HomeMy WebLinkAboutCorrespondence - 108 CAMPION ROAD 10/9/2012 t%0RTfj
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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)•1 Work within 100-feet of a wetland resource
area requires a filing with the North Andover Conservation Commission ACC) 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 918 688.9530 Fox 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
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J fifer Hilies udy Tymon
onservation Administrator Town Planner
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.towoofnorthandover.com