HomeMy WebLinkAboutMiscellaneous - 1080 TURNPIKE STREET 4/30/2018 (2)i
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
1080 Turnpike Street, North Andover
At the May 14, 2014 public hearing, the North Andover Conservation Commission (NACC) voted to issue
a Negative Determination of Applicability for the repair of an existing double retaining wall as shown on
the herein referenced plans within the Buffer Zone to Bordering Vegetated Wetland (BVW). The existing
walls are in disrepair and the repair work will stabilize the soil. The project will conform to the following:
Applicant: Dan Gill, EarthWorks
P.O. Box 565
North Andover, MA 01845
Owner: Paul Berzins
1080 Turnpike Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: May 1, 2014
Plan Titled: Conservation As -Built Plan from 1/14/04 (copy of a portion
of said plan with hand edits)
SPECIAL CONDITIONS:
1. Prior to the start of construction, the contractor will install erosion controls as approved by the
Conservation Department.
2. Once erosion controls are installed, the contractor will contact the Conservation Department to
schedule a preconstruction meeting to inspect the installed erosion controls.
3. Accepted engineering and construction standards and procedures shall be followed in the completion
of the project.
1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web. http://www.towno€iorthandovercom/Pages/NAndoverM-1_Conservation/index
4. No new impervious area (no additional pavement) shall be allowed as part of this project.
5. Excess soils or other material shall be properly disposed of offsite and shall not be stockpiled within
100' of the resource area.
6. Once construction is completed, all disturbed areas will be loamed and seeded.
7. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
1600 Osgood Street, Suite 2035, North Andover,11assachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Webhttp://�ww tovmofnorthandover.com/Pages/NAndove MA.-Conservation/index
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
PA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Dan Gill, Earthworks
Name
P 0 Box 565
Mailing Address
North Andover
City/Town
MA 01845
State Zip Code
Property Owner (if different from applicant):
Paul Berzins
Name
1080 Turnpike Street
Mailing Address
North Andover MA 01845
City/Town
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Conservation As -Built Plan (a copy of a portion of the plan) January 14, 2004
Title Date
Title
Title
2. Date Request Filed:
Mav 1. 2014
B. Determination
Date
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):
Repair existing double retaining wall within the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
1080 Turnpike Street
Street Address
Map 107C
Assessors Map/Plat Number
North Andover
City/Town
Parcel 9
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 08/13 Page 1 of 5
L71Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
°'!SPA Fora 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. 08/13 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
L71"
PA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Beterminaflon (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
❑ 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. 08113 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of (Resource Protection - Wetlands
WPB# Form 2 — Determination sof 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 Wetlands 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
sa
Date
❑ by certified mail, return receipt requested on
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/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-you r-
city-or-town.htmi) and the property oyvnenif different from the applicant).
Signatures:
IVnn
—6- Tl
o- Z-
S- e /
DateJI
wpaform2.doc • Determination of Applicability • rev. 08113 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
PA Fora 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/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.html) 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. 08/13 Page 5 of 5
Massachusetts Department of Environmentall Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
1
Massachusetts Wetlands (Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
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key to move
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do not use the
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7I�3!
A. Request information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
Project Location
Mailing Address
State
Fax Number (if applicable)
LIfJ UUUC
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
Fax Number (if applicable)
Zip Code
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability ($120)
❑ Superseding Order of Resource Area Delineation ($120)
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. 08/13 Page 1 of 2
Massachusetts Deparbnent of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for !Departmental Action l=ee 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 for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www. mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-
oour-city-or-town. html).
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. 08/13 Page 2 of 2
0 CMR 10.99
Form 8S.
A
�= Commonwealth
_- of Massachusetts
Rte. 114 Turnpike St, Lot -4
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c.131, §40
DEP File No.
Cily sown _
242— 716
fio De oroviaed by DEP)
North Andover
Aooucant Lawrence Sturdivant
Frcrn North Andover Conservation Commission Issuing Authority
139 Autran Avenue
To
Lawrence Sturdivant No. Andover, MA 01845
(Name) (Address)
Date of Issuance October 15, 1997 -
Ferragamo Equipu>ent and
This Certificate is issued for work regulated by an Order of Conditions issued to
Development Corp. dated 11/7/94 and issued by the NACC
It is hereby certified that the work regulated by the above -referenced Oraer of Conditions has
been -satisfactorily completed.
2.' ❑ It is hereby certified that only the following portions of the work regulated by the above -refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compiiance
does not include the entire project, specify what portions are included.)
0 It is hereby certified that the work regulated by the above -referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer vaild. No luture
worm subject to regulation unaer the Act may be commenced without fillnc a new Notice of Intent
anc receivinc a new Order of Conditions.
....................................................................................................:...................................
(Leave Soace Blank)
8.1
-.. 14ni;....
r "-
CONSERVATION DEPARTMENT
Community Development Division
August 1, 2011
Paul Berzins
1080 Turnpike Street
North Andover, MA 01845
RE: Selective cutting of two (2) trees within the buffer zone of a wetland resource area.
This is a follow up letter pertaining to your request to remove two (2) trees which are diseased
with insects and are dying and are in very close proximity to the power lines and driveway for
1080 Turnpike Street. The trees were identified during a site visit by the Conservation
Department on July 28, 2011. It was determined that the trees are located near 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, such as safety. The two trees are
in close proximity to the power lines and the driveway leading to the house and as such pose a
safety hazard. The two trees which are permitted to be removed are identified in the attached
photos.
Due to the potential danger imposed by the trees, the Conservation Department will permit the
removal to prevent possible injury or property damage. These cutting activities shall be limited
to the two trees identified and shown in the attached photograph and shall comply with the
conditions stated below.
The approved cutting will be subject to the following conditions:
❖ The work approved in this letter shall be completed by December 1, 2011.
❖ No machinery shall enter the 25' No Disturbance Zone.
❖ No work shall occur in resource areas.
❖ The round green wetland marker which is on "tree 1" is to be removed and placed on the
next closest living tree. If the existing wetland marker cannot be removed a new marker may
be purchased for $2 from the Conservation Department.
❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of
properly.
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com
❖ Stumps of the tree shall not be removed and shall be left in place. Stumps may be ground
down or cut flush with the landscape.
Care shall be taken to prevent damage to surrounding trees during removal of the approved
trees.
❖ 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.
Please do not hesitate to contact me should you have any further questions or concerns in this
regard.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
�� g,W�
Heidi Gaffney
Conservation Field Inspector
Cc: Jennifer Hughes, Conservation Administrator
Tree 1 which may be removed
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com
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