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Home My WebLink AboutLAWRENCE MUNICIPAL AIRPORT COMMISSION i iP, 4 Dufresne-HermInc- �'QR �OH r ;1 i Consulting Engineers 278 Main St.Suite 205.Greenfield,MA 01301-3230.Tel:413.773.3642.Fax:413.774.5820.E-mail:dhgreen@valinet.com ,J J41 April 22, 1999 � nj Massachusetts Department of Environmental Protection ATT: Wetlands Unit APR 2 i 1999 205A Lowell Street Wilmington, MA 01887 NIORTH AN0 SVP CONSERVA7)ON re: Request for Superseding Order of Conditions Lawrence Municipal Airport Wetland Restoration Project Order No. 242-951 The Town of North Andover Conservation Commission issued an Order of Conditions pursuant to the Massachusetts Wetlands Protection Act (MWPA) and Town of North Andover Wetlands Protection Bylaw (the "Bylaw") on April 8, 1999 which was received by the Lawrence Municipal Airport on April 12, 1999. The Order contains numerous special conditions (some of which appear to have been issued strictly pursuant to the Bylaw, while others appear to have been issued under both statutes) which are objectionable to the Lawrence Municipal Airport and do not provide for protection of the interests of the Act. The applicant has the following specific objections: 1. It is difficult to determine which special conditions apply to the Massachusetts Wetlands Protection Act (MWPA) and which apply only to the North Andover Wetlands Protection Bylaw. Furthermore, it is not clear if all of the Special Conditions apply to the project (#18 through 964) or only those Special Conditions listed on Page 3 of the Order (31, 43, 44, 45, 46, 48, 58, 61). It is assumed herein that all of the Special Conditions listed in the Order of Conditions apply to the project and not just those listed on page 3 of the Order. 2. On Page 3 of the Order there is a space to list which Special Conditions apply only to the North Andover Wetlands Protection Bylaw and it was left blank. Does this mean the listed Special Conditions only apply to the MWPA, or that all of the listed Special Conditions apply to both statutes? While there is mention of the "Bylaw" in the text of some of the Special Conditions, it is not clear if these apply only to the "Bylaw". For'this reason, it is assumed herein that it was the intent of the North Andover Conservation Commission to apply all of the Special Conditions pursuant to both statutes. Corporate Headquarters: Area Offices: Portland,Maine Port Charlotte,Florida North Springfield,Vermont Boston,Massachusetts Manchester,New Hampshire Naples,Florida www.d-hinc.com Greenfield,Massachusetts Montpelier,Vermont Sarasota,Florida Westford,Massachusetts South Burlington,Vermont �J PnnteC on R—.Paper i Com, G�- �' ' �� 0�'� �- �� ,,� � C�� _ �� Page 2 of 4 MaDEP April 22, 1999 3. The project consists of the restoration of two wetland areas. The restoration plans contained in the Notice of Intent contain detailed construction sequences and a listing of required materials which leave no question as to how and when the restoration is to be completed. The Applicant believes that sufficient restrictions are already contained in the Notice of Intent, and that to have to address over 40 additional special conditions for a restoration project actually complicates the project rather than protecting the interests of the Act. 4, Special Condition#31: This condition attempts to control work within the buffer zone by permanently restricting any use of extensive upland area in perpetuity (25-foot no disturbance and 50-foot no construction zones). This is in effect stating that no activity can be completed within these areas even if it does meet the performance standards for the various resource areas, and that no "limited projects" can be completed in these areas. We know that this is not the case, as the Massachusetts Department of Environmental Protection has issued permits for work within these zones in the past, and, in doing so, agrees that the interests of the Act can and have been protected. The applicant objects to this condition and requests that it be removed from the Order, and also requests that no such restrictions be placed on the airport. 5. Special Condition#45: It is estimated that the required performance bond amount is approximately 10-12 times the amount required to perform the work. The purpose of a bond is normally to ensure that funds are available to adequately complete the work in the Notice should the Applicant fail to complete all or a portion of the project. The amount required by the Conservation Commission is completely unrealistic for the intended purpose. Additionally, the amount of the bond will place an undue financial burden on the City of Lawrence, as it is likely that the bond will remain with the Conservation Commission for up to two years. The Applicant objects to the requirement for a bond under the MWPA and the "Bylaw", and believes that there is sufficient legal protection in place to ensure the satisfactory completion of the work. It is requested that this condition be removed from the Order and that no bond be required to complete the restoration. CJ Pnmetl on Recyuep Paper Page 3 of 4 MaDEP April 22, 1999 6. Special Conditions 960 and 964: Prohibition of herbicides will unnecessarily restrict the alternatives to be presented in the airport's Vegetation Management Plan, which is now being developed, and will be submitted to the Conservation Commission this summer. The use of herbicides at airports is an approved vegetation management method as outlined in the Airport Tree Clearing Limited Project and GEIR(approved by MEPA). Also, MGL Chapter 132B grants sole authority to regulate herbicide use to the Pesticide Control Act. As stated in MGL Chapter 13213: "The exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth shall be determined by this chapter." Therefore, the MGL Ch. 130 5.40 is pre-empted and cannot be used to restrict herbicide us in this case. Additionally, the use of herbicides allows for the long-term management of woody vegetation in wetland areas where grubbing (the most feasible alternative to herbicides) can result in significant wetland alterations. Herbicide use can reduce or completely eliminate the need for grubbing. For these reasons, the Applicant objects to these conditions. 