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Miscellaneous - 5 VILLAGE WAY 4/30/2018 (4)
1 rr . w a -�� V),e.LeLcc"— W04.�cflvv"� OF -5T -------------------------- J ;; le- flU dpas QJQ_ AA (SO2 0) ._ 0., t "�►i1 rf � P 4i' nor i McKay, Alison From: McKay, Alison Sent: Monday, January 28, 2008 11:50 AM To: 'bosgood@neengineeringinc.com' Cc: 'Levisco@verizon.net'; Daley, Lincoln Subject: Spoke to NHESP Hi Ben, I had to speak with Rebecca Skowron at NHESP on a different matter so I called on Friday and left a message. I was able to speak with her just a few minutes ago and we discussed the exemptions and my understanding of our conversation is as follows: Exemption (3)/the 50% threshold - only applies to additions to existing (excludes driveways, pools, sheds, etc.) Exemption (8) paved roads & driveways - only applies to existing and not new roadways/driveways Above ground pools are exempt, whereas in ground pools are not. So we were both looking at this the wrong way. It's not the numbers that matter here. The new driveway and inground pool are not exempt activities and require a filing with NHESP pursuant to MESA regardless of size/s.f. of impervious area. Let me know if I can be of further assistance in this regard. Alison E. McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 978-688-9530 �77 o7 3 �S- s63S 7� 5� 33q -54. CWS pal Tb 3 6�3 6 &fo3 i66 , 3q 'sc 3, �,a,3 "* DI&SCA 3 Oq e1�-- McKay, Alison From: Ben Osgood Jr. [bosgood@neengineeringinc.com] Sent: Tuesday, January 22, 2008 3:16 PM To: McKay, Alison Follow Up Flag: Follow up Flag Status: Flagged Alison, We checked the areas at 5 Village way. The existing drive and house add up to 10,909 s.f. The proposed drive and house add up to 14,502 s.f. which is just less than a 50% upgrade. Ben Benjamin C. Osgood Jr. P.E. President New England Engineering Services, Inc. 1600 Osgood Street Suite 2-64 North Andover, MA 01845 978-686-1768 www.neengineeringinc.com No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.19.9/1237 - Release Date: 1/22/2008 11:04 AM 1/22/2008 Page 1 of 1 r M 10.4 Of A o �P'Ila of M4,. p 4'v ,�'Ol °�f1.SHLR4.5 E�,�oy i Massachusetts Endangered Species Act (MESA) Regulatory Changes, Effective July 1, 2005 The Massachusetts Endangered Species Act (MESA; MGL c. 131 A) and its implementing regulations (321 CMR 10.00) establish procedures for the listing and protection of rare plants and animals. As such, MESA plays an important role in maintaining biological diversity, preventing Natural Heritage & Endangered Species 1. Program species extinctions, and contributing to rare species recovery in Massachusetts. The MESA regulations were recently revised to clarify project review filing requirements for projects or activities that are located within a Priority Habitat of Rare Species ("Priority Habitat"), provide clear review timelines, and establish an appeal process for agency actions. These regulatory changes took effect on July 1, 2005 and are linked to the establishment of filing fees to support MESA implementation. The MESA regulatory changes reflect a two-year process of agency consideration with input from the public and key stakeholders. These regulatory changes achieve the goal of providing a clearer, more user-friendly process for project proponents without weakening protections for state -listed rare species and their habitats. Who must file? Project proponents must file directly with the Natural Heritage & Endangered Species Program (NHESP) for all nonexempt projects or activities where the proposed project is located within a Priority Habitat. A listing of filing exemptions for projects located within a Priority Habitat is available in theregulations at 321 CMR 10.14 and is summarized at www.nhesp.org. The requirement to file under MESA fora prQiect located within a Priority Habitat is independent of the requirement to submit a copy of a required Notice of Intent ("NOI") to the NHESP for a project located within an Estimated Habitat for Filing an NOI? Streamline your MESA review! Rare Wildlife under the For a streamlined review of projects located within both an MA Wetlands Protection Estimated Habitat and a Priority Habitat, NHESP Act Regulations. The recommends that the MESA checklist, fee, and required revisions to the MESA supporting information be submitted to the NHESP at the regulations are not same time a copy of the project NOI is submitted. related to Estimated Habitats and have no effect on existing NHESP review procedures under the MA Wetlands Protection Act. A MESA filing is required even if no work is proposed within Wetland Resource Area or Buffer Zone. Project in Priority Habitat? Avoid costly delays, last minute project redesign, and the possibility of criminal and civil penalties by consulting with the NHESP early regarding projects. How do I file? A filing requirements checklist is provided at www.nhesp.org ("Regulatory Review" Tab). The fee schedule that supports MESA implementation is provided at 801 CMR 4.00 and at www.nhesp.org. What is Priority Habitat? Priority Habitat is the mapped geographical extent of known habitat for all state -listed rare species, both plants and animals. Habitat alteration within Priority Habitats may result in a "take" of a state - listed species, and is subject to regulatory review by the Natural Heritage & Endangered Species Program. Priority Habitat maps are used for determining whether or not a proposed project must be reviewed by the NHESP for MESA compliance. Current Priority Habitat maps are available through an interactive web viewer at www.mass.gov/dfwele/dfw/nhesp/nhregmap htmonline. The Priority Habitat datalayer is also available for download and viewing with appropriate software (www.mass.gov/mgis/prihab.htm). Maps are also available in the Massachusetts Natural Heritage Atlas (I V edition) (Please note: some changes to Priority Habitat boundaries made between July 2003 and June 2005 are not shown in the 2003 Atlas). What should I expect during the MESA review process? Within 30 days of receiving a filing the NHESP will provide a response letter indicating whether or not the submission is complete. If the submission is complete, the NHESP