construction and grading within 25 ' of a bordering vegetated wetland is, in -the opinion of the issuing authority, work that will alter an area subject to protection under the Act. Section 10. 05 (6) (b) states that the Order of Conditions shall prohibit any work or any portion thereof that cannot be conditioned to meet the performance standards. This applies to the buffer zone as well as resource areas. Some feel that it is impossible to condition work and meet the performance standards without the imposition of minimal buffer zones. The State of New Jersey has seen a pattern of land development similar to that of Massachusetts. There land use controls and environmental regulations are also somewhat similar. "In New Jersey, tidal and non-tidal wetlands are protected by establishing a buffer between proposed development and the wetland boundary. Law and policy have set the maximum width of buffers for both types of wetlands, and the minimum buffer with for non-tidal wetlands . . . One method for protecting wetland from degradation is to provide vegetated areas, or buffers, around wetlands. . . Non-tidal wetlands that provide habitat for threatened or endangered species, or that discharge to certain pristine waterways are classified as wetlands of exceptional resource value, and are provided with a 75 to 150 foot buffer. Most other wetlands that are not man-made are classified as being of intermediate resource value, and are provided with a 25 to 50 foot buffer. " ("Buffer Delineation Method for Coastal Wetlands in New Jersey" , Symposium on Coastal Water Resources, AWRA, May 1988) In New Jersey, wetlands of exceptional resource value are provided with minimum of 75 ' buffer while other wetlands are provided with a 25 ' minimum. The same minimum used by the North 3 Andover Conservation Commission. Pollution attenuation is one of the most important public values provided by wetlands. Wetlands can become degraded over time due to the influx of additional pollutants, or pollutants can bypass the natural processes during periods of high flows. Upland buffer zones can protect (and enhance) the natural capacity of the wetland system to attenuate pollution. The upland has its own pollution attenuation capacity as well. This is an important factor to consider when assessing the` _cumulative impacts of residential development on surface water quality. Nitrogen and phosphorous inputs can be attenuated with the use of upland buffer zones. The Lake Cochichewick Watershed Plan discusses the 'potential threat of phosphorous as a result of residential development. "The potential of phosphorus reaching the lake from fertilizers is greatest on properties that immediately border the lake or a tributary stream. In these areas, there is the potential for phosphorus to be washed off, the surface of the ground into the water body, especially if there is a good soaking rain storm shortly after the fertilizer is applied. Phosphorus inputs to the lake which can be indirectly related to lawn fertilization include decay of lawn clippings or leaves which are deposited in or near the lake or tributary streams. " In a separate document ("Long Pond Newsline") IEP states that 1130 - 50 ' wide buffer zone will remove about 70 - 90% of the sediment and phosphorous in runoff. " The Corps of Engineers recently prepared a document for the k. State of Vermont to guide them in the use of buffer strips. The role of buffer strips in nutrient removal is clearly articulated: "Buffer strips can reduce the movement of nutrients f 'om. uplands into surface waters. The primary processes involved include: 1) retention of sediment bound nutrients transported by surface runoff, 2) uptake of soluble nutrients by vegetation and microbes, and 3) absorption of soluble nutrients by organic or inorganic soil particles. Sediment retention seems to be main process responsible for removing phosphorus (at least initially) , while denitrification is the primary process responsible for nitrogen (nitrate) removal. The nutrient removal efficiency of buffers probably depends on many factors. These include sedimentation rates, surface and subsurface drainage characteristics, soil characteristics (particularly oxidation-reduction potential, organic content, and temperature) , the successional status of vegetation, and nutrient loading rate from uplands per �. 4 unit area of buffer. " This document discusses the value of buffers in protecting wildlife habitat as well: "Because buffer strips can greatly influence water temperature and other habitat variables in low order streams, buffers probably have a considerable impact on fish and invertebrate communities. Few studies, however, have looked closely at the effect of buffer strip width on stream biota. "Although the importance of riparian areas as wildlife habitat is well documented (see Brinson et al. , 1981; Motroni, 1980; Hopper, 1989) , little information is available upon which to firmly base buffer strip width recommendations. At a minimum, buffers should be wide enough to provide habitat for species adapted to both riparian "edge" and "interior" habitats. Also, the buffer area (length x width) should be large enough to provide adequate breeding and foraging habitat. " The next two pages were taken from that Corps document and illustrate many of the functional wetland values protected by ` buffer zones, recommended widths and references. This provides a useful overview of the status of research as it relates to buffer zones. r 5 The role of the local Conservation Commission and the Department of Environmental Protection is to protect the public interest and the important wetland values that we all benefit from. Both the Conservation Commission and the Department of Environmental Protection "shall prohibit any work or portion thereof that cannot be conditioned to meet the performance standards. " (10. 05 (6) (b) The North Andover Conservation Commission cannot allow this project without the impo§ition of buffer zones. The imposition of buffer zones is the,Only way that the Conservation Commission can protect various Interests of the Act. Without the imposition of adequate buffer zones projects located immediately adjacent to wetlands will, in the opinion of the issuing authority, alter an area subject to protection under the Act. Therefore, the Commission is compelled to regulate this activity and protect the interests of the Act through the imposition of buffer zones. We feel confident that, although it is a complex and relatively new concept for some, the value of upland buffer zones is known. Buffer zones around sensitive resource areas will prohibit the degradation of wetlands and wetland values that the literature indicates will occur, and that we are prohibited by the regulations to allow.