HomeMy WebLinkAboutApplication - 75 SUMMER STREET 9/23/2014 Al
Notice of Intent Application :r.
Wetlands Protection Act and North Andover Wetlands By-law
N()FTH I ANDOVNP-I
CONSERVATION(FfJMMIc, IC)N
75 Summer Street
North Andover, MA
September 2014
Wetlands & Land Management, Inc.
100 Conifer Hill Drive-Suite 516
Danvers, MA 01923
Wetlands Ill ! lot)Conifer Hill Drive-4516
Dmvem MA 01923
978-777-0004°relephone
978-539-0005 FAX
September 23, 2014
Jennifer Hughes
North Andover Conservation Commission
1600 Osgood Street— Suite 2035
North Andover, MA 01845
RE: Notice of intent application NOR IIIANC7(.)VL:R
Herrick Development,LLC ,CONSE FIVAI ION ty014,11")SION,
75 Summer Street
Dear Ms. Hughes and Conservation Commission Members:
On behalf of the applicant, Wetlands&Land Management Inc. is submitting this Notice
of Intent application to construct a new home in the buffer zone of bordering vegetated
wetlands and in riverfront of Mosquito Brook. The work will be performed on vacant
land of a previously subdivided ANR lot from 59 Summer Street.
The proposed work includes construction of the house and the ancillary items that go
along with house construction such as install utilities, driveway, landscaping, decks and
the like. The home will be serviced by municipal water and sewer. The house site is
pushed to the front of this lot as far logistically possible from Mosquito Brook and the
adjacent t wetlands.
There is flood plain associated with Mosquito Brook, however all work is well outside of
any bordering land subject to flooding.
Would you please schedule this matter for your earliest available meeting?
Sincerely,
Wetlands &Land Management, Inc.
(.�o-) Mt�'
William J. Manuell
Wetland Scientist
For the Applicant
Locus Map
Source: United States Geological Survey
• }• 5 i k ---J,--a.'; t _ ri'.+a Atr /1" .r`� 1 I _.
rr
fl
jj
Li
�s
j4 ,t 'k--��.. 5 't t`� i�t•� !rl + .rq _ ?r,r .
I _.'�,`� �+d, ly. k•� ® ®_ - -, ... -ter.���} ;a ! ,d°-
.'�. L -sl f ,� y,1y ;�i7 � - •r �''� 5�� �-�� _ 't`� ,,�1 j �
4� ti
r <.
,�4 ,SI � tr r.r �.. t I` - �f.-' ' -� .,,r -� _y�• d I r =', J ---� �i t*✓
i 111 � � r.} ��f I" `',ti t 1, f fr'i.'•S� _r, ��� t°- j ���,...�r� �
-tit
—T;17
r � a ! ri.� � _ .� } ,ttr� _��' f ` II ; ..t.'� *•,,
Wetlands & Land Management, Inc.
100 Conifer Hill Drive-9516
Danvers,NIA 01923
978-777-0004
I� i p I � Mi I ire i��u° � VVVI III VVV VVV Vu��' of
IV a
if J C�a�i II� r
�.r
q omit
fr �
UUi�gyp; ur
aY"1Y���I�i�i� PfjP i0 �9J O �°
cn
o
�.� 1111111 I�uuuuuuu ��� � uol
u IIIIIIIIIIII IIIIIIIIIIIIIII II
"k kkr1
I lint"
L
�T
�mw I
g3
NMI D o H p
R A O
m
p 3. °
5566� �
m$33� a hto� u.r 3i�0°� ° m � 4U 0 -o
° m i aEQ 3 a 3 ca�' Z m Z
Sa o o cN o= r �vi�
m m,'m°
p m N P
o3mv® o m® O c ACS Z
-n �o z A
�sS Ana Q �•H.3,K
off°' ^. Wm 0= a °� rp
y n y C Q� mom {
ma ° � Vm °°gym m -n
Nm X170 ®m Em
Rm�
0 m L...,.....
II
s
NORTH ANDOVFn
_C ON SLRVA ION C01 IdISSION i
Notice of Intent Application (WPA Form 3)
Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection -Wetlands MassDEP File Number
WPA For m31 - Notice o In#lent
�� ��' Document Transaction Number
Massachusetts Wetlands Protection A �t �VLGE 1 40 P North Andover
North Andover Wetlands By-law and ulations ! City/Town
Important:
When filling out A. General Information
forms on the
computer,use 1. Project Location (Note: electronic filers wi 16(irh�httiO4`4�� � r ject site):
only the tab key
to move your 75 Summer Street North Andover 01845
cursor-do not -a.Street Address b.City/Town c.Zip Code
use the return 42.6671 -71.0857
key. Latitude and Longitude:
d.Latitude e.Longitude
Q 65 303
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
Chris Herrick
a.First Name b. Last Name
Note: Herrick Development, LLC
Before c.Organization
completing this 19 Francis Street
form consult
yourlocal d.Street Address
Conservation North Reading MA 01864
Commission e.City/Town f.State g.Zip Code
regarding any 978_g79_1262
municipal bylaw
or ordinance. h.Phone Number L Fax Number j.Email Address
3. Property owner(required if different from applicant): ❑ Check if more than one owner
Gail Bartashy
a. First Name b. Last Name
c.Organization
1852 Sailfish Court
d.street Address
Kissimmee FL 34744
e.City/Town f.State g.Zip Code
407-766-8857
R Phone Number L Fax Number j.Email address
4. Representative (if any):
William Manuell
a. First Name b. Last Name
Wetlands & La_nd Management, Inc
c.Company
100 Conifer Hill Drive#516
d.Street Address
Danvers MA 01923
e.City/Town f.State g.Zip Code
978-777-0004 978-539-0005 bill @wetiandsim.com
h.Phone Number L Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$950.00 $462.50 $487.50 plus$1857. local fee
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
L) I Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
North Andover Wetlands By-law and Regulations City/Town
A. General Information (continued)
6. General Project Description:
Construct a new house in buffer zone and riverfront area.
