HomeMy WebLinkAboutMiscellaneous - 35 HOLLY RIDGE ROAD 4/30/2018 (3)0
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Town of North Andover
OFFICE OF
`COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
March 8, 1996
Carter and Coleman, Attorneys at Law
451 Andover Street, Suite 195
North Andover, MA 01845
ATTN: Mr. Robert Wyman
RE: Floodplain/Runoff Issues at #35 Holly Ridge Road.
Dear Mr. Wyman:
The North Andover Conservation Department is in receipt of your correspondence dated
February 19, 1996. I am writing on behalf of the Department of Public Works (DPW) and
Planning & Community Development Departments respectively.
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On Wednesday February 28, 1996, Mr. Bill Hmurciak, from the Department of Public Works,
and myself performed a site inspection at the above referenced property. In addition, a historical
review of all relevant files and/or permits issued for the development was conducted. We
inspected the existing catch basin system, detention pond(s), present flow rates and/or volumes as
well as a review of all wetland resource areas on-site (enclosed please find Attachment 1 which
outlines the technical aspects associated with on-site drainage and runoff).
It is the opinion of Planning and Community Development and DPW that the Town is not
responsible for the flooding problems at 935 Holly Ridge Road as described in your letter; we
have made this recommendation to the Town Manager. I would encourage you to consult with a
qualified Wetland Biologist and/or Professional Engineer and look into the issues raised in
Attachment 1. I would also suggest that you obtain a plot plan certified by a Professional
Engineer which would depict the limit of floodplain on the property; it is my understanding that
.this plan is required when the title is transferred. I am willing to schedule Mr. and Mrs. Beck on a
future NACC agenda for discussion purposes should you seek further guidance. A public forum
facilitates the permit process and would allow your client the opportunity to hear input from
Conservation Commission members prior to expending additional funds.
If I can be of further assistance or if clarification•is warranted please do not hesitate to contact
myself or other applicable town personnel. If you should decide to seek professional consultation
from a Wetland's Biologist, I will make myself available to visit the site and study it in detail in
conjunction with him/her and approach the NACC with possible remedies.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
CC: NACC
Mr. Robert Halpin, Town Manager
Kathleen Colwell, Town Planner
Bill Hmurciak, DPW
file
ATTACHMENT 1
SITE INSPECTION AND WETLAND RESOURCE
AREA EVALUATION
(#35 HOLLY RIDGE ROAD)
Dated March 8, 1996
North Andover Conservation Department
The Wetlands Protection Act (310 CMR 10.00) and the North Andover Wetland ByLaw
(Ch. 178 of the Code of North Andover).
Work, as outlined under 310 CMR 10. 04, proposed within 100' of a wetland resource area as
defined under the Massachusetts Wetland Protection Act and the North Andover Wetland ByLaw
is subject to review by the North Andover Conservation Commission (NACC). Wetland resource
areas identified on-site at the time of inspection were as follows:
• Bordering Vegetated Wetland (310 CMR 10.55))-
•
0.55);• Bank (310 CMR 10.54);
• Bordering Land Subject to Flooding (310 CMR 10.57).
Work proposed within a resource area as defined herein requires the filing of a Notice of Intent
(NOI) with the NACC and the issuance of an Order of Conditions permitting the proposed
activity. The North Andover Wetland ByLaw has a defined twenty-five foot (25') No -
Disturbance Zone and a fifty foot (50') No -Construction Zone from the limit of wetland resource
areas.
