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Home My WebLink AboutMiscellaneous - 120 LIBERTY STREET 4/30/2018 (3) 1 L -5-afe tAORTH 16 0 ✓ .. �. ... O •c - 'p14comi" wKw`V ORATED-ACH-" CONSERVATION DEPARTMENT Community Development Division November 20,2012 Grace Fu Palma 120 Liberty Street North Andover, MA 01845 . RE: Selective removal of one (1) storm damaged white pine tree within the buffer zone of a wetland resource area. This is a follow up letter pertaining to your request to remove one.(1)'White Pine (Pinus strobus) tree which fell onto the fence and into the back yard of 120 Liberty Street. The tree was identified during a site visit by the-Conservation Department on November 13, 2012. It was determined that the roots and a portion of the trunk of the tree is located within the wetland and the remainder of the tree is 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, includingpruning and cutting, is prohibited within the NO-Disturbance Zone except in rare circumstances, such as for safety. Portions of the tree that can be reached from machinery located on the driveway may be removed, however the stump must remain in place. The tree is identified in the attached photo. The approved cutting will be subject to the-following conditions: ❖ The work approved in this letter shall_hecompleted by March 31,2012. ❖ Machinery shall remain on the existing driveway. ❖ No work shall occur in resource:areas. ❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of properly. ❖ The stump of the tree shall not be removed and shall be left in place. 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. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com ;,rte` , w��w- `��i£".,�� S• p x. S! — ' �� "`�,-. . c+fi �' F�`. y1�e�Cw,�.;�— '*� � 1t� a�. 'HC�° xY -"� �✓�,,,,SFR''" - 4's r "X i rrb a � �x 't:�": �e ti '• 1.Y I �.�.`i .s�` �„_ Via" - h §` x t93a a \r e w x x 8 "' � TA413 � � b .tiy• < rrk a»� G a' }3 t f.'" •3- .�e' i.�„« 1 S ,c.- +£ w .�tr t°a 411ya+ n s A' .d,.k i ED + �i DEQE File No. a�o— 3� - "' (To be provided by DERE) - - —_ Commonwealth ' b CitylTown of Massachusetts Applicant Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit 3 S A & and cinder the Toum of Nortiz Andover ByLaw,. ,Chapter . 3 .Secti.on Part I:General Information Liberty Street, North Andover, MA 1. Location.Street Address Lot Number #1 2. Project:Type Residential Description 1 qJ nq1 P Eami i h hike lets w � • r driveways, -septic systems and wood f, ap Pini jaitb aondre-te fn"�atii i 3. Registry:County Essex north ! Current Boo &Page_ �� Certificate(if Registered Land) 4. Applicant Republic Development Corp Tel. 777-47�— Address-1':q 2111 � IE:!1!2 5. Property Owner Same Tel. • Address 6. Representative Leon D. Elliott Tel. 777—d743 Address175 Andover Street, Danvers, MA 7. Have the Conservation Commission and the DEQE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents? Yes l3 No 0 CONSERVATION DEP'AR'I'NtEN'I' Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 120 Liberty Street- North Andover At the August 27,2014 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability to,construct a 9' x 10' enclosed 3-season sunroom with aluminum roof and screen windows on-the existing deck with two (2) new sono-tube footings.Work will not extend beyond the existing footprint and willremain 50' from all wetland resource areas. The project will.conform to the following: Owner: Jerry Palma 120 Liberty Street North Andover,NIA 01845 Representative: Daryn Gladstone Clearview Sunroom&Window 21 Westwood Circle Dover,.NH 03820 s Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: August 1.4,2014 Wetland Delineation Report&Plan Prepared by: Robert.Prokop, CWS/PWS,Wetland Consulting Services Dated: August 1,2014 SPECIAL CONDITIONS: 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the project plans and is aware of the wetland resource areas and the limits of the proposed work. A preconstruction meeting shall be held with the Conservation Department to review the project and the proposed construction schedule. 2. Erosion controls are not required at this time. If conditions change, erosion controls will be installed at the discretion of the Conservation Department. 1600 Osgood.Street,Suite 2035,North Andove.%Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.town£northandover com/Pages/NAndoveddA.Conservation/�- dcx 3. Excess soils or other material shall be properly disposed of off-site. 4. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. 1 j n- 1600 Osgood Street,Suite 2035,North Andover,Wssachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http.//www townofaDtd an&mcom/Pages/Ni�ndaverMA Conservation/index Massachusetts Department of Environmental Protection WLIBureau of Resource Protection -Wetlands PA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.C .L. c. 131; §40 A. {General information - Important: From: When filling out forms on the . North Andover - computer,use Conservation-Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor do not use the Jerry Palma return key. Name Name . 