will provide a determination letter within 60 days of the date of posting of the first letter. In this letter, the NHESP will determine whether or not a project, as currently proposed,NHESP recommendations to minimize will result in a "take" of state - listed rare species (for more project review delays information on "take" see 321 • Design projects to avoid a "take." This will avoid CMR 10.02 and time delays associated with NHESP review of www.nhesp.org). If a project is project revisions. determined to result in a take • Submit an Information Request form. The NHESP then it may be possible to will respond within 30 days with a list of state - redesign the project to avoid a listed species associated with a project site. This take. If such revisions are not may facilitate project planning to avoid and possible, then projects resulting minimize rare species impacts. in a take may only be permitted For larger projects, consider a pre -filing if they qualify fora consultation with NHESP staff. Although the project team should include qualified experts who take the Conservation & Management lead in project design to meet MESA standards, the Permit (321 CMR 10.23). NHESP will offer pre -filing consultations, as time NHESP regulatory review staff allows. are available to consult with Submit a complete permit application. Otherwise project proponents about the NHESP may be forced to reject the filing, designing projects to avoid a triggering a required resubmission and additional take or to qualify for a 30 -day review period. Conservation & Management Permit. Where can I get more information? See www.nhesp.org "Regulatory Review" tab, or contact review staff at (508) 792-7270 ext. 154. Project in Priority Habitat? Avoid costly delays, last minute project redesign, and the possibility of criminal and civil penalties by consulting with the NHESP early regarding projects. MESA Project Reivew Page 1 of 2 Natural Heritage & E:n:ngerea,a es,aw`Massachusetts Division of Rlsheries:&Wfld"fe REGULATION MA_IN . FAQS CONTACT REGULATORY SITE MAP MESA Project Review MESA Filing Form If a project falls within a Priority_ Habitat, of Rare_ Species and does not qualify for a MESA filing exemption, proponents must file with the NHESP. Proponents should note that for projects that are also within Estimated. Habitat. of Rare Wildlife, it may also be necessary to provide the NHESP with a copy of any required Notice of Intent (NOI), pursuant to the rare species provisions of the Wetlands. Protection Act Regulations, even if a project qualifies for a MESA filing exemption. Proponents should submit the filing checklist, filing fee, and the New! required information to the NHESP. Within 30 days of Filing an NOI under the WPA? receiving a filing the NHESP will Streamline your MESA review! provide a response letter indicating whether or not the For a streamlined review of projects located within submission is complete. If the both Estimated Habitat and Priority Habitat, NHESP recommends that the MESA Project submission is complete, the Review Checklist, MESA filing fee, and required NHESP will provide a supporting information be submitted to the NHESP determination letter within 60 days at the same time a copy of the project NOI is of the date of posting of the first submitted to NHESP. letter. In this letter, the NHESP will determine whether or not a project, as currently proposed, will result in a "Take" of state -listed species. Please note that the NHESP attempts to process filings more quickly, staff time permitting. Applicants who provide the required MESA filing information and fee with their Notice of Intent will qualify for a streamlined joint MESA/Wetlands Protection Act review, and their filing will be reviewed by the NHESP within 30 days. If the NHESP determines that a project results in a "Take" then it may be possible to redesign the project to avoid a "Take". If such revisions are not possible, then projects resulting in a "Take" may only be permitted if they qualify for a Conservation & Management Permit (321 CMR 10.23). The NHESP regulatory review staff is available to consult with project proponents about designing projects to avoid a "Take" or to qualify for a Conservation & Management Permit. http://www.mass.gov/dfwele/dfw/nhesp/nhenvmesaprojrev.htm 2/12/2007 tnaangerea 6pecies xegutations Natural Heritage and Endangered Species Program Page 1 of 2 REGULATI.ONVIAIN FAQS CONTACTS REGULATORY_ SITE MAP Massachusetts Endangered Species Act (MESA) Exemptions ftom Review for Projects or Activities in Priority Habitat (321 CMR 10.14) The following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23: (1) Agriculture and Aquaculture. The normal maintenance and improvement of land in agricultural or aquacultural use. This exemption shall continue only so long as such land remains in agricultural or aquacultural use. Land in agricultural use does not include those portions of a site that are not in such use and are not designated fallow land. The normal maintenance and improvement of land in agricultural or aquacultural use does not include site preparation for purposes of conversion to another, non-agricultural or non-aquacultural use; (2) the maintenance, repair, or replacement, the vertical expansion, or additions that do not exceed 20% of the footprint of existing commercial and industrial buildings, multifamily and mixed use structures within existing paved areas and lawfully developed and maintained lawns or landscaped areas; (3) the maintenance, repair, or replacement, the vertical expansion, or additions that do not exceed 50% of the footprint of an existing single family or two family home within existing paved and lawfully developed and maintained lawns or landscaped areas; (4) construction of sheds and other out -buildings within existing paved areas and lawfully developed and maintained lawns or landscaped areas; (5) construction, repair, replacement or maintenance of septic systems, utility lines, sewer lines, wastewater treatment systems, or residential water supply wells within existing paved areas and lawfully developed and maintained lawns or landscaped areas; (6) installation, repair, replacement, and