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Home My WebLink AboutMiscellaneous - 526 WINTER STREET 4/30/2018 (5)IN CONSERVATION DEPARTMENT Community Development Division September 29, 2015 Alison Kincade 526 Winter Street North Andover, MA 01845 RE: Selective removal of 2 damaged trees within the Buffer Zone to Bordering Vegetated Wetland at 526 Winter Street. This is a follow up letter pertaining to your request to remove two (2) trees which are damaged/ unhealthy and leaning over the driveway/yard at 526 Winter Street. Both trees are within the Buffer Zone to Bordering Vegetated Wetland but are more than 50' from the delineated wetland. The trees were identified during a site visit by the Conservation Department on September 22, 2015. The trees which are permitted to be removed are identified in the attached photos. (A Wetland Delineation was completed in May 2015 and is shown on the plan for the property, wetland flagging was still present and visible at the time of the site visit for the above referenced trees.) *Determination of property ownership is the responsibility of the property owner. Due to the potential danger imposed by the trees, the Conservation Department will permit their removal to prevent possible injury or property damage. These cutting activities shall be limited to the two trees identified and shown in the attached photographs. The approved cutting will be subject to the following conditions: ❖ No machinery shall enter the 25' No Disturbance Zone. •'• No work shall occur in resource areas. ❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of properly. ❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground down or cut flush with the landscape. ❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved trees. ❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com ❖ The applicant shall notify this department immediately following completion of work for a final site inspection. ❖ Areas within 100 -feet of wetland resource areas shall remain in a natural state and no further vegetation shall be removed without the prior approval of the Conservation Department/ Commission. ❖ This permit shall expire six months from the date of issue. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Heidi Gaffney Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator Please see the attached photos. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com CONSERVATION DEPARTMENT Community Development. Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 526 Winter Street, North Andover At the June 24, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability to crush and remove an existing septic tank, and for the installation of a new 1,500 gallon septic tank and 1,000 gallon pump tank within the Buffer Zone to Bordering Vegetated Wetland (BVW). Work also includes installation of sewer line to connect the dwelling to the new tanks and trenching and installation of force main piping and conduit for the electrical power to the pump tank. The closest point of work is 30 feet from the edge of the BVW. All disturbed areas will be loamed and seeded upon completion of the project. In addition, the applicant will remove debris and woody material to an approved off-site location (i.e. Cyr Recycling Center), level stockpiled organic material, and allow the previous brush dump area to return to a natural state. Wetland markers will be installed at the 25 -foot No -Disturbance Zone between wetland flags 1A and 7A and at the brush dump area. The project will conform to the following: Applicant: Lorraine and Douglas Schmidt 526 Winter Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, received: May 29, 2015 Record Plan: Upgrade Plan of Subsurface Sewage Disposal system Prepared by: Merrimack Engineering Services 66 Park Street North Andover, Mass. 01810 Date: 5-18-15 Sheets 1 & 2 SPECIAL CONDITIONS: 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoveriblA_Conservation/index 2. Prior to the start of construction, the contractor will install erosion controls as shown on the herein referenced plans between the proposed work and wetland resource areas. Erosion control will be a minimum 12" silt sock made of natural fibers (no plastic netting). 3. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 4. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 5. Excavated soils shall be properly disposed of offsite and shall not be stockpiled within 100' of the resource area. 6. Wetland markers will be placed on existing vegetation or 4" x 4" x 6-7' pressure treated posts at 30' intervals (approximately 5 markers — 3 round and 2 square). Markers are available from the Conservation Department ($2 round/$3 square). 7. Once construction is completed, all disturbed areas will be loamed and seeded. 8. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed), please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. rerun A. General Information From: North Andover Conservation Commission To: Applicant Lorraine & Douglas Schmidt Name 526 Winter Street Mailing Address North Andover City/Town Property Owner (if different from applicant): Name Mailing Address MA 01845 State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Upgrade Plan of Subsurface Sewage Disposal System May 18, 2015 Title Date Title Title 2. Date Request Filed: Mav 29. 2015 B. Determination Date Date Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Installation of a septic tank, pump tank, septic piping and minor grading within the Buffer Zone to Bordering Vegetated Wetland.Woody material and debris will also be removed from the 100 -foot Buffer Zone and wetland markers installed. Project Location: 526 Winter Street Street Address MaD 104A Assessors Map/Plat Number North Andover City/Town Parcel 80 Parcel/Lot Number wpaform2.doc • Determination of Applicability • rev. 12/14 Page 1 of 5 Massachusetts Department of Environmental Protection ILIBureau 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 Determination (s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 12/14 Page 2 of 5 LI)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 Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See Attached ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • Determination of Applicability • rev. 12/14 Page 3 of 5 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.) ❑ 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. Thp area an O/--4 Name of Municipality Ded inquest is not subject to review and approval by: V--(7 Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Name C. Authorization Chapter 178 Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on []rby certified mail, return receipt requested on Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www. mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-req Tonal-office-for-your- city-or-town.html) and the property owner (if different from the applicant). 6 0-26/i s" Date wpaform2.doc • Determination of Applicability • rev. 12/14 Page 4 of 5 Massachusetts Department of Environmental Protection Lj\�— 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 htti)://www.mass.gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. vrpaform2.doc • Determination of Applicability • rev. 12114 Page 5 of 5 ILIMassachusetts 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ILS A. Request Information 1. Location of Project a. Street Address b. City/Town, Zip DEP File Number: Provided by DEP c. Check number d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number State Fax Number (if applicable) —.r ____ 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address City/Town Phone Number 4. DEP File Number: B. Instructions State Fax Number (if applicable) 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions —Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, 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. 12/15 Pagel of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Provided by DEP Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 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. 12/15 Page 2 of 2