It is the opinion of the Conservation Department that work has occurred on the property and
within the -limits of the above referenced wetland resource areas without a valid Order of
Conditions from the NACC. This is a violation of the Massachusetts Wetland Protection Act and
North Andover Wetland ByLaw. The regulations specify a variety of activities that alter wetland
resource areas. They -=may -include- routing storniwater away from a protected intermittent stream,
causing flows to -run through a channel rather than to diffuse- gradually through the surface ofia 11
vegetated wetland,- channeling a stream, installing a dam or -detention' structure or re-routing
flows. Work, in this case, may be defined as follows:
• an unknown linear feet of Bank was altered for the purposes of installing a set, fieldstone wall
,and associated PVC drain;
• an unknown square footage of BVW buffer zone was altered for the purposes of installing a
grass swale to channel runoff from the house-,
• an earthen embankment has-been created channeling flow from the outlet of the catch -basin
pipe which discharges into a tributary and prior to reaching Mosquito Brook. .
I am not issuing a violation notice and/or fine(s) at this time, however, please inform the .
homeowner that future work within a wetland resource area, as defined under the Act or ByLaw,
will not be tolerated without an Order of Conditions from the NACC. As stated, work within the
Buffer Zone which may effect adjacent wetland resource areas is also subject to NACC review.
Detention Basins:
Culverts or storm drains carry runoff from catch basins. They may discharge into retention
basins, which hold stormwater on the site and discharge it gradually into the ground; detention
basins, which slow down the flow of runoff but eventually allow it to discharge to streams
leaving the site; or directly into ditches, swales, streams, ponds or vegetated wetlands. Detention
C:/My Document/Correspondence 5 12:35 PM3/8/96
and retention basins and vegetated swales also contribute to settling out of sediments and removal
of suspended and dissolved pollutants from runoff.
Ideally, stormwater management systems should minimize changes in volumes and rates of runoff
flow onto and off a site as a result of project construction. In reality, such systems are designed
for only certain storm conditions; under other storm conditions flow rates and volumes may
change. Similarly, detention/retention basins should be designed in such a way as to maximize the
settling out of suspended sediments and the uptake of dissolved nutrients and other chemicals by
plant and soils.
Drainage on the North Andover Estates/Heights development is being routed towards two (2)
control points, a detention basin located at the corner of Chestnut Street and Rosemont Drive
(Basin #1) and a second detention basin located at "the corner of Wild Rose Drive and Holly Ridge
Road (Basin #2).
a) Detention Basin #1:
An as -built plan entitled "Detention Pond As -Built Plan", dated April 5, 1995 prepared by Land
Planning Engineering and Survey, and an analysis to determine current detention pond status, in
letter form dated May 11, 1995 also prepared by Land Planning has been previously submitted to
the NACC for review. Land Planning has included in their analysis corrective measures proposed
to restore the detention pond's abilities to function as designed; the NACC approved this proposal
at a public hearing on June 21, 1995.
The report states that "Detention Pond #1, although constructed somewhat smaller and at
different elevations than designed will function properly for it's intended use with no adverse
effects on downstream areas. The only change necessary is to lower the catch basin grate
elevation of the overflow structure approximately 2' to elevation 255.5. This will allow the
overflow structure to function properly if needed." This corrective measure is scheduled to take
place this summer when conditions allow.
b) Detention Basin 92:
Presently, Detention Pond #2 is not dumping out entirely between storm events. A "riser pipe"
detains water thus allowing sediment and silt to settle out prior to discharge into the vegetated
wetland which borders on Mosquito Brook. Upon completion of construction the ponds are
designed to drain completely between storm events.
The detention pond as constructed provides adequate storage for a typical storm in the magnitude
of a 10 or 15 year event, however, the storage volume as constructed is inadequate for the 100
year storm. It is therefore necessary to reconstruct portions of the detention pond as described in
the approved re -construction plan. Compensatory wetland replication is also scheduled to take
place at the terminus of Wild Rose Drive in conjunction with the detention pond re -construction.
This additional wetland creation will facilitate runoff and improve water quality prior to discharge
C:/My Document/Correspondence 6 12:36 PM3/8/96
into Mosquito Brook. Work will be initiated during the summer months of 1996 when conditions
allow.