maintenance of utility lines (gas, water, sewer, http://www.mass.gov/dfwele/dfw/nhesp/nhenvexemptions.htm 2/5/2007 r,naangerea apecies xeguiations Page 2 of 2 phone, electrical) for which all associated work is within ten feet from the edge of existing paved roads; (7) routine operation and maintenance on existing electrical, gas, and telecommunication distribution and transmission lines and existing substations, provided that the operation and maintenance are part of an operation and maintenance plan approved by the Division, for which a review fee shall be charged, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, §3B; (8) the maintenance, repair or replacement, but not widening, of existing paved roads, shoulder repair that does not exceed 4 feet from an existing travel lane, paved driveways, and paved parking areas, but not including parking areas on barrier beaches, coastal beaches, coastal dunes, or salt marshes, as defined by the Massachusetts Wetlands Protection Act (c. 131 § 40 and 310 CMR 10.00), and not including actions that are likely to result in changes in storm water drainage; (9) the maintenance or replacement but not the expansion of existing lawns and landscaped areas; (10) performance of customary land surveying activities, wetland resource area delineations, environmental assessments and investigations performed in accordance with M. G. L. c. 21 E, and other customary preliminary site investigations; (11) The active management of State -listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division, and; (12) The management of vegetation within existing utility rights-of-way provided that the management is carried out in accordance with a vegetation management plan approved in writing by the Division prior to the commencement of work for which a review fee shall be charged, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, §3B; Proponents should note that they may also need to file on under the Wetlands Protection Act. if their project is within Estimated Habitat for state -listed animal species, even if their project meets the MESA filing exemptions. Last Updated: 07/08/2005 MassWildlife Home Page, Mass. Department of Fisheries, Wildlife & Environmental Law Enforcement Mass. Executive Office of Environmental Affairs -Privacy Policy- http://www.mass.gov/dfwele/dfw/nhesp/nhenvexemptions.htm 2/5/2007 O' dangered Species Regulations found HERE. Page 2 of 2 As specified in the Wetlands Protection Act Regulations, (310 CMR 10.37, 10.58(4)(b), and 10.59), the NHESP will respond within 30 days of receipt of a complete Notice of Intent filing. The response letter to the local Conservation Commission will provide a determination of whether or not the area to be altered by a proposed project is actual wetland Resource Area habitat for a state -listed rare wildlife species. The NHESP will also determine whether the proposed project will have an adverse effect on the actual habitat of rare wildlife. The NHESP response letter may contain conditions that must be adhered to in order to avoid an adverse effect to rare species habitat, or recommendations for revising the project prior to resubmission. The conservation commission may not issue an Order of Conditions for a project in Estimated'Habitat until the NHESP has provided a determination letter. According to the regulations, the conservation commission shall presume the opinion of the NHESP to be correct. If the NHESP requires conditions or project modifications in order to prevent an "adverse effect," then these conditions must be included in the Order of Conditions. In such cases, a copy of the Order of Conditions must be mailed to the NHESP upon issuance. Natural Heritage & Endangered Species Program Regulatory Review Massachusetts Division of Fisheries & Wildlife North Drive, Westborough, MA 01581 Phone: (508) 389-6360 Fax: (508) 389-7891 Department of Environmental Protection Wetlands Massachusetts Association of Conservation. Commissions Questions may be directed to the NHESP Environmental Review Assistant at (508) 389- 6380. Last updated. -1116107 MassWildlife Home Page. Mass. Department of Fisheries, Wildlife & Environmental Law Enforcement Mass. Executive Office of Environmental Affairs -Privacy Policy- http://www.mass.gov/dfwele/dfw/nhesp/nhenvwpa.htm 2/12/2007 T O Y U O J Co A O CL Q O O O 0 T T 0 V O 0 N 0 J W U <Y Q d w O cc 00 00 N04 00 r- 4 — N r V y m N � lO N N N IM LO 0 O V 0 o x W o o c c CO -1 O m 4? a) 6:2X m, dLqV 3�N YY co U0 c— n U mcMco a)tn�p�a) C >N OO O O CL m L a O c�wU — O Z NV LO N Z N N O3 < Z T w O � � Q •O •O np. •., F-a� O QW JJ g0 M O �, R o ai 0 a w � 0 0 0 T=a ON i Z 00o C ~ O 6 •• � m in LL Z Z �o CoU w 3p� CD LO LY�m m i coo c� JQ �mm G= Nm (n Q N O O � Ln W Im Z O W m r r 000 ti J �e ai0 J E ti Vpol J W maU U p Q a �U m m Lt) LO HdR FO -H O O LUI 0 N CO o = c 0 ma F- O Co V Ln y - 2 M U c Z NrN U d r O a Q r N N a) a 0 J 0 0 0 Of U (p T m M O 01 O N N % O -o ZN co N N N m N y N cc<m m°- m o�F $ Q i i i o Q v N Ir. wCl) w J-0-000 r LL U �m Za 7 inU)�o «] O Ln O rF-14Cli O y y N c Co U Y O O QmLLM Q'2U)L) � R V(n m J U' w O Co Co L cc Ln LL.Q •00 VNJ Q 'O m O r M L[> Co 0) O Cr O (0 C OL NN et rri'0 IL 0 Co 0 Ln N cI h N LL LL Z) F- F- F- W O U. m a) = _N a `Q O Q O c nd mm O'OU d C: LL mU1 m� Z cI.L O .N a -O C } m m L6. LL O V�Z)QZ)F- V( W}U' Udo N �p o L6 r4 O Q 04 _ a .. LL LLJ0 N X V L) (n fn N�li m 0000 a. Lo O 0vi OLL o c o 0mmmaaw 00 @ °� Q dam�=mw -Y EEO o Z W o (L) a m x m x Ch (n V- M J F-MLL2 W m W MM<w o J LU <0 m U SOrZ 0NO Q LL Q O ad m Q= rn F- o Qai �U = UH j ,.MaccWeb.org :: View topic - MESA filings for Priority Habitat Page 1 of 2 in !MaccWeb.org ' MACC's Conservation Connections is our place to share ideas and access i our greatest database: you. Conservation������ a FAQ Q Search 9 Memberlist 9 Usergroups d Register Profile 99 Log in to check your private messages 9 Log in MESA filings for Priority Habitat newtopic � MaccWeb.org Forum Index -> Main Forum View previous topic:: View next topic Message mmc D Posted: Thu Nov 08, 2007 2:58 pm Post subject: MESA filings for Priority Habitat Joined: 12 May 2005 Hi all, Posts: 116 I'm wondering how towns are