HomeMy WebLinkAboutMiscellaneous - 131 COTUIT STREET e
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
i
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(If different from applicant):cursor-
do not use the Vito R. lacoviello
return key. Name Name
131 Cotuit Street
rab Mai ng Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
remm
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
RDA 8/14/2008
Title Date
Plan of Land 10/15/2005
Title Date
Title Date
2. Date Request Filed:
8/14/2008
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
For the purpose of rebuilding of an existing retaining wall within the Buffer Zone to a Bordering
Vegetated Wetland.
Project Location:
131 Cotuit Street North Andover
Street Address City/Town
Map 23 Parcel 50
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 -Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill,dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore,said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev,10/6/04 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form Z — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives Limited to the original parcel on which the project is located,the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant.However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone,as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetland Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region.findvour.htm) and the
property owner(if different from the applicant).
n
Signatures: �, r
Date
wpaform2.doc•Determination of Applicability•rev.10/6/04 - Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.gov/dep/about/region findyour htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc•Determination of Applicability•rev.10/6104 Page 5 of 5
"ORT1i
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SACHUgE
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
131 Cotuit Street, North Andover
At the August 27, 2008 public hearing,the North Andover Conservation Commission(NACC)
voted to issue a Negative Determination of Applicability for the dismantling and reconstruction of a
failed gravity block retaining wail and the replacement of failed roof drains within the Buffer Zone
to a Bordering Vegetated Wetland (BVD.All construction is located outside of the 25-foot No
Build Zone.
Applicant: Vito Iacoviello
131 Cotuit Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability,prepared by Vito
Iacoviello,and received August 14,2008
Site plan entitled, "As-Built Plan Site Conditions" 129& 131 Cotuit
Street prepared by the Neve—Morin Group,Inc,dated October 14,
2005, and hand revised by the applicant in August 2008
Pre-Construction
❖ The work authorized hereunder shall be completed within one year from the date of this order.
❖ Two separate rows of staked hay bales backed by trenched siltation fence shall be placed below
the wall. The first row shall be placed at the 25-foot No Disturb Line and the second above the
tree line within the 25-foot No Disturbance Zone. The erosion control barriers will be properly
installed and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. Erosion controls shall be inspected by the Conservation Department prior to
the start of construction. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC. Should
additional measures be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
1600 Osgood Street,Building 20,Suite 2-36,North;Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://ivtv-w.townof iortli�uidover.com/Pages/N endo-,rerNLA,_Conservation/index
❖ Prior to construction,the applicant shall place four (4)wetland markers on trees along the 25-
foot No Disturb Line of the lot,incorporating the following text, "Protected Wetland Resource
Area". These markers can be purchased at the North Andover Conservation Department.
•:' Excess material and construction debris shall be properly disposed of off site and all stockpile
areas shall be located beyond the 50-foot No Disturb Line shown on the plan referenced herein.
❖ As discussed with the applicant in the field, dismantling of the wall shall occur in 20-foot(or
shorter) sections with disturbed portions of the wall to be rebuilt before additional blocks are
removed. If wall conditions require removal of sections longer than 20 feet,the contractor shall
have additional erosion controls on site including silt fence to direct surface water away from
disturbed soils and tarps to cover disturbed areas during rain event.
❖ Accepted engineering and construction standards and procedures shall be followed in the
completion of the project. This includes installation of%to 1 '/2 inch stone at the base of the
wall. All blocks to be reused in the new wall construction shall be inspected and cleaned prior to
use
❖ The North Andover Conservation Administrator shall inspect the site weekly during
construction.
Post Construction
❖ Immediately following completion of the work,any disturbed areas shall be permanently
stabilized against erosion. Stabilization shall include the installation of ten (10) shrubs below the
reconstructed wall. Shrub species may be chosen from the attached list. The area should also be
seeded with an appropriate seed mix.