NACC Issues:
Hydrology - This Department is willing to work with Mr. and Mrs. Beck and the other Town
Departments mentioned herein in resolving this matter. However, the sensitive nature of the
surrounding wetland resource area hampers the decision making process. Simply re-routing the
storm drain pipe as you suggested in your letter is not, in my opinion a viable option. Diverting
the hydrology and removing this "driving force" from the wetland resource area is a permanent
alteration; this is not a permitted activity under the Act. The role of other hydrologic inputs and
outputs would have to be studied in detail prior to making a determination. Historical
correspondence indicates a high -.water. table (top -12")tin-the-immedi-ate!a-rea and it's role also
requires further evaluation. Typically, when the water table is at onnear- -the surface; the soil acts
like an imperin able surface -and runoff is increased.
The boundary of Bordering Land Subject to Flooding_(BLSF) is an elevation representing the
level to which floodwaters rise during a 100 year flood. A 100 year flood does not mean a flood
that occurs only once every 100 years. Rather the term refers to the magnitude of flooding that
has a 1% probability of happening in a given year, based on historical records. For most major
water bodies, the 100 year flood elevation has been determined by the National Flood Insurance
Rate Program administered by the Federal Emergency Management Agency (FEMA). It is
important to remember that every water body, no matter how small, is likely to have BLSF
associated with it. FEMA-maps-indicate-anexisting-floodplain•af 935-H611y-Ridge-Road incthe
range-of-207-21Q:NGVD-(please-refer-to-the-enclosed:map). Work _within this--resou-rce-area may
not =impair-the:ability-of the_.surrounding;landscape -to contain volumes _reaching,this range. I have
enclosed "As -Built" and "Pre -Construction" plans of Lot 3 for your review. A benchmark other
than NGVD, which FEMA utilizes, is depicted thus making it difficult to determine the limit of
floodplain on the property. I would suggest that a topographic - survey -of:the-property be
perform- ed -with- spot •elevations in order_to accurately-det_ermine jurisdictional limits.
An-unknown-squarefootage-of-Bordering; Vegetated:Wetland BVW) was filled -for -the purposes
bf.constructing=Lot 3--and-Holly RidgeRoad under -DEP #242-348 *,LT -he -home;- as -it -presently
,exists; was built-in_close-pr-oxinuty-and:potentially.-within-the floodplain-and:within-the-limits -of a
vegetated=wetland. This fact coupled with a high groundwater table and the position of the house
at the bottom of a hill would -result - in- potential -flooding �regardless--of the -factors described in your
correspondence. Furthermore, it appears as if<house-construction-was modified-substant-i-Vy by
the builder from the original submittal andfre=constructirig the—gai-age-under the-hougerathec-than
cas=ari-attached-unit=may have-intercepttted=withthe=g'roundwater. I have enclosed correspondence
pertaining to the modification request and a copy of the Certificate of Compliance for your
review.
C:/My DocumendCorrespondence 7 12:35 PM3/8/96
Summary:
This Department is concerned about changes in hydrology. Hydrologic changes may result in
changes of plant species in wetland resource areas and can cause conversion of wetland areas to
upland and vice versa. Alterations in stream flows may affect pollution control, fisheries and
wildlife habitat, and flood control. Ideally, projects that involve substantial changes in the land
surface (i.e. Deerfield Subdivision, North Andover Estates) should be designed to maintain
existing drainage flows and volumes within the drainage basins on a site. Review of the approved
subdivision plans indicate that the outlet structures in question were constructed and placed
accordingly and in compliance with the rules and regulations at that time.
C:/My Document/Correspondence 8 12:35 PM3/8/96
CHRISTIANSEN & SERGI, INC.
Professional Engineers and Land Surveyors
160 SUMMER STREET HJVERHILL, MASSACHUSETTS 0183C (508) 373-0310
December 28, 1982
North Andover Conservation Commission
120 Main Street
North Andover, MA 01845
Re: Lot 3, Holly Ridge
DEGE File #242-348
Dear Commission Members:
On behalf of my clients, Coolidge Realty Trust, I would
like to request a modification of the Order of Conditions for
Holly Ridge for proposed changes on Lot 3. Enclosed is a
site plan showing the proposed house, driveway, and grading.