handling projects that are within priority habitat [i][b]but not [/b][/i]within the Conservation Comission's jurisdiction. Somehow I am under the impression that it is the responsibility of the building inspector/department to direct people to NHESP before they issue a building permit but I can't remember how that came to be my understanding and I can't find anything to back it up. If a project doesn't also need an Order of Conditions, there would be no way for the Commission to even know that a project was being proposed in priority habitat and therefore subject to the new regs. Thanks for any input. MMC Back to top rcrfila IMD1986 D Posted: Thu Nov 08, 2007 9:56 pm Post subject: " uote More and more cities and towns are requiring that the ConCom sign off on Joined: 9 May 2007 building permits and art of the overall process. It keeps everyone informed of Posts: 89 g p p p p y Location: South Shore, what is going on and all it takes is simple communications between the various Mass permitting departments. If you don't have this in your city or town you might want to talk to the building inspector to see if it could be implemented. Back to top raf ilv email Z—w-w-w--� Z�M mmc D Posted: Fri Nov 09, 2007 4:26 pm Post subject: MESA u+ot8 http://maccweb.org/phpBB/viewtopic.php?t=512 1/16/2008 „&IaccWeb.org :: View topic - MESA filings for Priority Habitat Page 2 of 2 Joined: 12 May 2005 In my town the Con Comm is already part of the building permit checklist for Posts: 116 projects that fall under the CC"s jurisdiction under the WPA and the local bylaw. I was specfically asking what towns are doing where a MESA filing is required but no CC review is needed. In other words is there a board on the local level responsible for seeing that the new MESA regs are followed. Is it the Building Dept or the CC. Might be time to call NHESP. Thanks. Back to top rAfile Ellen Fisher D Posted: Thu Nov 15, 2007 11:23 am Post subject: NHESP sent a letter -add Joined: 09 Jan 2006 ressed.to "local -official" -dated Nov. 3, 2005 *requesting' Posts: 11 .help* in reminding project proponents about MESA and that they may need to file. The "local officials” mentioned in the letter are people charged with reviewing projects under zoning, wetlands, building, and health and safety -codes and regulations. That is a wide range of folks! My inference from this letter is that keeping track of MESA filings isn't really the responsibility of any particular town or city department. I am the Conservation Administrator, and since my town requires ConsCom sign off on building permits, I make it my job to inform people that they need MESA permits, even when they don't come under wetlands jurisdiction. In the case of projects that need MESA review, but no ConsCom permits, I notify NHESP to expect an application, and I tell the proponent that I have done so. I think it would be in the best interest of each municipality to have some kind of policy that ensures that somebody or some department is checking on MESA applicability and letting project proponents know about it, even if it is not strictly required by NHESP. Back to top rof ile Display posts from previous: All Posts Oldest First Go tt2wtOpiCjpaStt!►pl MaccWeb.org Forum Index -> Main Forum All times are GMT - 4 Hours Page 1 of 1 Jump to: Main Forum Go You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum Powered by phpBB © 2001, 2005 phpBB Group http://maccweb.org/phpBB/viewtopic.php?t=512 1/16/2008 McKay, Alison From: McKay, Alison Sent: Wednesday, January 16, 2008 4:53 PM To: 'Levisco@verizon.net' Subject: MESA/NHESP review for 5 Village Way Hi Joe, As indicated in my memorandum to the Planning Board (with a copy sent to Ben Osgood, Jr.) dated November 6, 2007 and discussed with you today, the above project site is located within an area designated by the Natural Heritage Endangered Species Program (NHESP) as Priority Habitat of rare species and Estimated Habitat of rare wildlife and is therefore subject to review pursuant to the Massachusetts Endangered Species Act (MESA). In looking through more of my paperwork, the work proposed may fall within an exempt category (see attached). However, I can not be positive that this is the case, therefore I would strongly suggest that you speak with the Natural Heritage Endangered Species Program (NHESP), the enforcing authority, directly for a determination in this regard. I have also attached several other documents related to the MESA regulations (321 CMR 10.00) and requirements for you to look through so that you may have a better understanding of all of this. Unless I hear from you otherwise, I will plan on meeting with you tomorrow (Thursday 1/17) at 3:30 as discussed. Regards, Alison E. McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 978-688-9530 MESA - NHESP.pdf ' f NORTH q p "-(%4. Z. o ,6• ti� p O•Q cxniinewrcn , 1' CONSERVATION DEPARTMENT (ommunity Development Division MEMORANDUM DATE: November 6, 2007 TO: Richard Nardella, Chairman, Planning Board CC: Lincoln Daley, Town Planner Benjamin Osgood, Jr., New England Engineering Services, Inc. FROM: Alison E. McKay, Conservation Administrat r RE: 5 Village Way At the request of Lincoln Daley, Town Planner, The Conservation Department has reviewed the Watershed Special Permit application and associated Watershed Special Permit Plan dated July 2, 2007 for the above referenced site currently under review by your board. The Conservation Department offers the following comments: The Conservation Department reviewed the wetland delineation performed by New England Engineering Services, Inc. on November 2, 2007 and agrees with the boundary as depicted on the plan with exception to flag A9, which was determined to be further upgradient to the existing flag location (distance was not determined and/or measured in the field at that time). Although, this flag change would appear to have a negligible impact on the associated buffer zones and proposed project, it is recommended that this revision be made to reflect an accurate wetland resource area boundary for the record plan. I have discussed this with Ben Osgood, Jr. of New England Engineering. All of the work proposed will be located just outside of the 100 -foot buffer zone to this wetland resource area, therefore is not jurisdictional to the Conservation Department and does not require a Conservation filing. However, a portion of the work, including the landscape wall, pool and pool patio, fence, and associated grading, is located directly adjacent to and straddling the 100 -foot buffer zone. The applicant should be made aware that while the work as currently proposed is not jurisdictional to the Conservation Commission, any proposed or ensuing activity beyond the 100 -foot buffer zone resulting in alteration to that buffer zone would be jurisdictional to the Conservation Commission, which may result in a filing and/or issuance of an Enforcement Order (Wetlands Protection Act Regulations 310 CMR 10.02 (2) 3 (c)). 