❖ Once the site is adequately stabilized, the Conservation Department shall be contacted to
conduct a final site inspection.
❖ One full year following installation of the restoration planting area,the applicant shall submit a
monitoring report with photographs detailing the condition of the ten (10) plantings required.
The report should be submitted no later than October 1,2009.
1600 Osgood Street,Budding 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://wuxv.towaofnorth,,uidover.com/Pages/N.�ndover:NL-�_Conservation/index
s
Planting List for Restoration Area
Clethra alnifolia(Sweet Pepperbush) 18"-24" $9.00 $8.50 $8.00
medium-sized salt tolerant shrub Full sun Shy' 2'-3' $10.00 $9.50 $9.00
found in coastal and inland wetlands. FAC+ to partial eadows,
Sweet-smelling white flowers in July. shade forest 3'-4' �11.OtIUTIO.00'
Provides food and cover for birds.
Tolerates drier sites.
Comas racemosa(Gray Dogwood) 18%24"$10.00!$9.50 $9.00
medium to tall shrub that grows in a Full sun Forested 2'-3' $11.00$10.50$10.0
wide range of soil conditions. Tolerates FAC to full areas,
shade well. Spreads by roots.White shade drier site 3'-4' $12.00$11.50$11.0
ruit is eaten q birds in fall.
amamelis virginiana Witch Hazel) 18"-24" $9.00 $8.50 $8,00
all shrub or small tree.Grows in moist Partial Forested 2'-3' 10.00 $9.50 $9.00
woods. Tolerates partial sun to shade. FAC- shade to areas,
Small yellow flowers in fall.Seeds, full shadeldrier sitesi
3'4 r11.50w11.OT10.50j
buds, and twigs provide food for wildlife.
Back to top T
uniminus communis(Common
uniper)
Meadow
low-growing, drought-tolerant UPL Full sun and other 18"-24" 10.00 $9.50 $9.00
evergreen shrub. Berries area valuable' areas
wildlife food source. Forms a dense
mound of foliage 3-6).
Sambucus canadensis(Common
Elderberry) 18"-24" $8.501-$8.00 $7.50
Medium-height shrub(6-8),fast Shores, 2'-3' $9.50 $9.00 $8.50
rowing, spreads by root sprouts. Full to open
Found growing in wet meadows and FACW partial sun areas,
marshes.White umbel flowers in forests 3'-4' $11.00$10.50$10.0
summer form black fruit in fall.Valued
s food for many bird species.
Tolerates various soil conditions.
Vaccinum corymbosum(Highbush 18"-24" $8.50 $8.00 $7.50
Blueberry)
Full sun to Shores, 2'-3' $10.00 $9.50 $9.00
Medium-sized shrub(12)with aromaticopen
FACW partial
white flowers in spring. Berries highly shade areas,
slued as wildlife food source. Brilliant forests 3'-4' $12.00$11.5011.00
red fall color. Prefers acid soil. Good
landscape choice.
}
VIEbumum acedfolium(Maple Leaf 18"-24" $9.00 $8.50 $8.00
Viburnum) 74 $10.00 $9.50 $9.00
This small, dense shrub(3-6) is an UPL Partial to Forests,
important food source for birds and full shade drier sites
3'-4' $12.00$11.511.00
mammals. It has an interesting range
f autumn colorations.
VI"bumum dentatum(Northern
rrowwood) 18"-24" $8.50 $8.00 $7.50
Shores,
medium shrub(6-12)common in FACW
Full sun to open Z-3' $9.50 $9.00 $8.50
full shade areas,
hrub swamps and forested wetlands. forests
olerates partial shade and various soil V-41 r1l.0011"10.5 10.0
moistures. Spreads b basal suckering.
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1• Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town
.State Zip Code
r� Phone Number Fax Number(if applicable)
Project Location
return
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6104 Page 1 of 2
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request fora Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
http://www.mass.gov/der)/about/reaion/findvour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
I�
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2