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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
64 North Cross Road, North Andover
At the September 9, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for the removal of seven (7) trees within Riverfront Area,
Bordering Vegetated Wetland (BVW) and the associated Buffer Zone. The NACC approved a waiver
request to remove trees with the 25-foot No-Disturbance Zone. The waiver request was approved
following a site visit by a majority of the NACC and upon the following findings of fact:
• The home was lawfully constructed in 1990 under DEP File #242-488 (Order of Conditions
issued February 1989)
9 The trees are in close proximity to the house and pose a potential hazard to the structure and its
inhabitants as observed by the NACC at a site visit on September 1, 2015 and detailed in a letter
from Dennis Silvo,Arborist with Iron Tree Service
• There are no alternatives to tree removal
The project will conform to the following:
Applicant: Doug&Kris Alexander
64 North Cross Road
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form 1,Waiver Request,Letter
from Dennis Silvo,Arborist with Iron Tree Service, and supporting
materials, submitted:August 11, 2015
Record Plan: "As-Built Site Plan of Lot#1" (with hand edits for tree removal) (original
plan December 1990). Dated 8/11/15
Wetlands Delineated by: Norse Environmental
8/18/15
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:htip://www townof iorthandover.com/Pages/NAndoverAfA—Conservation/index
1
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.
2. Prior to the tree removal,the applicant/homeowner will arrange a preconstruction meeting at the site
with the tree company and the Conservation Administrator to be certain the conditions of the
Determination are met.
3. Trees designated for removal shall be marked in the field.
4. Trees shall be removed in sections or in a manner approved by the Conservation Department that will
not cause damage to the remaining trees in the wetland resource area.
5. Stumps shall be left in place. Stumps may be cut flush with the ground (no grinding or full removal).
6. As mitigation for the proposed tree removal, the applicant will restore an area of Bordering Vegetated
Wetland that is maintained as lawn (as identified in the field with the Conservation Administrator—
behind wetland flags 9A-11A). The area shall be planted with shrubs to be planted 6-8 feet on center
and chosen from the following list:
• Sweet pepperbush (Cletbra alnifolia),winterberry (Ilex vvYicillata),high-bush blueberry (Vac(inum
cogmbosum), speckled alder (Alnus incana),red osier or silky dogwood (Cornus sericea or amomum),
or norther arrow-wood (Virburnum dentatum).
• Plants shall be monitored for one year following installation.After one year the
applicant/homeowner will submit a report documenting the health of the species planted
(including photos). Plants that do not survive must be replaced.
7. Upon completion of the approved project and final site stabilization please contact the Conservation
Department for a final inspection.
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
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Doug & Kris Alexander
return key. Name Name
64 North Cross Road
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
As-Built Site Plan with hand edits (8/11/15) December 1990
Title Date
Title Date
Title Date
2. Date Request Filed:
August 11, 2015
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Removal of 7 trees within Riverfront area, Bordering Vegetated
Wetland and the associated Buffer Zone. A waiver of the No-Disturbance Zone is requested.
Project Location:
64 North Cross Road North Andover
Street Address City/Town
Map 38 Parcel 185
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 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.)
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.12114 Page 2 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.)
❑ 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 an sites which can reasonably be obtained within theappropriate
❑ Y Y
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).
❑ 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
ILIBureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
® 6. The area and/or work described in the Request is not subject to review and approval by:
North Andover(see attached conditions)
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
Date Date
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-regional-office-for-your-
city-or-town.html)and the property owner(if different from the applicant).
Signatur :
Date
wpaform2.doc•Determination of Applicability•rev.12/14 Page 4 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
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass..qov/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.
wpaform2.doc•Determination of Applicability•rev.12114 Page 5 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.City/Town,Zip
c.Check number d. Fee amount
important: 2 Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
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 State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
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 Page 1 of 2
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
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
i
I
i
I North Andover Conservation Commission
Site Inspection Sheet
Dep File # 242-
/does not have permit with Conservation Commission
Date:
Address:_ Za
Agent/Representative/ wne
present:
Findings:
dAIZ2Lug %
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands �a
1NPA Form 9A - Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
13 Order
The Issuing Authority hereby orders the following(check all "!�: The property owner shall take the following action to
that apply): prevent further violations of the Act:
❑ The property owner, his agents,permittees,and all .� /5 �/�� t�^ ��n�-yk5 C
others shall immediately cease and desist from the further j� f
activity affecting the Buffer Zone and/or wetland resource sCIP— MA 5Q e� �nJl s �t(7- 2�
areas on this property.
