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HomeMy WebLinkAboutMiscellaneous - 102 PENNI LANE 4/30/2018 (3)CONSERVATION DEPARTMENT Community Development Division August 7, 2014 Milind & Priya Heble 102 Penni Lane North Andover, MA 01845 RE: Tree stump within the buffer zone of a wetland resource area. This is a follow up letter pertaining to your request to remove the tree stump at your home at 102 Penni Lane. The tree stump was identified during a site visit by the Conservation Department on August 6, 2014. It was determined that the stump is located at or within the 25' No -Disturbance Zone pursuant to the North Andover Wetlands Protection Bylaw (C. 178 of the Code of North Andover). Removal of vegetation, including pruning and cutting, is prohibited within the No -Disturbance Zone except in rare circumstances. The tree reportedly uprooted during a storm and the stump is now left. The root mass can be tamped back into the ground and the stump can be cut flush or ground down. The root mass/stump is not to be removed/excavated. Removal of the stump would require submitting an application to the Conservation Commission to be reviewed at a public hearing. The approved work will be subject to the following conditions: ❖ No machinery shall enter the 25' No Disturbance Zone. ❖ No work shall occur in resource areas. ❖ Stump of the tree shall not be removed but may be ground down or cut flush with the landscape. ❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized. ❖ The applicant shall notify this department immediately following completion of work for a final site inspection. ❖ Areas within 100 -feet of wetland resource areas shall remain in a natural state and no further vegetation shall be removed without the prior approval of the Conservation Department/ Commission. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandever.com Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Heidi Gaffney Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com L7']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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ rerom A. General Information From: North Andover Conservation Commission To: Applicant Karen French Name 102 Penni Lane Mailing Address North Andover City/Town MA. 01845 State Zip Code Property Owner (if different from applicant): Same Name Mailing Address City/Town State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA Title Plan of proposed subsurface sewage disposal system Title i itie 2. Date Request Filed: 5/17/06 B. Determination 5/17/06 Date 4/28/06, revised 5/11/06 Date 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): Limited grading associated with the installation of a subsurface sewage disposal system within the Buffer Zone to a Bordering Vegetated Wetland Project Location: 102 Penni Lane Street Address Map 107D Assessors Map/Plat Number North Andover City/Town Parcel 65 Parcel/Lot Number wpaform2.doc • rev. 3/1/05 Page t of 5 L71Massachusetts 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 • rev. 3/1/05 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability L7'' ]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 condition ❑ 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 • rev. 3/1/05 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 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 Na 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 Attachment) and the property owner(i�f efferent from the ar)Dlicantl. 41 1 Q Date wpaform2.doc • rev. 3/1/05 Page 4 of 5 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 102 Penni Lane, North Andover At the June 14, 2006 Conservation Commission public hearing the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for limited grading associated with the installation of a subsurface sewage disposal system within the buffer zone to a BVW at the above referenced property. Applicant: Karen French 102 Penni Lane North Andover, MA 01845 Record Documents: Request for Determination of Applicability received May 23, 2006. Site plan entitled, "Proposed Subsurface Disposal System", prepared by New England Engineering Services dated April 28, 2006, revised May 11, 2006. Stamped & signed by Benjamin Osgood, Jr., P.E. Pre -Construction ❖ Prior to construction, the applicant shall permanently mark the edge of disturbance with seven (7) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain. these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. •:° Erosion controls shall be properly installed as shown on the approved plan ❖ Immediately following completion of the above-mentioned items, the applicant shall contact the Conservation Department to schedule an on-site pre -construction meeting. The applicant and contractor must be present at this meeting. This Determination shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 48 hours). Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion. Once the site is adequately stabilized, the Conservation Department shall be contacted to conduct a final site inspection. Massachusetts Department of Environmental Protection L7 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 Attachment) 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 • rev. 3/1/05 Page 5 of 5 L7'Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses � ]Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 Acton Charlton Hopkinton DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Suite 402 Alford Cummington Hatfield Monterey Richmond Ware Springfield, MA 01103 Amherst Dalton Ashfield Deerfield Hawley Heath Montgomery Monson Rowe Warwick Phone: 413-784 1100 Becket Easthampton Hinsdale Mount Washington Russell Sandisfield Washington Wendell Fax: 413-784-1149 Belchertown East Longmeadow Holland New Ashford Savoy Westfield Sterling Bemardslon Egremont Holyoke New Marlborough Sheffield Westhampton Oxford Blandford Erving Huntington New Salem Shelburne West Springfield Lunenburg Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Groton Buckland Gill Lee Northampton Southampton Whately Bolton Charlemont Goshen Cheshire Granby Lenox Leverett Northfield South Hadley Wilbraham Chester Granville Leyden Orange Otis _Southwick Springfield Williamsburg Williamstown Wilmington Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Tyngsborough Chicopee Greenfield Ludlow Pelham Sunderland Worthington Royalston Clarksburg Hadley Middlefield Peru Tolland Hamilton DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Worcester, MA 01608 Ashby Douglas Hudson New Braintree Shrewsbury Webster Phone: 508-792-7650 Athol Auburn Dudley Dunstable Holliston Lancaster Northborough Northbridge Southborough Southbridge Westborough Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Boylston West Brookfield TDD: 508-767-2788 Barre Fitchburg Leominster Oakham Sterling Westford Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Weymouth Boxborough Hardwick Medway Phillipston Townsend Wilmington Boylston Holden Mandan Princeton Tyngsborough Winchester Brookfield Hopedale Milford Royalston Upton Winthrop DEP Southeast Region Abington Dartmouth Freetown Matlapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Lakeville, MA 02347 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Phone: 508-946-2700 Avon Barnstable Duxbury Eastham Halifax Hanover New Bedford North Attleborough Rochester Rockland Wellfleet West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport TDD: 508-946-2795 Bourne Brewster Easton Edgartown Harwich Kingston Norwell Oak Bluffs Scituate West Tisbury Bridgewater Fairhaven Lakeville Orleans Seekonk Sharon Whitman Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Westwood Chatham Foxborough Marshfield Plymouth Swansea Weymouth Chilmark Franklin Mashpee Plympton Taunton Wilmington DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Boston, MA 02108 Arlington Ashland Cohasset Concord Hull Ipswich Middleton Millis Reading Waltham Phone: 617-654-6500 Bedford Danvers Lawrence Milton Revere Rockport Watertown Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley TDD: 617-574-6868 Beverly Dover Lincoln Natick Salem Wenham Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester -By -The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc - DEP Addresses - rev. 10/6/04 Page 1 of 1 ' LJ\ 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab r� A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Mailing Address uny/ i own rnone Number Project Location Mailing Address State Zip Code Fax Number (if applicable) 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 Phone Number 3. DEP File Number: B. Instructions State Zip Code Fax Number (if applicable) 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. 10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form - L7� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 U. 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 for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Attachment A). 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. wpaform2.doc • Request for Departmental Action Fee Transmittal Form - rev. 10/6/04 Page 2 of 2