120 Liberty Street un Mailing Address Mailing Address North Andover. MA. I 01845. State Zip Code , City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: July 31, 2014 Plan of Land Date Title . Date Title Date Title 2. Date Request Filed: August 14; 2014 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): Construction of a sunroom within the Buffer Zone to Bordering Vegetated Wetland. i Project Location: 120 Liberty Street North Andover Street Address City/Town Map 90B Parcel 56 Assessors Map/Plat Number Parcel/Lot Number Pagel of 5 wpaform2 doc•Determination of Applicability•rev.08113 LlMassachusetts 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 B. Determination. (cont.) t ` 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. .. . f ❑ 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 ren ursuant t o theWetlands Protection Act and its regulations regarding it g p , such boundaries for as long as this Determination is valid: I ❑ 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.. i i ❑ 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 i wpaform2.doc•Determination of Applicability•rev.08/13 Page 2 of 5 I { Massachusetts Departrnent of Environmental Protection Bureau of Resource Protection -Wetlands PA Fora 2 Determination ofApplicability 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]ntent 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 tlie.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. I Alternatives limited to the original parcel on which the project is located, the subdivided reasonably be obtained within d an other land which can y parcels; any adjacent parcels, an y the municipality. 17T.Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. i Negative Deterriiination 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. Page 3 of 5 wpaform2.doc•Determination of Applicability•rev.08113 Massachusetts Department of Envr;r®nmenta'I !Protection LlBureau of Resource Protection -Wetlands WPA Fortes 2 ® Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) i ❑ 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) i ] 6. The area and/or work described in the Request is-notsubjectto review and approval by: North Andover Conservation Commission Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Ordinance or Bylaw Citation Name C. Authorization This Determination is issued to the applicant and delivered as follows: [] by hand delivery on [ by certified mail, return receipt requested on 92 Date Date I This Determination is valid for three years from the date of issuance (except Determinations for or the duration of the.Plan). This Determination does not Vegetation Management Plans which are valid f 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 hftb://www.Mass.gov/eea/agencies/massdep bouttc6ntacts/fnd-thEi-massdep-regiona-office-for-your- city-or-town.htm and the property owner(if different from the applicant). Signatures: Date Page 4 of 5 wpaform2.doc•Determination of Applicability•rev.08/13 l Massachusetts Depart neat of Environmental Protection WLLBureau of Resource Protection -Wetlands PA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 13.1, §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.Nwww mass gov/eea/agencies/massdepfabout/contacts/find-the- massdep-regional-office-for-your-city-or-town.htmD to issue a Superseding Determination of Applicability. The request must be made by certified mad 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 certified mail or hand delivery to the Conservation Commission request shall at the same time be sent by 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. { Page 5 of 5 wpaform2.doc•Determination of Applicability•rev.08113 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Acton Fee Transmittal For ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. (Request Information 1' 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 - Mailin.g Address your cursor- do not use the return key.-; City/Town . - - State Zip Code j III Phone Number Fax Number(if applicable) Project Location 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 ' i City/Town.- State Zip Code Phone Number . Fax Number(if applicable) 3. DEP File Number: B. Instructions i 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 Pagel of 2 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 i j Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands L7'� 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. p pp 1 i 3. Send a:copy of this form and a copy Uthe 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/abouttcontacts/find-the-massdep-regional-office-for- yo u r-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 ConservationCommission and to the applicant, if he/she is not the appellant. i i, f wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08113 Page 2 of 2