Loading...
HomeMy WebLinkAboutMiscellaneous - Exception (289)Town of North Andover Office of the Conservation Department Community Development and Services Division 400 Oss;ood Street North. Andover, MaSSBchUSettS 01.81.5 Alison McKay Telephone (978) 688-9530 Conservation Administrator Fax (978) 688-9542 April 14, 2005 Mr. & Mrs. Paul Corcoran 53 Lancaster Road North Andover, MA 01845 RE: Installation of a Fence at 53 Lancaster Road, North Andover Dear Mr. & Mrs. Corcoran: On March 29, 2005, I conducted a field inspection at the above reference property to determine whether the wetland boundary and associated buffer zones as depicted on your Certified Foundation Plan dated 2/17/93, revised 7/31/93 were more or less accurate for the purpose of the installation of a proposed fence at the above referenced property. I am of the understanding that the fence will be installed from Lancaster Road along the easterly property boundary, which is also directly adjacent to and along the driveway, to the 25 -foot No -Disturbance zone. You explained that the fence would then continue to follow the edge of the lawn to a minimum distance only and would not extend along the entire length of the 25 -foot no -disturbance zone, as it would not be necessary for its intended purpose (to deter trespassing on your property from the adjacent sewer easement currently being used as an access way to Hidden Court). Upon my inspection, I determined that this section of the wetland boundary and associated buffer zones were more or less accurate in the location of the proposed fence. The wetland boundary may be several feet upgradient to the existing wetland flags on the property, but did not appear to be substantially different from what was previously approved in this location. Please be aware, however, that I did not review the entire wetland boundary at that time nor did I officially approve any existing flagging. Because this type of activity is minor in nature and is proposed outside of the local regulated 25 - foot No -Disturbance Zone, I will allow the installation of said fence without a filing with the North Andover Conservation Commission (NACC). However, please be aware that any other activity proposed within 100 feet of this wetland resource area may be subject to a filing with the NACC as required under the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131 section 40) and the North Andover Wetlands Protection Bylaw (Chapter 178 Code of North Andover). This fence must be placed outside of the regulated 25 -foot No Disturbance Zone (the edge of existing lawn) associated to the adjacent wetland resource area as discussed during my field review. Disturbance of any kind within the 25 -foot no -disturbance zone is prohibited. 130:ARD OF .APPG,ALS 688-9541 BUILDING 688-95-45 CONSERVATION688-9530 III,;.m.'riI 688-9540 PLANNING 688-9535 I have enclosed a copy of the above referenced Certified Foundation Plan outlining the approximate location of the proposed fence for your convenience. Please feel free to contact me at any time should you have any further questions or concerns in this regard. Respectfully, NOR ANDOVER CONSERVATION COMMISSION Alison McKay Conservation ministrator Encl. Cc: File NACC Town of North Andover Office of the Conservation Department o Community Development and Services Division 27 Charles Street �4SSACHUS S North Andover, Massachusetts 01845 Telephone 978 688-9530 Alison McKay 978 Conservation Associate Fax ( ) 688-9542 July 22, 2002 Mr. & Mrs. Niceforo 53 Lancaster Road North Andover, MA 01845 RE: VIOLATION of the Massachusetts Wetland Protection Act (M.G. L. C. 131§ 40) and The North Andover Wetland Bylaw (C. 178 of the Code of North Andover). Dear Mr. & Mrs. Niceforo: During a routine building permit site inspection on July 11, 2002 for the construction of an 8' x 12' shed, I observed that the proposed shed had already been installed prior to an approval by this department in addition to an approval by the building department. The location of the shed is in violation of the North Andover Wetlands Bylaw (Chapter 178 of the Code of North Andover). The Massachusetts Wetland Protection Act (M.G.L. C.131 § 40) and the local Bylaw requires that any work within 100 feet of a wetland resource area be reviewed by the Conservation Commission. The shed is located within the 50 foot no construction zone as regulated in the local bylaw. The Bylaw states that "construction of any kind is prohibited within this Zone including but not limited to single family homes, multifamily dwellings, commercial and/or industrial buildings, porches, decks, patios, house additions, building additions, pools, septic systems, and sheds". This Department has the jurisdiction to require removal of the structure from the 50' no construction zone and to obtain the appropriate permits prior to installation. This notice also serves as an educational tool to inform you of the activities not permitted under the state and local wetland regulations. Please remove the shed from its current location. The shed can be placed anywhere outside the 50 foot no construction area for the time until an approval by the Conservation Commission is granted. You may contact this office at the number above to discuss the conservation permitting process. Another site inspection will be performed subsequent to this date to confirm relocation of the shed. Thank you for your anticipated cooperation. Sincerely, Alison McKay Conservation Associat Cc: Julie Parrino, Conservation Administrator NACC members Bob Nicetta, Building Commissioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535