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com w 4. , :j. 7V A landscape wall of approximately 65 feet in length is proposed along a portion of the 100 -foot buffer zone immediately downgradient and adjacent to the proposed pool and pool patio. The Conservation Commission encourages the construction of landscape boulder walls (typically 2' x 2') to protect downgradient resource areas and to discourage potential future violations and/or encroachments. Therefore, the construction of this landscape wall is strongly encouraged by this department. A detail of this landscape wall is not provided however. The Conservation Department recommends that a wall detail be provided. Erosion controls consisting of staked haybales backed by silt fence are proposed and are depicted on the plan. Erosion controls should be installed just upgradient to the 100 -foot buffer zone to ensure that no work will not occur beyond the 100 -foot buffer zone. The Conservation Department requests verification of the installation of erosion controls prior to construction activities. The project site is located within an area designated as Priority Habitat of rare species and Estimated Habitat of rare wildlife in accordance with the most recent Natural Heritage Endangered Species map. The applicant is required to file the project application with the Natural Heritage Endangered Species Program (NHESP) for review pursuant to Massachusetts Endangered Species Act (MESA) regulations. The Conservation Department can provide assistance with filing procedures and guidelines if needed. Proposed work does not appear to depict a pool shed/ cabana for storage of the pool filter system and pool chemicals. It is recommended that information regarding the pool filtration system be provided as well as information regarding the storage of pool chemicals. The Conservation Department also recommends that an approval be conditioned to state that pool waters and pool backwash are not to be discharged towards the wetland resource area at any time and in perpetuity. I have no further comments at this time. Please let me know if you need further information or have further questions or concerns in this regard. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Town of North Andover Office of the Plannning Department r abs * Division of Community Development s9 A*•° �1600 Osgood Street S5ACHUgti� North Andover, Massachusetts M845 Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk NOTICE OF DECISION RECEIVED DEC 112007 NORTH ANDOVER CONSERVATION COMMISSION 11C.�;�juED 2007 DEC -7 P11 1 12 0i- MASS t',CH"U'fsm's Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers Date: December 5, 2007 Date of Hearings: November 6, 2007 through December 4, 2007 Date of Decision: December 4, 2007 Petition of: Danielle & David Dellovo, 5 Village Way, North Andover, MA 01845 i Premises Affected: 5 Village Way, North Andover, MA 01845, Assessor's Map 104C, Parcel 111 and within the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136.. So as to allow: to construct a 1,298 sq. ft. attached garage and house addition, in ground pool and deck totaling 1,575 sq. ft., driveway extension totaling 2,466 .sq. ft., installation of storm water management system, and related grading and landscape work within the 325 ft. Non -Discharge Buffer Zone. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District, based upon the following conditions: /'- AA- L L a^ �JY-/1Arr North Andover Plan ' g Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek Tim Seibert 5 Village Way, North Andover, Map 104C, Parcel 111 Watershed Special Permit — Construction of House Addition, Garage, Driveway Improvements, and Pool December 4, 2007 The public hearing on the above referenced application was opened November 6, 2007 and closed by the North Andover Planning Board on December 4, 2007. Benjamin Osgood, Jr., P.E., New England Engineering Services, Inc. was present and represented the applicant. On December 4, 2007, upon a motion made by John Simons and 2nd by Alberto Angles, the Planning Board voted to GRANT. a Watershed Special Permit to construct a 1,298 sq. ft. attached garage and house addition, in ground pool and deck totaling 1,575 sq. ft., driveway extension totaling 2,466 sq. ft., installation of storm water management system, and related grading and landscape work within the 325 ft. Non -Discharge Buffer Zone, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Danielle & David Dellovo, 5 Village Way, North Andover, MA 01845 on October 5, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a vote of 6-0. A Special permit issued by the Special Permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the rigX under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: A) The proposed structures will be connected to the Town sewer and water systems from Village Way, B -The-topographyraof the -site will -not be altered sub ally afid will -be located outside of the 100' J - 'Non -Disturbance Buffer Zone. C) The limit of clearing and impact is restricted to the riunimum necessary to constrict the proposed _' house additions and garage, driveway extension, and pool as shown on the plan; and D) -A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides, herbicides, r saps) that can be used on site: , E) The filtration system being proposed for the pool shall be a non -backwash type cartridge -system