HomeMy WebLinkAbout185 Great Pond Road - Violation Letter - 06-15-23 - - 185 GREAT POND ROAD CONSERVATION DEPARTMENT
Community& Economic Development Division
By Certified, Electronic & First Class Mail
Tammy Woolfork&Hans Kim
185 Great Pond Road
North Andover,MA 01845 Jane 15, 2023
RE: VIOLATION of the Massachusetts Wetland Protection Act(WI'A) (M.G.L. C.131 § 40) & North
Andover Wetland Protection Bylaw(C. 178 of the Code of North Andover) at 185 Great Pond
Road
Dear Ms. Woolfork &Mr. Kim,
Yesterday morning while investigating a nearby property,the Building Commissioner Paul Hutchins observed
unauthorized construction activity related to an in-ground pool on your property 185 Great Pond Road. As you
know,your property is located within the Lance Cochichewick Watershed Protection District and associated
protection zones, and contains a bordering vegetated wetland resource area with associated 100-Foot buffer
zone. You have gone through Watershed Special Permit application process with the Planning Board and on
June 6,2023, the pool project was approved along with the following pre-construction conditions among
others):
➢ No work can commence until the 20-day appeal period has expired,and no appeals have been
submitted. The 20-day appeal period began on June 8, 2023 and concludes on June 28,2023;
➢ Prior to any work commencing, erosion controls in the form of 12" mulch-filled sock backed by
entrenched silt fencing shall be installed as shown in the approved plans. The location of the
erosion controls shall be surveyed and staked in the field by your consultant to ensure its proper
location between all construction activity/stockpiling and the wetland resource areas;
➢ The soil stockpile shall be located as shown on the approved plans, to the west of the pool
construction area;
➢ Temporary gravel tracking pad shall be established for construction access from the existing
driveway to the construction area. The tracking pad shall be constructed as shown on the
approved plans;
The morning of June 15,2023, Planning Director Jean Enright, Conservation Administrator Anny Maxner, and
Conservation Field Inspector Justine Fox visited 185 Great Pond Road to observe the extent of the
unauthorized activities. The project was designed to stay outside of the Conservation Commission's
jurisdiction. However, the stockpile of soil created during the unpermitted work was not placed in the
designated stockpile location as shown on the plans. Currently the stockpile exists within the 100-foot buffer
zone of the wetland resource area, making it jurisdictional to the Conservation Commission. According to C.
190.2 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(WPA) Regulations
310 CMR 10.55),without written approval by the North Andover Conservation Commission (NACC).
This violation letter instructs you to carry out the following initial immediate corrective actions to
stabilize the site and avoid further violations:
➢ You and your agents shall cease and desist front any further construction work on site;
➢ Do not operate any equipment or other machinery on the property for any reason, other than to
complete tine following corrective actions:
o Engage your contractor to instal I proper 12" mulch sock and silt fence erosion controls,
Erosion controls are to be placed between the existing stockpile and the wetland resource
area, as well as between the designated stockpile area and the wetland resource area that
exists downhill. The erosion controls must also be installed between the gravel tracking
pad and the wetland resource area.
o Install the gravel tracking pad/construction access path as shown in the plan layout;
o Contact the Conservation Department and the Planning Department once the above
corrective actions have been completed. We need to inspect the erosion controls and the
tracking pad on site before any work moving the stockpiled soil can begin.
o Once Town staff determine that the site is stable, and the erosion controls and gravel
tracking pad are in compliance with the approved plan, the existing stockpiled soil shall be
transported to its original designated stockpile location as shown on the approved plan;
o After the existing stockpile is relocated, the erosion controls must be repositioned in the
field based on the field survey stakes installed by your consultant. This will ensure
compliance with tine original erosion control layout, and take the project back outside of
conservation department jurisdiction.
o Contact the Planning and Conservation Departments once erosion controls are relocated to
their approved position for reinspection.
o Continue to work with Jean Enright to ensure the remaining conditions of the Watershed
Special Permit are followed and the project is in compliance with same.
Please be advised that the Conservation Commission has the discretion to take additional enforcement action
for this violation and/or non-compliance with this letter, including assessing fines pursuant to North Andover
Wetlands Protection Bylaw, Chapter 190 Section 10•
We appreciate your immediate time and attention to the directives above and should you have any questions or
need additional information please do not hesitate to contact me by email at aiiiaxner@tlortliatidovet-iiia.gov or
Jean Enright at enriglit a,nortliandoverma•gov•
Since. ly,
NO T AND OVRZ CONSERVATION DEPARTMENT
Amy R. M xner
Conservation Administrator
cc: Jean Enright, Planning Director
Paul Hutchins, Building Inspector/Zoning Enforcement Officer
Wetlmtd/ff'alershed Violations at 185 Great Pond Road
.tune 15, 2023
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