HomeMy WebLinkAbout2012-12-20 Planning Board Supplemental Materials (22)
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
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