The house is slightly larger and of a different shape than
the one originally proposed and the driveway is on the
opposite side of the house.
Very t 1 Yours
L
Phi i G. Christiansen
i
PGC/ks
Enclosure
Aisling Construction Co., Inc.
Complete Construction and Design Services
Mr. Richard Doucette 112191
Conservation Commision
Town of North Andover
Dear Richard,
This letter serves as a formal request to modify the plans submitted for Lots 3,5,7
Holly Ridge Rd. My intention is to attach-decksTto-be_constructed-on:soonet tubes -to -the
existing houses currently— constructed within -the footprints previously approved. These
decks as shown on attached plans will not encroach into the no cut zone or the building
set back limits. Additionally, own -10- t-3=l=have.constructed-a smaller home (56228)
within the previously approved footprint (82'x30) however, it is necessary to load the
garage�under from the opposite side- and- as -such -a modifcationis requested-for:the
driveway.
Thank you,
lC.i G�
Patrick K. Murphy
President
800 Osgood St. • North Andover, Massachusetts 01845 • (508) 689-9446
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310 CMR 10.99
Form 8
Commonwealth
of Massachusetts
Lot 3 Holly Ridge Road .
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c.
DSP File No.
Cily Town
242-34-8
rio De woviaed by DEP)
North Andover
210-
ADaucanl Coolidge Realty Trust
131, §40
North Andover Conservation Commission ISsumn Authority
From
Aisling Construction Co., Inc. '
To Pat Murphy � 800 Osgood St N. Andover, MA 01845
(Address)
(Name)
Date of Issuance January 6, 1992 �}
This Certificate is issued for work regulated by an Order of Conditions issued to Cna1 ; dgp Poi t -y -Tract
dated 6/20/86 and issued by the NACC
1 . Q It is hereby certified that the work regulated by the above -referenced Order of Conditions has
been satisfactorily completed.
2. A2XX 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 Compliance
does not include the entire project, specify what portions are included.)
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Lot 3 ONLY. x
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3. Q It is hereby certified that the work regulated by the above -referenced Order of Conditions was N
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No fuiure � p.
tent a
work subject to reaulation under the Act may be commen I
and receiving a new Order of Conditions. nr
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L.Aw Offices of Ariere M. Keating
:quite 83 -- Chestnut Green
565 Turnpike Street
North Andover, MA 01845
4. ®K This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on 10/31/86 (date)
at the Registryof � F=gpY Mrirtn . Book 2343 Page 267 Ins. #36704.
5. [] The following conditions of the Order shall continue: (Set forth any conditions contained in the
+. Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
issued by North Andover Conservation Commission
Signatures} -
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
(fin this day of �' N/,//� -� _. 19 before me
personally appeare
to me known to be the
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person described in and who executed the foregoing instrument and acknowledged that heishe executed
the same as his/her free act and deed.
Aot Public
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My commission a ires
Detach on dotted line and submit to the North Andover Conservation Commission
.......« .......................................
NACC Issuing Authoni
To
Hol' y�E .i citrP Rnad
Please be advised that the Certificate of Compiiance tar the prolect at: Lot
242— 348 Deeds, Northern Essex
File Number has been recorded at the Registry at
and has been noteo in the chain of title of the affected aroceny on
it reccroec ianc.:ne instrument numoer %vnrcn toentdles T:iIs transac*tor, is
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FORM U'- LOT RELEASE FORM
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INSTRUCTIONS: This form is used to verify that all necessary, approvals/permits fry
Boards and Departments having jurisdiction have been obtained. This does not relie
the applicant and/or landowner from compliance with any applicable or requirements.
