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HomeMy WebLinkAboutApplication - 305 ABBOTT STREET 10/11/2013 Request for Determination of Applicablillity Wetlands Protection Act and North Andover Wetlands By-law NORTH ANDOVER CONSERVATION COMMISSION Boberin LLC 303 Abbott Street—Lot I North Andover, MA October 2013 Wetlands & Land Management, Inc. 100 Conifer Hill Drive — Suite 516 IN Danvers, MA 01923 Wetlands & Land.Mana gem t9 Inc. 100 Conifer Hill Drive-#516 Danvers,MA 01923 -� 978-777-0004 Telephone 978-539-0005 FAX October 11, 2013 Jennifer Hughes XT 1 1 1013 North Andover Conservation Commission NORTH ANDOVER 1600 Osgood Street—Suite 2035 CONSERVATION COMMISSION North Andover, MA 01845 RE: Request for Determination of Applicability application Boberin LLC 303 Abbott Street—Lot 1 Dear Ms. Hughes and Conservation Commission Members: On behalf of the applicant, Wetlands &Land Management Inc. is submitting this Request for Determination of Applicability application to verify that the work shown on the attached plans is outside of all buffer zone and resource area pursuant to the Wetlands Protection Act and the North Andover Wetlands By-lay. As you know,the wetland boundaries on site were confirmed under an GRAD. We are aware there are wetlands and an ephemeral pool off site to the east. The distance from the property boundary to the wetlands was visually estimated and the corresponding "approximate"buffer zone from these wetlands is shown on the site plan. Note that the proposed house and septic system will be built well outside of the buffer zone. The plans show the proposed erosion control/limit of work on this lot to coincide with the approximate buffer zone line indicating no work is proposed within buffer zone. The applicant seeks a negative determination#4 and#6 that the proposed work is outside of Conservation Commission jurisdiction. Would you please schedule this matter for your earliest available meeting? Sincerely, Wetlands &Land Management, Inc. William J. Manuell Wetland Scientist For the Applicant Locus Map Source: United States Geological Survey � uil l m IV F Y � e .- 'C+t€1 th Afir over HEN( ill Yl I Iit .✓i F, c_ _� -Ti _ f 4 Se rc#A)fiE,T nip - 1 SCALE: 1:25,000 G�J Wetlands & Land Management,, Inca 100 Conifer Hill Drive - 9516 Danvers, MA 01923 978-777-0004 D � CLFav XT 1 12013 NORTH ANDOVER CONSERVATION COMMISSION Request for Determination of Applicability (WPA Form 1) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands North Andover City/Town �0D��� U���r�� 1 - Request for Determination ��f ��pK�K^cab^U^ty "t T North Andover Wetlands By-law Important: A. General Information OCT 1 12013 UU When filling out /. Applicant: NORTH ANDOVER forms on the computer, use - --' --- -- Corcoran only the tab key '-- ^ '~~^~~'~~ to move your 9 Whitney uumm-donot Mailing Address use the return 8oxford MA 01921 key. City[Town State Zip Code 617-512-9967 Phone� Ph Number U���� FuxNumber(if applicable) 2. Representative (if any): Wetlands and Land Management, | Firm VVU|iann yWonueU bill Contact Name E-Mail Address 100 Conifer Hill Drive-Suite 516 Mailing Address Danvers MA 01023 City /own steua Zip Code 978'777-0004 878-539-0006 Phone Number Fax Number(if applicable) B. Determinations � � 1. | request the North Andover make the following determination(s). Check any that apply: � Conservation Commission Fl a. whether the area depicted on plan(s)mnd/ormap(a) referenced below is on area subject to jurisdiction of the Wetlands Protection Act. L] b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: North Andover Name of Municipality F71 e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). °n°m,mt000 Page 1mx Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andover City/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover Wetlands By-law C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 303 Abbott Street—Lot 1 North Andover Street Address City/Town Map 38 Lot 20—Newly created lot 1 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): New Residential lot created from a recently submitted ANR plan. Property is 303 Abbott Street The new parcel is identified as lot 1 on the ANR plan. The new lot is currently wooded and vacant. c. Plan and/or Map Reference(s): Site Development Plan, Sheet C1, by D.C. MacRitchie, Inc. 10/10/13 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): See Attached Project Description. All work is outside of Buffer Zone. Applicant seeks negative determination to affirm this. wpaforml.doe Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andover City/Town ILI WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover Wetlands By-law C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 817/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andover � CitylTown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover Wetlands By-law D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Regina Bomba, c/o Attorney Michael Manzi Name 280 Merrimac Street, Suite B Mailing Address Methuen CityTrown MA 01844 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. 10-11-13 Signature of Applicant Date ) o-- L M 4-1 tiGGf 10-11-13 Signature of epresentative(if any) Date wpaforml.doc Page 4 of 4 WETLANDS LAND p G N papa EXPLANATION AMOUNT 100 CONIFER HILL DRIVE#516 51 7218.2211 DANVERS,MA 01923 (978)777-0004 4426 CHECK PAY (2 VV-- -3k-'v) DOLLARS AMOUNT u �e'x {{ DATE ,t TO THE ORDER OF HRS GROSS SOC.SEC�.