and the pool water sanitation system -is a chemically free design -that treats -pool water with a dual`� Purification system using ionization and ozonation. Use of this particular type -of filtration s _ - y swillbe placed 'in the deed Any cleaner used for the filter will remain on site. - 2 5 Village Way, North Andover, Map 104C, Parcel 111 Watershed Special Permit — Contraction of House Addition, Garage, Driveway Improvements, and Pool December 4, 2007 F) The construction of the single-family residence and pool has been reviewed by the Town's independent review consultant and Town Planner and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non -Discharge Zone for any discharge, structure or activity. The location of the proposed pool, garage, driveway extension, and house additions were designed to maintain the functionality of property while minimizing the impact to the environment and neighboring properties. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The uses will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District and are accessory uses to an existing single-family dwelling; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A) The "Locus" refers to the 131,902 sq. ft. parcel of land with legal frontage on Village Way as shown on Assessors Map 104C, Parcel 111, and also known as 5 Village Way, North Andover, Massachusetts. B) The "Plans" refer to the plans prepared by New England Engineering Services, Inc. dated July 2,1 :2007, -revised November ,2007 entitled `ryVa%Tshed District Special Permit Plan, 5 Village Way, North Andover, MA, Assessors Map 104C, Block 0111, Lot 000.0" and consisting of Sheet 1of1. C) The "Project" or "5 Village Way" refers to construct a 1,298 sq. ft. attached garage and house addition, in ground pool and deck totaling 1,575 sq. ft., driveway improvements totaling 2,466 sq. ft. driveway, installation of storm water management system, related grading and landscape work, and other improvement shown on the "Plans" as defined above. 3 5 Village Way, North Andover, Map 104C, Parcel 111 Watershed Special Permit - Construction of House Addition, Garage, Driveway Improvements, and Pool December 4, 2007 D) rThe "Applicant" refers to Danielle Dellovo, 5 Village Way, North Andover, MA 01845, the applicant for the Special Permit. E) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. . 3) Prior to any Work on Site: A) A performance guarantee bond of three thousand dollars ($3,000.00) made out to the Town of North Andover must be posted to insure that the consitruction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. B) - The limit of work as shown -on the plan by the erosion control.line must -be -marked in the -field- and -must be reviewed and approved by the Town Planner and Conservation -Department: C) (All erosion control measures, as shown. on the plan must be in place and reviewed by the Towri Planner and Conservation Department. Weekly inspections of all erosion control measures will be - ; ,• completed by the designated independent - Environ- nental Monitor and incorporated into the weekly reports as part of the approved Watershed Special Permit for this project. ' D) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: A) The Planning Board must endorse the final site plan mylar and three copies of the signed plans must be delivered to the Planning Department. B) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. C) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. D) The pool filtration system proposed is a non backwash type cartridge system and the pool water , NI anitation system is a chemically free design that treats pool water with a dual purification system'- usmg ionization and ozonation. This filtration system must be incorporated into the deed and use Of this system or its equal or better must be used in perpetuity on the site. Changes of the type of. ,pool filtration system used must be reviewed and approved by the -North Andover Planning Board. Failure to comply with this condition willresult in revocation of the Special Permit. E) The Applicant shall provide a detail of the proposed pervious pavement, including materials, dimensions/thicknesses and specifications for the porous asphalt mix to the Planning Department for final review and approval. 4 5 Village Way, North Andover, Map 104C, Parcel 11.1 Watershed Special Permit — Construction of House Addition, Garage, Driveway Improvements, and Pool L December 4, 2007 F) The -Applicant sliall provide written verification that there is a 2 -foot separation between annual _high- groundwater and the bottom of the infiltration system. 'Further, the final plans shall bet xev sed.to include all engineering details and information relating to the test pits. %, 5) Prior to the issuance of a certificate of occupancy: A)s -Foundation Plan: immediately upon completion of thepool foundation and prior to further _; construction activities associated with the site, the applicant shall complete a plan prepared by a. Registered --Professional Land Surveyor (R-P.L.S.) which accurately depicts the foundation iocatiojn and its proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan_ shall be submitted to the Town Planner for review to :verify that the setback limits under the special permit have been met. 6) Prior to release of the Performance Bond: A) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. B) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7)In no instance shall the applicant's proposed construction be allowed to further impact the site other than a proposed on the plan referenced in Condition 412. 8) No open buying shall be done except as is permitted during burning season under the Fire Department regulations. 