-----"`—°"`°°wwww"APPLICANT FILLS OUT THIS.SECTION
APPLICANT �%►�: i D i Avg G�S PHONE g' - 7513
LOCATION: Assessor's Map Number PARLEL
SUBDIVISION LOT (S)
STREET ,35 Holl F)'Jae Ro6d ST. NUMBER_ 35
OF TOWN AGENTS:
CONSERVATION ADMIN1�fRATOR DATE APPROVED
�� DATE REJECTED_
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TOWN PLANNER DATE APPROVED
DATE: REJECTED
COMMENTS
FOOD INSPECTOR -HEALTH DATE ,01"R610ED
DOTE REJECTED
SEPTIC INSPECTOR -HEALTH -DATE Ap.PROVD.
DATE -REJECTED
COMMENTS
PUBLIC WORks - SEWERMATER CONNECTIONS
DRIVEWAY PERMIT
FIRE DEPARTMENT
RECEIVED BY BUILDING INSPECTOR DATE_
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INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from
Boards and Departments having jurisdiction have been obtained. This does not relieve
the applicant and/or landowner from compliance with any applicable or requirements.
***************—***********APPLICANT FILLS OUT THIS SECTION
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DATE REJECTED
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DATE REJECTED
SEPTIC !NSPECTOR-HEALTH DATE APPROVED
DATE REJECTED
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PUBLIC WORKS - SEWERIWATER CONNECTIONS
DRIVEWAY PERMIT
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FISCAL 2001 MAPS DRAWN BY FRANK
n,mAg1mr1AT7 rrcADOCl..,1,-,
The LUW boundary of a perennial stream is the lowest elevation at the bottom of the stream
(� channel which confines the flow of water.
For an intermittent (i.e., ephemeral) stream, the mean annual low flow is considered to be no flow.
The limit of the LUW may therefore be the lowest cross-sectional elevation, which may or may not be
the center of the stream. Since a stream must contain both LUW and Banks, even intermittent streams
which are dry must contain LUW since at some time during the year they underlie flowing water. The
area of LUW may be a narrow line in the center of the channel, or it may be the area between the first
break in slope at either side of a flat -bottom stream channel.
A stream is defined under § 10.04 of the Regulations as a body of running water, including brooks
and creeks, which moves in a definite channel in the ground due to a hydraulic gradient, and which
flows within, into or out of areas subject to protection under the Act. A portion of a stream may flow
through a culvert, either enclosed or open, or beneath a bridge, or in a swale or ditch.
A stream is perennial if it flows all year, except perhaps during periods of unusual drought. These
streams generally drain a large watershed or are the outlet of a large upgradient vegetated wetland,
lake, or pond. A perennial stream may, but does not necessarily, have a year-round fisheries
population. There is often vegetation growing on submerged rocks. Perennial streams with good
water quality may have rich and diverse populations of insects which cannot tolerate seasonal drought.
The soils beneath a perennial stream often show indications of constant saturation.
An intermittent or ephemeral stream does not flow year round. It may flow in all seasons
except during the driest summer months, or only after precipitation, or when groundwater levels or
water from snow melt is high. An ephemeral stream may have a seasonal fish population. There is
often little or no vegetation on the rocks and the only invertebrates present are those species which can
tolerate periods of drought. The soils may or may not show hydric characteristics.
Streams may be found in a continuous or intermittent (non -continuous) channel. Although most
perennial streams are in a continuous channel, portions of the stream may be subsurface, e.g., in a
culvert. Subsurface portions may be treated as a natural culvert. Ephemeral streams may be
continuous, or they may be broken by areas without defined flow.
The only portions of any stream which are subject to the Wetlands Protection Act are those which
show evidence of above -ground flow. However, a short segment of above -ground stream, clearly
connected to an upgradient resource area via an underground stream, may still be considered
protectable as LUW and Bank. Man-made channels, swales, drainage ditches, culverts, and
agricultural trenches may all be subject to protection under the Act as streams if they drain upgradient
resource areas.