^/ MED. FEE:W:lTH. STATE ,� Lu�ll �''ld / f is .-�/(d II'�J''^-'> (1 H ✓V Y� Pid z e l-'' ` DESCRIPTION leb Unit dank 0004 2611® i® 2 2 1 & 7 2 ;861® 005560 19 �, 1ill Notification to the Property Owner WVetland s & Land Management, Inc. 100 Conifer Hill Drive-9516 Danvers,MA 01923 978-777-0004 Telephone 978-539-0005 FAX October 11, 2013 Attorney Michael Manzi For Owner Regina Bomba 280 Merrimac Street Suite B Methuen,MA 01844 RE: 303 Abbott Street Lot 1 Request for Determination filing with the Conservation Commission Dear Attorney Manzi: Please be advised,the owner is notified that a Request for Determination of Applicability has been filed for the portion of your client's property identified as Lot 1 on the recent ANR plan. I had previously sent to your for your endorsement, a Notice of Intent application for this lot which you endorsed and returned to me. An Order of Resource Area Delineation has been recently issued for this site and we are confident of the wetland boundaries affecting Lot 1. The site plans have been revised to remove all work from the limited amount of buffer zone on this lot. Accordingly,the applicant will no longer file an NOI,but is now opting to file a Request for Determination of Applicability, seeking a negative determination. In accordance with the requirements of WPA Form 1, I am sending this application to you as the owner's representative via certified mail. There is no action required on your part. The Conservation Commission meeting will on October 23, 2013 where I expect the applicant will receive a negative determination for this lot. Please call with any questions. Sincerely, Wetlands & Land Management, Inc. M E� William Manuell For Boberin LLC Abutter Informatieli Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) NORTH ANDOVER REQUIREMENT: M3L 40A,Section 11 states In part Tartles In Interest as used In this chapter shall mean the petitioner, abutters,owners of land directly opposlteon any public or private way,and abutters to abutters within three hundred(300)feel of Ore property line of the petitioner as they appear on the most recent appOcabie tax list,not withstanding that the land of any such owner is located in another city or term,the planning board of the city or town,and the planning board of every abutting city or town." Sui�eot Property: MAP PARCEL Name Address 38 20 Regina Bomba 303 Abbott Street,North Andover,MA 09845 c/o Michael Manzf Iii 260 Merrimac Street Suite B,Methuen,MA 01844 Abutters Properties M51P Pam Name Address 38 7 Wayne Nleml 275 Abbott Street,North Andover,MA 01845 38 12 Shawn Bernard 386 Marbleridge Road,North Andover,MA 01845 38 78 Laurie Atria 225 Abbott Street,North Andover,MA 01845 38 89 Paul O'Neill,III 339 Abbott Street,North Andover,MA 01845 38 92 338 Abbott Street Realty Trust 338 Abbott Street,North Andover,MA 01845 38 159 David Solomon 250 Abbott Street,North Andover,MA 01845 38 255 Town of North Andover 120 Main Street,North Andover,MA 01845 38 304 Todd Fawaz 144 Thistle Road,North Andover,MA 01845 38 305 Erick Lucera 138 Thistle Road,North Andover,MA 01845 38 306 Derek Rhodes 120 Thistle Road,North Andover,MA 01845 38 307 Mark Fischer 104 Thistle Road,North Andover,MA 01845 38 308 Robert Kasper 96 Thistle Road,North Andover,MA 01845 38 309 Venu Pillai 84 Thistle Road,North Andover,MA 01845 38 310 Hong An 70 Thisbe Road,North Andover,MA 01845 38 311 Amll Patel 64 Thistle Road,North Andover,MA 01845 38 312 North Andover Land Corp 60 Beachwood Drive,North Andover,MA 01845 38 313 Christopher Ham 34 Thistle Road,North Andover,MA 01845 38 314 Boris Bel 28 Thistle Road,North Andover,MA 01845 38 319 Sharon Wondrasch 345 Abbott Street,North Andover,MA 01845 38 329 Brian Carr 22 Thistle Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Asses ''-q office as of Certified by: ,ew °��.. , Date .S�0 I NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act The North Andover Wetlands Protection Bylaw In accordance with the Massachusetts General Laws,Chapter 131, Section 40, as amended,and the North Andover Wetlands Protection Bylaw, (Chapter 178),you are hereby notified of the following: The name of the applicant is S A e rl,-) L L C The applicant has filed a4 P. y/ � with the North Andover (application) Conservation Commission(NACC)for the purposes of .,f, (pr jest description) J X,r-lam fJ C_0 1A.1 r,ts.S vk, d yrl 'sarrL�lUv1 (site address) The North Andover Conservation Commission will hold a public hearing on WEDNESDAY,I U Z 3 _ 1 3 at 7:00 P.M.at the Town Hall,120 Main (date) Street,2°d Floor Meeting Room,North Andover,MA 01845. Copies of the �0/A may be examined or obtained for a fee from: (application) (check all boxes that apply): ❑ Applicant at Representative at t b_8 L/'di %-if/ q0r #:7 516 IJ g n v 5 .� �►,i1 Gil 2. 3 ❑q Conservation Department, 1600 Osgood Street,North Andover,MA 01845 Monday through Thursdays 8:00 a. m.to 4:30 p.m. Tuesday 8:00 a.m.to 6:00 p.m. Friday, 8:00 a.m. to12:00 p.m. Please call the Conservation Department at 978.688.9530 beforehand to verify arrangements. Copies may be available for a fee. Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from the Conservation Department at 978.688.9530. NOTE: Notice of the public hearing,including its date,time,and place will be published in the Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing date. NOTE: Notice of the public hearing,including its date,time,and place will be posted in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to the public hearing date. NOTE: You may also contact the Conservation Department or the Northeast Regional Department of Environmental Protection Office for more information about this application or the MA Wetlands Protection Act.To contact the Northeast Regional Department of Environmental Protection Office,call 978.694.3200. Attachment A Project Description Project Description Discussion of Proposed Conditions and Wetland Resource Areas 303 Abbott Street—Lot 1 Introduction The proposed project involves clearing and grading within buffer zone where the proposed new home is outside of buffer zone. The site is a newly created ANR lot. The project site is slightly larger than one half acre. There are no wetlands on this parcel. Wetlands are on an abutting lot to the east. Presently,the site is wooded and undeveloped. Abbott Street provides road frontage to the front or west. Other undeveloped lots abut the site to the north. The area directly to the east is wooded and undeveloped as well. There is a residential home directly to the south of this site. The topography of the site is gently to moderately sloping towards the rear/easterly. The highest portion of the site is the front of the lot and the land slopes towards the rear. Bordering Vegetated Wetlands Wetlands affecting this site are well of the property and down a moderate slope. We had no authority to enter and flag wetlands on the abutting parcel, however the extent of the wetlands was visually assessed and the distance approximated from several locations along the rear property line of this lot. This wetland is roughly 85 to 90 feet from the rear lot line. The buffer zone of this wetland system extends onto the subject parcel by 10 to 15 feet. Ephemeral Pool offsite to the East The Conservation Commission agent informed the applicant's representative that an ephemeral pool occurs within the off site wetlands to the east. The wetland within which this ephemeral pool is located is roughly 85 to 90 feet off the rear property boundary. 2 Because of the separation to this ephemeral pool, we did not spend field time to ascertain the mean high water limits of the pool. Ephemeral Pool Habitat, 50 foot No-Disturb and 75 foot No build Zone Because the ephemeral pool is so far off site,we assumed the edge of wetlands to the east was sufficient to determine appropriate setbacks for the ephemeral pool. A 100-foot zone was extended from the edge of wetlands to the east. Within this zone, the 50-foot ephemeral pool no disturb zone and 75-foot ephemeral pool no build zone are marked on the project plans. 25 foot No Disturb Zone and 50 foot No Build Zone form all other wetlands For all other adjoining buffer zones, a 25-foot no disturb zone and 50-foot no-build zone are identified on the project plans. Buffer Zone All areas within 100 feet of wetland resource areas are a protected resource area pursuant to the North Andover Wetlands By-law. This zone is marked on the project plans. Rare Species A review of the 2008 edition of the Massachusetts Natural Heritage Atlas indicates there are no certified vernal pools or rare wetlands habitat on the project site. The Conservation Commission agent reports there is a potential ephemeral pool within the wetlands to the east. Proposed Work The proposed work will involve clearing and grading work related to house and yard construction. All house construction and septic system construction are limited to areas outside of buffer zone. Installation of the proposed erosion controls will be the first step in the construction process. The allowed limit of site disturbance is established by the location of the erosion control barrier. Clearing and grading will occur very early in the site preparation sequence. Trees are felled and taken off site. Trees may be chipped in entirety or processed for firewood. The area is grubbed and stumped and all stumps are taken off site to a grinding facility. 3 All clearing work is outside of the North Andover no-disturb zone and beyond any ephemeral pool setback limits. Once the clearing and grading is complete, final site stabilization will occur. Because of the season,the contractor should fine grade, loam and seed areas outside of the immediate house construction site as early in the project as possible. This will allow maximum time for grass seed to germinate and grow before late fall or winter conditions. Final grading and seeding will occur late in the growing season. Depending on weather conditions, disturbed areas may have to be mulched and protected over the winter until conditions are right to grow grass cover next spring. The use of winter rye to seed and stabilize ground surfaces may be necessary if seeding occurs in October or November. The siltation barriers will remain in place until the lawn is well established. Avoidance of Impacts to Bordering Vegetated Wetlands Silt fencing will be installed between the work area and adjacent resource area. This will prevent sediment migration beyond the work area and provide a visual reminder of the work area limits. The work is compliant with all local by-law setback requirements. All disturbed areas will be loamed and seeded as soon as possible in the construction sequence. Alternatively, if the growing season has ended before the home is constructed, disturbed soil areas will be mulched to prevent soil erosion.