9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 10) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 11) This Special Permit approval shall be deemed to have lapsed December 4, 2009 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 12) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan titled: Watershed Special Permit Plan 5 Village Way North Andover, Massachusetts Assessors Map 104.C, Block 0111, Lot 000.0 Prepared for: Danielle Dellovo 5 Village Way 5 5 Village Way, North Andover, Map 104C, Parcel l l l Watershed Special Permit — Construction of House Addition, Garage, Driveway Improvements, and Pool December 4, 2007 North Andover, Massachusetts Prepared by: New England Engineering Services, Inc. 1600 Osgood Street, Building 20, Suite 2-64 North Andover, MA 01845 Scale: 1" = 30' Date: July 2, 2007, Revised 11/26/07 Sheets: 1 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Al Map Output Page 1 of 1 http://maps.massgis. state.ma.us/servlet/com.esri.esrimap.Esrimap?ServiceName=matowns... 11/l/2007 4 ,0 LO 4 "0 j .y E L IQs CL �— w L W F L z 3i Y-1 S3JflIkIB 1 Q ❑0 4y %, 110 YJ w � N IQs CL �— w L W F L z 3i Y-1 S3JflIkIB 1 Q ❑0 4y %, 110 w � N t .r b� � 11 A8 A9 A5 A6 1 �11lc , I iLL , A4 25' NO DISTURB ZONE I � ' i i 50' NO BUILD ZONE A3 �y8 di b A2 I �I I �I 100' BUFFER ZONE / PLANNING BO NON DISTURB ZONE .-20 PROPOSED` LANDSCAPE 202 \ \ 2p0 WALL / IN PROPOSED • % ' POOL PLAYGR UN PROPOS PROPOSED'. ; . 2 CURB BITUMIN RQQLDEC I f`` I a,• :fi, PROPOSED DRIVEWAY I�� ' 210 , DECK ::.....:::::::.:::::'' PROPOSED '"` ............... . GARAGE .... FLR. ELEV. 212,xP�R`O ,210.0 ::::`DECK EXISITNG - BUILDING tn I I PROPOSED #5 v� I ADDITION 212 I O P GARAGE 210 ! ROPOSED ? N FENCE I �6 "..' PROPOSED BAY WINDOW PROPOSED McKay, Alison To: Daley, Lincoln Subject: 5 Village Way Lincoln, Please consider this e-mail notification to you for your file on the above referenced project. Upon a review of the accepted Watershed Special Permit Plan revised 11/26/07 for 5 Village Way, I have noticed a minor error on the wetland boundary. The plans should have depicted wetland flag A-8 connecting to wetland flag A9a, eliminating wetland flag A9 altogether. This error however, does not appear to impact the project as proposed since work would still be located outside of the 100' buffer zone/Planning Board Non -Disturb Zone. Please let me know if you have further questions or concerns in this regard. Alison E. McKay Town of North Andover Conservation Administrator 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA 978-688-9530 t. WassWi/d/ife Commonwealth of Massachusetts Division of Fiftheiries &'aw"ildlife IV 1) Wayne F. MacCallum, Director NOV 0 8 2005 November 3, 2005 NORTH ANDOVER Dear local official: CONSERVATION COMMISSION I am writing to inform you about important changes to-fhe Massachusetts Endangered Species Act Regulations (321 CMR 10.00) (MESA) that took effect July 1, 2005. These changes provide a clearer, faster review process for project proponents, without weakening rare species protections. Under MESA, the Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife reviews projects and activities for impacts to state -listed rare species and their habitats when these projects and activities occur within Priority Habitat. The NHESP has mapped Priority Habitats of Rare Species throughout Massachusetts, and published the maps online and in the Massachusetts Natural Heritage Atlas (see www.mass.gov/dfwele/dfw/nhesp/nhregmap.htm). Project proponents must file project plans with the NFIESP for proposed work within Prioritv Habitat (some exemptions may apply, see www.nhesp.org). This direct filing with the NHESP is required whether or not a project occurs within wetlands and whether or not a Notice of Intent is required. We need your help to successfully implement the revised MESA review process. As local officials charged with reviewing projects for compliance with zoning, wetlands, building, and health and safety codes and regulations .you are in a unique position to remind project proponents about MESA and the Priority Habitat maps. By reminding applicants who are proposing work within.delineated Priority Habitat that they may need to file with the NHESP you will help protect endangered species habitat in your city or town — you will also help project proponents avoid.costly delays and the potential for criminal and civil penalties that could arise from a failure to comply with MESA, e.g. having construction destroy known endangered species habitat. We are very excited about the new streamlined MESA review process. The regulatory changes that we have implemented are benefiting developers and other project proponents who are experiencing a clearer process and improved service as their projects are reviewed. The MESA changes are also benefiting rare species by assuring consistent review of projects within Priority Habitat. I am attaching a fact sheet that provides additional information about the revised MESA regulations. Please distribute and photocopy this fact sheet. I hope that you will help us to publicize the new changes to MESA. If you have any questions, please feel free -to contact us at (508) 792-7270, ext. 154. Thank you. Sincerely, Jon Regosin, Ph.D. Senior Project Analyst Natural Heritage & Endangered Species Program www m rcwil lie orQ Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax (508) 792-7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement RECEIVED OCT 31'2001 Do TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF SITE PLAN AND WATERSHED SPECIAL PEI NORTH ANDOVER FOR CONFORMANCE WITH THE NI COMMISSION TOWN OF NORTH ANDOVER ZONING BYLAW Site Plan Title: Watershed Special Permit Plan VHB No.: 09280.38 Site Plan Location: 3 5 Village Way, North Andover, MA L_ Applicant: Danielle and David Dellovo, 5 Village Way, North Andover, MA Applicant's Engineer: New England Engineering Services, Inc., 1600 Osgood Street, North Andover, MA Plan Date: July 2, 2007 Review Date: 10-31-07 The plan was reviewed for conformance to the 1972 Town of North Andover Zoning Bylaw (last amended July 10, 2006). The Applicant has submitted the following information for VHB's review: • Application for Watershed Special Permit, • Watershed Special Permit Plan, 5 Village Way —1 Sheet, dated July 2, 2007. The following comments note non-conformance with specific sections of the Zoning Bylaw or questions/comments on the proposed design and VHB's recommendations/suggestions. Town of North Andover Zoning Bylaw (4.121.7) The Applicant should specify on the plans that the proposed fence is at least 4 feet high, as required by this section. 