In spite of the above, the cutoff for jurisdiction of intermittent streams is that portion
upgradient of all bogs, swamps, wet meadows and marshes. These upgradient drainage
channels are generally those which flow in direct response to precipitation. They may be located on
hillsides where they consolidate sheet flow, along roads and highways, across lawns, and in other
situations where they are not draining an upgradient wetland. Although entire hillsides may be drained
by "upgradient intermittent streams," these channels are not under the jurisdiction of the Commission.
This was a political decision under the 1983 Regulations and does not relate to the importance of these
streams, especially for flood control.
12.17.4 Land Subject to Flooding
Bordering Land Subject to Flooding
The floodplain of a water body is the surrounding land which is inundated by water rising from the
water body during or after storms or spring snowmelt; i.e., the area subject to flooding. - Bordering
Land Subject to Flooding (3 10 CMR 10.57(2)(a)) under the Act is that land surface which will be
Environmental Handbook for Massachusetts Conservation Commissioners 171
covered with water in a statistical 100 -year storm. A "100 -year storm" is the maximum
amount of precipitation, which is likely to fall in a 24-hour period with the statistical
one percent chance of occurring in any year. This is incorrectly but commonly referred to as
an average of once in 100 years. This amount is based on National Weather Service records.
BLSF begins at the edge of a Bank or a BVW. It does not have a buffer zone. The
Regulations require that the outer boundary of BLSF be determined, if available, by data produced and
mapped by the National Flood Insurance Program of the Federal Emergency Management Agency
(FEMA; HB § 14.2.3). Otherwise, maximum observed flood elevations should be used pursuant to
310 CMR 10.57(2)(a)(3). If these aren't available and conflicts exist, calculations based on NRCS
TR55 and the National Engineering Hydrology Handbook, Section 4, may be required by the
Commission. The elevation of BLSF must be based on a storm of 7 inches in 24 hours and be
prepared by a registered professional engineer or other competent professional.
The floodplain boundary is .always expressed as an elevation and any land above this elevation is
not considered BLSF. Elevations may be expressed as feet above either sea level (referenced on plans
as VSGS or NGVD elevation base) or an arbitrary survey point on the sites. Compensatory storage is
required for any project that fills BLSF.
It is important to note that the FEMA maps do not show all floodplain areas that may exist. FEMA
information is generally available only for larger water bodies. In addition, if considerable
development has occurred since the studies, the boundaries may have moved outward as a result of
increased runoff. Each Commission should have the latest FEMA Flood Study and a complete set of
maps.
BLSF is presumed significant to flood control and storm damage prevention. The performance
standard for work in this floodplain area is, in effect, 100 percent flood storage. compensation. In
other words, any work diminishing flood storage (as through fill) should be offset by the same amount
of storage elsewhere in the same reach of the river at the same elevations. The Commission may waive ( y
this requirement but should rarely do so since the extra water will have to go somewhere.
Alternatively, the building may be elevated to the 100 -year flood level. FEMA regulations do not
permit habitable areas, including basements, to be built below that elevation. (FEMA requirements are
discussed in HB §14.2.3.) Since BVW and BLSF are both found next to water bodies, they often
overlap—but are still separate resource areas with distinct performance standards. A Commission
must apply both to a proposed project.
Undeveloped land in the 10 -year flood plain is considered significant to wildlife habitat. Vernal
Pools anywhere on the 100 -year floodplain or on ILSF are presumed significant to
wildlife habitat, but only if they have been certified by the Division of Fisheries and
Wildlife (HB §12.17.5). This presumption can, however, be overcome. Vernal Pools are
discussed below.
Isolated Land Subject to Flooding
A second category, known as Isolated Land Subject to Flooding (ILSF), is less well protected.
