T.D.J. DEV. v. CONSERVATION COMM., N. ANDOVER

No. 92-P-1094.

36 Mass. App. Ct. 124 (1994)

629 N.E.2d 328

T.D.J. DEVELOPMENT CORPORATION vs. CONSERVATION COMMISSION OF NORTH ANDOVER & another.

Appeals Court of Massachusetts, Essex.

February 28, 1994.


Attorney(s) appearing for the Case

Joel B. Bard for the defendants.

Mark B. Johnson for the plaintiff.

Present: DREBEN, KASS, & PORADA, JJ.


PORADA, J.

Pursuant to the Wetlands Protection Act, G.L.c. 131, § 40, and the town's wetland protection by-law, chapter 178, the plaintiff filed a notice of intent with the conservation commission of North Andover for the filling of 250 square feet of bordering vegetative wetlands and the performance of work in the buffer zone adjacent to the wetlands in order to construct a roadway in its subdivision. The commission approved the work subject to forty-six conditions...

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