2. (4.136.3.b.iii.2 and 3) VHB suggests adding notes on the plans prohibiting the use of lawn care products that may contribute to the degradation of the public water supply or the use of garden products that are not organic or slow-release nitrogen, as required by this section. 3. (4.136.4.c.ii.1) VHB suggests adding a note specifying that the annual mean high watermark of Lake Cochichewick is over 400 feet from the site. 4. (4.136.4.c.ii.6) The Applicant should show the limits of vegetation clearing/limit of work around the fence on the west side of the house and around the driveway and infiltration system area. 5. ( 4.136.4.c.iii) A written certification from a registered professional engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, has not been provided with this submission, as required by this section. General Site Plan /Drainage Comments 6. VHB suggests adding a north arrow to the plan. 7. The Applicant should provide sizing calculations for the proposed infiltration system, it is unclear how the size of the system (as shown on the plan) was determined. 8. Have test pits been taken at the location of the proposed infiltration system? The Applicant should verify that there is a 2 -foot separation between annual high groundwater and the bottom of the infiltration system. 1 C:\Documents and Settings\mippolit\Local Settings\Temporary Internet Files\OLK2\0928038-5 Village Way WSP.doc y 9. The Deep Sump Catch Basin detail specifies a frame and cover, a frame and grate should be specified. 10. The Applicant should specify the material thicknesses of the driveway pavement and gravel on the Bituminous Curb — Type "A" (BC) detail. 11. The Stone Retaining Wall detail specifies 2 -inch PVC pipes every 15 feet, on center, however it appears the proposed walls on the west side of the house are only 10 feet long. 12. The Applicant should clarify the use of the proposed retaining walls on the west side of the house. It does not appear that any grade changes are required at this location. 13. The Applicant should specify the inverts, materials and length of the pipe connecting the proposed catch basin and the proposed infiltration system. 14. Is the infiltration system designed to completely capture/infiltrate the first inch of runoff from the new impervious areas, or to detain it to mitigate peak runoff rates? 15. Is an outlet/overflow pipe proposed for the infiltration system, or is it the intent to allow runoff to backup through the catch basin and flow overland to the adjacent wetland? 16. The plan graphically shows the infiltration system to have 24 units (4 x 6), however the Storm Tech SC -310 Infiltrator detail specifies "10 units wide x 2 units deep". The Applicant should revise for consistency. 17. In the Storm Tech SC -310 Infiltrator detail, it appears the elevation for the bottom of the crushed stone is incorrect (97.67 should read 94.67). The Applicant should revise. 18. In the Storm Tech SC -310 Infiltrator detail, VHB suggests that the "12" Earth Cover" note be revised to read "12" Min Earth Cover", since it appears the infiltration system will be almost 10 feet below ground. 19. The Erosion Control detail should specify the direction of flow of runoff. It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments contained herein. Reviewed by: Checked by: Darryl Gallant, P.E. Civil Engineer — Highway and Municipal Timothy B. McIntosh, P. E. Project Manager — Highway and Municipal Date: Date: 2 Q\Documents and Settings\mippolit\Local Settings\Temporary Internet Files\OLK2\0928038-5 Village Way WSP.doc Town of North Andover I _� µORT, 4 < , Office of the Planning Department Community Development and Services Division ^off 1600 Osgood Street, Bldg. 20, quite 2-36 ���• 3ldg. ZBA North Andover, Massachusetts 01845 "SS►c -USO, ',on/Com Health http://www.townoftiorthandover.com ,ire Chief Police Chief down Clerk DPW/EngineersP (978) 688-9535 ay"542 TO THE LAWRENCE EAGLE TRIBUNE OCT 2 4 2007 P" LEGAL AD NORTH ANDOVER C6NSERVATION COMMISSION FOR PUBLICATION MONDAY, CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, NOVEMBER 6, 2007 In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Watershed Special Permit under Sections 4.136bici & 10.3 of the Zoning Bylaw within the Non -Discharge & Non -Disturb zone of the Watershed Protection District. Applicant seeks to construct garage and small room as well as additional driveway, deck and pool, within the R-1 Zoning District. Applicant/Petitioner: Danielle & David Dellovo 5 Village Way North Andover, MA 01845 Owner: Same as above. Address of Premises Affected 5 Village Way, North Andover, MA 01845 Assessors Map and Lot: Map. 1040, Parcel 111 Public Hearing. Date & Time Tuesday, November 6, 2007 & 7:00 PM Location of Public Hearing Town Ha11, 120 Main Sye d floor conference room. All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at. (978) 688-9535. Richard Nardella, Chairman, North Andover Planning Board �rellc� �:dovo q7� cgs 7sg7 CQ,. `t 1 4 76 - So - a� �� From: McCabe, Dee [Dee.McCabe@Monster.com] Sent: Wednesday, June 22, 2005 3:48 PM To: McKay, Alison Subject: information on wetlands Hello Alison, how are you? I live at 5 Village Way which is around the corner from Smolak Farms, and we are in the planning stages of some work on our house, as well as being interested in putting in a pool. I would like to be proactive in understanding if we are near wetlands etc. Are you the right person to contact? Any and all info will be so helpful. Thanks so much in advance! Danielle McCabe NOTICE: The information contained in this electronic mail transmission is intended by Monster Worldwide, Inc. or one of its subsidiaries or affiliated companies for the use of the named individual or entity to which it is addressed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, any individual or entity other than the named addressee (or a person authorized to deliver it to the named addressee) except as otherwise expressly permitted in this electronic mail transmission. If you have received this electronic transmission in error, please delete it without copying or forwarding it, and notify the sender of the error by reply email. (FE01) 8/14/2005