ILSF includes isolated depressions or closed basins that serve as ponding areas for run-off or high
groundwater (310 CMR 10.57(2)(b). It too lacks a buffer zone. ILSF must contain at least one
quarter acre feet of water volume at least annually, with an average depth of six
inches (an acre foot is the volume of water which would cover one acre to the depth of one foot).
ILSF is protected (if it meets the size standard) whether flooded by surface water or rising
groundwater. DEP Policy 85-2 clarifies the meaning of "isolated depression."
The boundary of ILSF is the perimeter of the largest observed or recorded volume of water in the
area, or is determined by engineering calculations pursuant to 310 CMR 10.57(2)(b)(3). This resource
area is presumed significant to flood control and storm damage prevention, and may be presumed
172 . Environmental Handbook for Massachusetts Conservation Commissioners
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECnON
n
10.58: continued
5. The conversion of lawn to uses accessory to existing single family houses in existence on
August 7, 1996, such as decks, sheds, patios, and pools, provided the activity is located more than
50 feet from the mean annual high-water line within the riverfront area or from bordering vegetated
wetland, whichever is farther, and erosion and sedimentation controls are implemented during
construction. The conversion of such uses accessory to existing single family houses to lawn is
also allowed. (Mowing of lawns is not subject to jurisdiction under 310 CMR 10.00);
6. The conversion of impervious to vegetated surfaces, provided erosion andsedimentation controls
are implemented during construction; and
7. Activities that are temporary in nature, have negligible impacts, and are necessary for planning
and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling
and surveying).
Activities not meeting the requirements of 310 CMR 10.58(6)(b) may be allowed through a
Determination ofApplicability or a Notice of Intent. If resource area boundaries are uncertain, a Request
for Determination of Applicability or Notice of Intent should be filed.
(c) On-site sewage disposal systems in existence on August 7, 1996 and the repair or upgrade of
existing systems in compliance with 310 CMR 15.000. New construction of a system under 310 CMR
15.000 must comply with 310 CMR 10.58, subject to the presumption for the siting of systems in 310
CMR 10.03.
(d) The expansion of structures, airports, and marine cargo terminals, provided they are owned by a
political subdivision and the expansion activity was physically begun on or before November 1, 1996.
(e) Projects for which a draft environmental impact report was prepared and submitted pursuant to
M.G.L. c. 30, § 62B, on or before November 1, 1996, or as extended by the Department for just cause
but no later than December 31, 1996.
(f) Projects for which a building permit conforming to local requirements was filed on or before
October 1, 1996 and granted on or before April 1, 1997, or as extended by the conservation commission
for just cause by no more than 60 days.
(g) The road and infrastructure shown on a definitive subdivision plan approved or endorsed under
M.G.L. c. 41, § 81U, on or before August 1, 1996. Activities on the subdivided lots are subject to 310
CMR 10.58 unless they received a building permit under 310 CMR 10.58(6)(f).
(h) Construction, expansion, repair, restoration, alteration, replacement, operation and maintenance
of public or private local or regional wastewater treatment plants and their related structures, conveyance
systems, and facilities, including utility lines.
(i) Structures and activities subject to a M.G.L. c. 91 waterways license or perrrit, or authorized prior
to 1973 by a special act, are exempt, provided the structure or activity is subject to jurisdiction and
obtains a license, permit, or authorization under 310 CMR 9.00.
(j) Activities within riverfront areas subject to a protective order under M.G.L. c. 21, § 17B, the
Scenic Rivers Act.
(k) Activities on land occupied by historic mill complexes.
10.59: Estimated Habitats of Rare Wildlife (for inland wetlands)
If a project is within estimated habitat which is indicated on the most recent Estimated Habitat Map of
State -Listed Rare Wetlands Wildlife (if any) published by the Natural Heritage and Endangered Species
Program (hereinafter referred to as the Program), a fully completed copy of the Notice of Intent (including
all plans, reports, and other materials required under 310 CMR 10.05(4)(a) & (b)) for such project shall be
sent to the Program via the U.S. Postal Service by express or priority mail (or otherwise sent in a manner
that guarantees delivery within two days). Such copy shall be sent no later than the date of the filing of the
Notice of Intent with the issuing authority. Proof of timely mailing or other delivery to the Program of the
copy of such Notice of Intent shall be included in the Notice of Intent which is submitted to the issuing
authority and sent to the Department's regional office.
