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HomeMy WebLinkAbout2012-12-20 Planning Board Supplemental Materials (34) CONSERVATION DEPARTMENT Community Development Division October 9, 2012 Barbara Montopoli 108 Campion Road 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 108 Campion Road, North Andover, MA. Dear Mrs. Montopoli, On August 28, 2012, while visiting an abutting property, representatives of the North Andover Conservation and Planning Departments observed earthwork and land clearing activities at the above referenced location. Representatives of both departments spoke with you on your property that day and advised that you would need to obtain a wetland delineation and file for the necessary permits. 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). In addition work within the Watershed Protection Area must be permitted with the North Andover Planning Board. Section 4.136.3.c.ii.(1 & 2) of the Zoning Bylaw requires a Special Permit from the Planning Board for a change in topography or grade and for vegetation removal or cutting within the Non-Disturbance Zone (within 100 ft. of a wetland resource area within the Watershed Zone). Also, if you are planning to build a new structure (a gazebo) within the Non-Disturbance Zone, you will need a variance from the ZBA, under section 4.136.3.c.ii.(3). Since that visit in August, the Conservation and Planning Departments have been in touch with you to be sure the necessary permits are applied for. You have stated that you were working with 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Andover Consultants. However, after over a month, no plans or filings have been received. The NACC now requires that you file a Notice of Intent (NOI) by October 12, 2012 to address the violation, either proposing to continue with a project or restore the area to its prior state. 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 and looks forward to your immediate cooperation in this matter. Please do not hesitate to contact the Conservation or Planning Departments should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION and PLANNING DEPARTMENTS Jennifer Hughes Judy Tymon Conservation Administrator Town Planner 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com