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HomeMy WebLinkAboutMiscellaneous - 143 PHEASANT BROOK ROAD 4/30/2018 (2) 114-3 m ' &fit:SJD1i �. II Form.5 oEQE File No. 242-455 (To be provided by OEQE) Commonwealth City/Town North Andover „l. = of Massachusetts Phil Ragusa,Tr.Miano Realty Applicant Trust BOSTON BROOK ESTATES Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 . and under the Town of North Andover's Town Bylaw, to & y Chapter 3.5 A B From NORTH ANDOVER CONSERVATION COMMISSION Dr. Robert & Jean F. Smith & To - Phil Ragusa, Trustee, Miano Realty Trust George & Wanda Farr (Name of Applicant) (Name of property owner) 270 Marble ridge Road, No Andov r, Address 4 David Drive, Andover, MA 0181g1ddress 1685 Salem Street, No. Ahdove , x This Order is issued and delivered as follows: 0 by hand delivery to applicant or.re presentative on October 18, 1988 11 date)t E n D bycertified mail, return receipt requested on \-)(date) This project is located at Lots #28 and 41 Off Salem Street The property is recorded at the Registry of Northern Essex Book 1120 & 1087 Page 47 & 314 Certificate(if registered) The Notice of Intent for this project was filed on March 21, 1988 (date) The public hearing was closed on September 28, 1988 (date) Findings +, The North Andover Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the Information available to the NACC at this time, the NACC has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations and precedent and practice under this Town's ByLaw for each area subject to protection under the Act and ByLaw: IdPublic water supply C�� Flood control ® Land containing shellfish Lei' Private water supply © Storm damage prevention El/--Fisheries FB" Ground water supply LO/ Prevention of pollution El Protection of wildlife habitat 5-1 pORT#i q O tT�to '6•tiO 16. n P ��SSgCHUSEt CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 143 Pheasant Brook Road, North Andover At the November 2, 2011 public hearing, the North Andover Conservation Commission(NACC)voted to issue a Negative Determination of Applicability for the removal of approximately 180' of stone and mortar retaining wall and replacement with a Redi Rock retaining wall within the buffer zone to Bordering Vegetated Weiland (BVW). The project will be conducted within a stormwater detention pond associated with the subdivision drainage.The wall is approximately 90' from the BVW. Applicant: Charlie LaMarca 143 Pheasant Brook Road North Andover,MA b1845 Record Documents: Request for Determination of Applicability and Associated Maps and Plans Submitted October 21, 2011 Plan Titled: Retaining Wall Construction Date: 10/18/11 Septic System Plan with hand edits Submitted: 10/21/11 Other Documents: Analysis of Redi Rock Wall Date: 10/18/11 3 pages Prior to Construction ❖ A 12' bark.much or straw filled sock/tube shall be placed between the wall repair and the stone berm at the center of the detention basin. This barrier shall serve to prevent migration of disturbed soils out of the detention basin and into the adjacent wetland resource area. The erosion control shall also serve as the limit of work. Erosion control shall be properly installed according to the manufacturer's instructions. I� °• Prior to the start of construction the applicant shall contact the Conservation Department fora preconstruction inspection of the installed erosion controls. The site contractor shall be present at this meeting. 1600 Osgood Street Building - g g 2 0,Suite 2 36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index During Construction ❖ All work should be conducted under dry conditions. ❖ Excess material, stone, and construction debris shall be properly disposed of offsite: If material is stockpiled on site for more than 24 hours it shall be covered or surrounded by erosion controls. ❖ Upon completion of the retaining wall, disturbed areas within the detention basin shall be restored to preconstruction grade. Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion (erosion control matting and hydroseed shall be used if not seasonally appropriate to loam and seed). ❖ Upon completion of all requirements, the Conservation Department shall be contacted to conduct a final site inspection. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverN4A_Conservation/index ILIMassachusetts 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 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): your cursor- do not use the Charlie LaMarca return key. Name Name 143 Pheasant Brook Road r� Mailing Address Mailing Address North Andover MA 01845 City/Town State. Zip Code City/Town State Zip Code r 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Septic System Plan with hand-sketch by applicant 10/21/11 Title Date Analysis of Redi Rock Wall 10/18/2011 Title Date Retaining Wall Construction 10/18/2011 Title Date 2. ,Date Request Filed: 10/21/2011 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): Removal and replacement of an existing retaining wall within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 143 Pheasant Brook Road North Andover Street Address City/Town 106B Parcel 225 Assessors Map/Plat Number Parcel/Lot Number wpaform2 doc•Determination of Applicability•rev.1016/04 Page 1 of 5 ILIMassachusetts 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 Determinations) 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). i ❑ 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 L7, 1 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.) ❑ 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 Actor 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 J (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 ILIMassachusetts 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 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 [ by certified mail, return receipt requested on Date Date'd 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/reciion.findvour.htm)and the property owner(if different from the applicant). Signatures: Date wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5 LIMassachusetts 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 hftp://www.mass.gov/dep/about/region.fin4your.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.10/6/04 Page 5 of 5 LlMassachusetts Department of Environmental ental 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 Phone Number Fax Number(if applicable) Project Location rerun 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.10/6/04 Pagel of 2 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 for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see 'hftp://www.mass.gov/dep/about/re-gion/findyour.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. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2