Estimated Habitat Maps shall be based on the estimated geographical extent of the habitats of all
state -listed vertebrate and invertebrate animal species for which a reported occurrence within the last 25
years has been accepted by the Program and incorporated into its official data base.
10/03/97 (Effective 10/06/97) 310 CMR - 402
R
I
® FORM U - LOT RELEASE FORM
INSTRUCTIONS: This form is used to verify that all necessary
approvals/permits'from Boards and Departments having jurisdiction
have been obtained. This does not relieve the applicant and/or
landowner from compliance with any applicable local or state law,
regulations or requirements.
****************Applicant fills out this section*****************
APPLICANT: larked.,. no L _�Q c_ Phone ` ?� - 300 Q ,
LOCATION: Assessor's Map Number Parcel
Subdivision �4a CL Lot (s)
Street Bur(/\ St. Number
************************Official Use Only******************************
RECO �NDDATIOON, NSOF TOWN AGENTS:
L 1q S
N � tV,G►C Date Approved lI IZ
Conservation Administrator Date Rejected
Comments
Date Approved
Town Planner Date Rejected
Comments
Date Approved
Food Inspector -Health a� Date Rejected
Date Approved !a
Septic Inspector -Health Date Rejected
Comments
Public Works - sewer/water connections
- driveway permit
Fire Department
Received by Building Inspector
Date
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Page 1 of 1
McKay, Alison
From: Sullivan, Jack
Sent: Monday, April 26, 2004 3:10 PM
To: Johnson, Adele
Cc: Rees, Mark; Parrino, Julie; McKay, Alison; Hmurciak, Bill
Subject: RE: Resident Diane Sachs or 35 HollyRidge Road
Everyone,
Mrs. Sachs property at #35 Holly Ridge Road has a long history of drainage issues (prior to Peachtree
development). Basically, Mosquito Brook runs through her property and there is an established flood plain on the
property as well. I spoke to Mrs. Sachs after one of the large rain events (April 2, 2004) and she stated that
Peachtree Development was contributing to and advancing her drainage problems. I explained to her that a
detailed drainage analysis and design was completed for the Peachtree development and that peak flow
rates following development of the site can not exceed peak flow rates prior to construction. To break down a
complicated process ... the engineer must design a drainage system that does not increase peak runoff flows to
off-site areas. Mrs. Sachs stated that she visually witnessed a failure in the detention basin at Peachtree Farms
during the April 2nd storm event.
VHB provided an engineering analysis in 2002 of the Mosquito Brook Drainage Basin and in the report concludes
that little can be done to improve the flooding conditions where Mosquito Brook crosses Holly Ridge Road. VHB
targeted 4 other areas along Mosquito Brook which are presently being analyzed for possible improvements.
Adele ... I am forwarding a memorandum to your attention dated December 12, 2002 which details the Mosquito
Brook Hydrology Review. I have highlighted the areas in the memo which deal in the vicinity of #35 Holly Ridge
Road. If you have any questions please feel free to call.
Jack
-----Original Message -----
From: Johnson, Adele
Sent: Monday, April 26, 2004 10:27 AM
To: Sullivan, Jack
Subject: Resident Diane Sachs or 35 HollyRidge Road
Hi Jack,
I left you a message last week regarding Mrs. Sachs water problem on her property due to the Peachtree
development. Could you please give Mark background information regarding this problem before I set up a
meeting with him and the resident.
Thanks,
Adele J. Johnson
Administrative Secretary
Town Manager's Office
978-688-9510
tmsecretaryC&-townofnorthandover.com
2/24/05