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CONSERVATION DEPARTMENT
Community Development Division
June 23, 2011
Cheryl Pearson
Tim Simpson
58 Salem Street
North Andover, MA 01845
RE: VIOLATION of the Massachusetts Wetland Protection Act(M.G.L. C.131 § 40) and the
North Andover Wetland Protection Bylaw (C. 178 of the Code of North Andover) at 58
Salem Road, North Andover,MA.
Dear Ms. Pearson&Mr. Simpson,
On June 21, 2011 the North Andover Conservation Department visited the above referenced location
at 58 Salem Road to inspect unauthorized activities occurring in close proximity to a wetland
resource area. Unauthorized dumping and grading of dirt, rocks and wood chips were observed
within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and an intermittent stream.
The majority of the work is with in the 25' No-Disturb Zone and some fill may be within the BVW.
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). Work within 100-feet of a wetland resource
area 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).
Please cease and desist all activities within the jurisdiction of the NACC. Per our prior discussions,
the Conservation Department requires that you obtain a wetland delineation and report from an
experienced wetland scientist and submit it to the Conservation Department no later than July 8,
2011. The report shall include a summary of the work done, photographs of the violation and
resource areas, a proposal for temporary stabilization of the disturbance and a restoration plan. The
NACC will then place the matter on the Conservation Commission agenda. Knowing that you will
be out of town for an extended period in the near future, this will be done to accommodate your
schedule as best as possible.
The North Andover Conservation Commission has the authority to undertake enforcement action
including the levying of fines. The NACC does not feel such action is necessary at this time
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthbndover.com
and looks forward to your immediate cooperation in this matter. Please do not hesitate to contact me
should you have any further questions or concerns in this regard.
Sincerely,
NO TH ANDOVER CONSERVATION DEPARTMENT
Heidi Gaffney
Conservation Field Inspector
cc: Jennifer Hughes, Conservation Administrator
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com