HomeMy WebLinkAboutCorrespondence - 777 GREAT POND ROAD 8/25/2015 August 25,2015 WILLI 1VIS
SPARA ES
ENGINEERS . PMNERS .SURVEYORS
David&Caroline lbbitson
777 Great Pond Road S
North Andover,MA 01845
Subject: Watershed Protection District
777 Great Pond Road
Dear David&Caroline,
We have completed a review of the North Andover Zoning Bylaw,Section 4.136,as it pertains to the
work you did and work you are proposing within the Watershed Protection District.
The Watershed Protection District, (WPD),surrounds Lake Cochichewick,the Town's sole source of
public drinking water supply. Regulations within the District are intended to preserve the purity of
the ground water,the lake and its tributaries,to maintain the ground water table,and to maintain
filtration and purification functions of the land;while conserving the natural environment,and
protecting the public health,safety and welfare.
There are different boundaries and zones within the WPD. The uses and building requirements for
each zone vary according to its proximity to the Lake and wetland resource areas as well as when
the lot was created. According to your deed and the record plan for your lot it,was created on
October 9,1990. For lots created on or prior to October 24,1994 the following zones exist;
• General Zone that shall consist of all land located beyond 400 feet horizontally from all
wetland resource areas(as define in M.G.L.Chapter 131,§40,and the Town Wetland Bylaw)
located within the Watershed Protection District
• Non-Discharge Buffer Zone that shall consist of all land areas located between 100 and 325
feet horizontally from the edge of all wetland resource areas,(as define in M.G.L.Chapter
131,§40,and the Town Wetland Bylaw),located within the watershed.
• Non-Disturbance Buffer Zone within the Watershed Protection.District which shall consist of
all land areas located beyond 100 feet horizontally from all wetland resource areas,(as define
in M.G.L.Chapter 131,§40,and the Town Wetland Bylaw),located within the Watershed.
As you know,you have jurisdictional wetland resource areas in your rear yard and your entire lot is
within the Watershed Protection District. The tree removal that you did was 142 feet from the
189 North Main Street, Suite 101 e Middleton, MA 01949 • Tel: (978) 539-8088 • www.wsengineers.com
closest wetland resource area and all of the tree removal that you did was within the Non-Discharge
Buffer.Zone and General Zone. According to our survey and field observations,no work was done
within the Non-Disturbance Buffer Zone.
According to Section 4.136,13(a)(i)(1)of.the Zoning Bylaw,all permitted uses allowed in Section
4:121,"Permitted Uses Residence 1,2,and 3 District",shall be allowed in the General Zone of the
WPD. The use is allowed per section 4.121 of the Zoning Bylaw. Activities such as landscaping,tree
removal,grading,etc.that occurs on.a residential lot is anticipated to part of the residential use.
According to Section 4.136,3(b)(i)(1) of the Zoning.Bylaw,all of the allowed uses listed in section
3(a)(i)of the WPD Bylaw are allowed in the Non-Discharge Buffer Zone. Activities such as
landscaping,tree removal,grading,etc.that occurs on a residential lot is anticipated as part of the
residential use.
According to Section 4.136,3(c)(i)(1)of the Zoning Bylaw,all of the allowed uses listed in Section 3
(a)(i) of the WPD Bylaw are allowed in the Non-Disturbance Zone except as noted. Section 4.136,
3(c)(ii)(2).states that the vegetation removal or cutting,other than in connection with agricultural
uses or maintenance of a landscape area is allowed by Special Permit. Since you did not do any
work within the Non-Disturbance Buffer Zone,.it does not appear that a Special Permit is required.
As you know,we have filed a Notice of Intent application with the North Andover Conservation
Commission and Massachusetts Department of Environmental Protection Agency for the work that
occurred,and work that is proposed within their jurisdiction. We are copying the North Andover
Planning Board on this letter since they have received a lot of calls pertaining to the work that you
did.
If you should have any questions regarding this information please do not hesitate to contact our
office. We look forward to assisting you in bringing,your property back into compliance with the
state and local regulations.
Sincerely,
WILLIAMS&SPARAGES
Greg J.Hochmuth,RS,PWS
Project Manager
cc: North Andover Conservation Commission
North Andover Planning Board