7. Special Condition#61: This is an extremely vague condition. There are over two miles of wetland boundary on the site, most of which is not accessible due to security fencing. If the markers are required at regular intervals over the entire site say every 3 0 feet, that would result in over 3 50 signs many of which would never bee seen. Since the Commission did not specify in the Order the frequency of the signs, they can essentially require any frequency of installation, and the airport will have no say in the matter. The Applicant objects to this condition, and believes that the presence of work restrictions within both statutes is sufficient to control future work. Additionally, a wetland boundary master plan is presently being prepared by the airport, which will effectively map areas of jurisdiction for the property. It is requested that, if any Special Condition is issued relative to marking the areas, that the aforementioned master plan be sufficient to address the condition. The Applicant herein requests that the Massachusetts Department of Environmental Protection issue a Superseding Order of Conditions for the proposed Lawrence Municipal Airport Wetland Restoration Project pursuant to the Massachusetts Wetlands Protection Act. It was the intention of the Applicant to complete the restoration work on or about June 1, 1999 in order to address the wetland disturbance issue as soon as the weather allowed, and to bring a rapid closure to this tJ vrmred n Reryciea Paper Page 4 of 4 MaDEP April 22, 1999 matter. However, due to the Order of Conditions issued by the North Andover Conservation Commission, the area will not be restored in the intended timefreame. It is unfortunate that the Commission decided to issue an Order which was so restrictive that the Applicant had no choice but to file an appeal. It is believed that, at a minimum, the bond amount and perpetual buffer zone restrictions would have to be removed to resolve this matter. If you have any questions regarding this request, please contact this office. Sincerely, DUFRESNE-HENRY, INC. andall P. ensen Senior Environmental Scientist cc: VNNorth Andover Conservation Commission City of Lawrence; ATT: Atty. Carol McGravey Lawrence Airport Commission; ATT: Mr. Marshall MacKinen (2 copies) Mass. Aeronautics Commission; ATT: Mr. Richard Doucette tJ Pooled cn Recyueo Pacer Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-951 WPA Appendix E . Request for Departmental Action Fee Transmittal Form k i and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. P!ease type or print clearly ail Request Information information requested cn this form. 1. Person or party making request(if appropriate, name the 2. Apolicant(as shown on Notice of Intent,Abbreviated Notice cadzen group's representative): of Resource Area Delineation,br Request for Determination LAWRENCE MUNICIPAL AIRPORT COMMISSION of Applicabiiity): „ ':.;ire LAWRENCE MUNICIPAL AIRPORT C.OMMIS.SION 492 SUTTON STREET ware tl v.'r.C�ccre 492 SUTTON STREET NO. ANDOVER tikr;ir�tcc s #Town NO. ANDOVER MA 01845 C.:fircwn 5;.,e z;a,,,,de MA 01845 978 794-5880 store Zia Cuce re,t�,r 978 794-5880 Pla?e`Irirrcer F.,x.vumce<;"ri.cc!iacie! Fix`1umcw;:f apersacrel Prciec:Lcc:.tion: DEP File Number: 492 SUTTON STREET 242-951 NO. ANDOVER C.!yTcwn Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form, state c!early and concisely the objections to the Determination or Order $ Superseding Order of Conditions which is being appealed.To the extent that the Determina- Superseding Determination of Applicability tion or Order is basad on a municipal bylaw,and not on the Supersecing Order of Resource Area Delineation Massachusetts Wetlands ProteC:ion Act or regulations.the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of rl7assachusetts,to: 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or sox 4062 Order by certified mail or hand delivery to the appropriate sestcn, ,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant, if he/she is not the appellant. ..,,J.._.,._.�__._,.......v...a,._v.�...a.....a„�..,.._..v.�.�.._.u,�............... .o.a.....a.,a�._...�.��.....�.um.v..,.....m....,a..�DATE.-.,._.-INVOICE v,. AMOUNTwm....,..am,,.._.�.�.,-..�.�.��..v,„._.5-13....,.._.._ DUFRESNE-HENRY, INC. 110 278 MAIN STREET SUITE 205 2579 GREENFIELD,MASSACHUSETTS 01301. 4131773-3642 CHECK PAY DOLLARS AMOUNT laisimia r: REMOk ' DUFRESNE-HENRY,INC. net (, 111002S791” I:0 L L000 L 381: L9900 00191311' .•..-.-<•.••..�.•«amu-••-.�..aa--•^..��-. -SECURITY FEATURES.MICRO PRINT BORDERS-COLORED BRICK PATTERN-WATERMARK 8 CARBON STRIP ON REVERSE SIDE-MISSING FEATURE INDICATES A COPY-------"—'