❑ Wetland alterations resulting from said activity shall be f Q/+��Y,
corrected and the site returned to its original condition.
�Ov n lia��� �'PJc. � Con
❑ Complete the attached Notice of Intent.The completed Oct ` k oj A-r S fi- b2 CL)4 ,`
application and plans for all proposed work as required by
the Act and regulations shall be filed with the Issuing Z a G}
Authority on or before (date).
No further work shall be performed until a public hearing Failure to comply with this Order may constitute grounds
has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws
to regulate said work. Chapter 131,Section 40 provides: "Whoever violates any
provisions of this section shall be punished by a fine of not
more than twenty-five thousand dollars or by imprisonment
for not more than two years or both. Each day or portion
thereof of continuing violation shall constitute a separate
offense."
Appeals/Signatures — /—a a d
An Enforcement Order issued by a conservation commission
cannot be appealed to the Department of Environmental Signatures:
Protection,but may be filed in Superior Court.
Questions regarding this Enforcement Order should be
direct e o: i
Name
Phone Number
HoursiDaysAvailable 4�0
Issued by
�A-Jk
IJC�
Conservation Commission
Ina.situation requiring immediate action,an Enforcement
Order ifiay be signed by a single member or agent of the S ofdeliueryperson cem ed mail as
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
LINDA DIANE POIRiER
Notary Public
Commonwealth of.Massachusetts
My Commission Exres
Februar 14,20N,
Bureau of Resource Protection- Wetlands
PA Form 9 - Enforcement Order for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland
i Protection Bylaw.
I Violation Information
This Ekorcement Order is issu d by: Extent and type of activity:
[1vC� �XCc�Ucn I �a� Ora ( ��aq,/� GP
Consewation Commission(Issuing Authority)
To: —
(f('e.r E�A)0 c rdNtie I
+I Name of Violator
Location of Violation:
C!v i, Lj
Streetflgtdre f !�J/A�11 0"e�
i
Ciry/Town
+ Assessors Map/Plat l Parcel/Lot l
Date of Issuan e:
Date
+i
I
I
Findings
The Issuing Authority has determined that the activity ❑ Other(specify):
described above is in violation of the Wetlands Protection Act
(M.G.L.c.131,§40)and its regulations(310 CMR 10.00),
because:
the activity has been/is being conducted without a`valid
rder of Conditions.
i ❑ the activity has been(is being conducted in violation of
the Order of Conditions issued to:
Name
Dated
File Number .
Condition number(s)
n +Winn
310 CMR 10.99 pANiE� �11�G
TO�ft r„t,.k.7�
Form 8 ORTI' f ;tPO�cR DEP File No. 242-508
ty0 J� (To De wovioed by DEP)
North Andover
_ Commonwealth City Lown
-"-<= =. of Massachusetts ADDiicanl Charles Stahl ey
• Lot 1 North Cross Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
To Charles Stahley 64 Nnrt1, rrnco ua_ North Andover, MA
(Name) (Address)
Date of Issuance
This Certificate is issued for work regulated by an Order of Conditions issued to Allen Cuscia &
Joseph Levis dated 9-15-99 and issued by the
NACC
1. X It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. ❑ 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: (It the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without tiling a new Nonce of Intent
and receiving a new Order of Conditions.
.....................................................
....................................................................................................
(Leave Soace Blank)
s-1 "
Effective 11/10/89
Form 5 DEOE File No.
242-488
(To be provided by DEQE)
Commonwealth City/Town North Andover
of Massachusetts Applicant Allen Cuscia & Josevh Levis
Lots 1,7 & $ North Cross Road Z.
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
. and under the Town of North Andover's Town Bylaw, Chapter 3.5 A&B
From North Andover Conservation Commission
To Allen Cuscia & Joseph Levis Same
(Name of Applicant) (Name of property owner)
25 Center St. , Methuen, MA 01844 Same
Address Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or.representative on (date)
by certified mail, return receipt requested on February 22 1989 (date)
This project is located at Lott t 7 & 8 North f'rnaa 12nad
The property is recorded at the Registry of' Northern Essex
Book 2743 Page 55
Certificate(if registered)
The Notice of Intent for this project was filed on October 24- 1 (date)
The public hearing was closed on November 22 1988. (date)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the Information available to the
NACC at this time, the NACC has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations and precedent and practice under this
Town's ByLaw for each area subject to protection under the Act and ByLaw:
Public water supply Flood control ❑ Land containing shellfish
Private water supply Storm damage preventionG��/ Fisheries
Ground water supply Prevention of pollution rB Protection of wildlife habitat
5.1
FffPrfivn 11/1/87