7a. Project Type Checklist:
1. ® Single Family Home 2. ❑ Residential Subdivision
3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry)
9. ❑ Transportation 10. ❑ Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal) or 310 CMR 10.53 (inland)?
1. ❑ Yes ® No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
Essex North
a.County b.Certificate#(if registered land)
11886 250
c.Book d.Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section 8.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
For all projects
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Resource Areas,
please attach a a. 171 Bank
narrative 1.linear feet 2.linear feet
explaining how b. ❑ Bordering Vegetated
the resource
area was Wetland 1.square feet 2.square feet
delineated.
c. ❑ Land Under 1.square feet 2.square feet
Waterbodies and
Waterways 3.cubic yards dredged
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 (North Andover
North Andover Wetlands By-law and Regulations City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. ❑ Bordering Land
Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet replaced
e. ❑ Isolated Land
Subject to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet replaced
f. ® Riverfront Area Mosquito Brook
1.Name of Waterway(if available)
2.Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft.-All other projects
3.Total area of Riverfront Area on the site of the proposed project: 109365+/-
square feet
4. Proposed alteration of the Riverfront Area:
6700+/- 0 6700+/-
a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? ® Yes❑ No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes® No
3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on
your receipt b. ❑ Land Under the Ocean 1.square feet
page)with all
supplementary
information you 2.cubic yards dredged
submit to the
Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment
e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
North Andover
North Andover Wetlands By-law and Regulations Cityl-rown
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement(if any)
f. 171 coastal Banks 1.linear feet
g. ❑ Rocky Intertidal
Shores 1.square feet
h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation
i. ❑ Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ Land Containing
Shellfish 1.square feet
k, ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.cubic yards dredged
1. ❑ Land Subject to
Coastal Storm Flowage 1.square feet
4. ❑ Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a.square feet of BVW b.square feet of Salt Marsh
5. F-1 Project Involves Stream Crossings
a.number of new stream crossings b.number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
.aiass.cM/dfwe1 ewer.htrn.
a. 171 Yes Z No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
2008 100 Hartwell Street,Suite 230
b.Date of map West Boylston,MA 01583
Massachusetts Department of Environmental Protection Provided by MassmEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form .35 - Notice of Intent Document Transaction Number
Massachusetts Wetlands Protection Act M.G.[. c' 131` §40 North Andover
North Andover Wetlands By-law and Regulations City/Town
C. Other Applicable Standards and Requirements (cont'd)
|f yes,the project iu@|eoeubiocttoK8amaaohuaettsEndunQenedGpedee8ct (yNE8/Aravimw(321
[|K8R 10.1E).To 30'dmy. N1E2AJ1Nat|ando Protection Act review, please
complete Section [.1L, and include requested materials with this Notice of Intent(y0); OR
complete Section CAA, if applicable. /f MESA supplemental/n/brnetion/onotinchud*dwithhhexJOK
by completing Section Ynf this form, the NHfSP will require a separate MESA rili/owhich may take
bnQ� �amxbor�x�o*/un�aanm��d a/n�oo��n2aoxdu see u ��~ `__ �x��p,/�// apply, '.
1. o. Submit Supplemental Information for Endangered Species Review*
1. [] Percentage/acreage of property tobealtered:
(4 within wetland Resource Area percentage/acreage
(h) outside Resource Area
u. [] Assessor's Map urhght-of+way plan nfsite
a. Fl Project plans for entire p 'uctoibe. including vv$t|ond resource amyum and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work^^~~
(u)R Project description (including description of impacts outside of wetland resource area &
bufferzone)
(b) FI Photographs representative of the site
(4[I MESA filing fee (fee information available at:
Make check payable to"Commonwealth of Massachu ts- NHESP"andmailto
8HESPat above address
Projects altering f0mv more acres ny land, also submit:
(d) El Vegetation cover type map ofsite
(e)D Project plans showing Priority& Estimated Habitat boundaries
d. OR Check One of the Following
i.Fl Project is exempt fromMESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CK8Fl 10.14.
NP_ES�ii the
_qfweIe/dfw/nhes /r
the NOI must still be s;n_tt6_ proj ct is WiihWn estimated habitat pursuant to
31DCK8R1O37an� 1O ��)
. . , �
2.[:] Separate MESA review ongoing.
~
Some projects not in Estimated Habitat may belocated in Priority Habitat, and require NHESP review(see
regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
= MEGA projects may notbeoegmented(321CKAR1U.1O).Thaopp|inonLmuotdioo|osefuUdeve|opmentp|anoevenifouchp|ansere
not required au part uf the Notice of Intent process.
L11Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
North Andover Wetlands By-law and Regulations City/Town
C. Other Applicable Standards and Requirements (cont'd)
3.❑ Separate MESA review completed.
Include copy of NHESP "no Take"determination or valid Conservation & Management
Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ❑ Not applicable—project is in inland resource area only
b.❑ Yes ® No if yes, include proof of mailing or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
Island, and the Cape&Islands:
Division of Marine Fisheries- Division of Marine Fisheries-
Southeast Marine Fisheries Station North Shore Office
Attn: Environmental Reviewer Attn: Environmental Reviewer
1213 Purchase Street—3rd Floor 30 Emerson Avenue
New Bedford, MA 02740-6694 Gloucester, MA 01930
Also if yes,the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online Users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
transaction b.ACEC
number
(provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page)with all
supplementary a. ❑ Yes ® No
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a. ❑ Yes ® No
6. is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1.❑ Applying for Low Impact Development(LID)site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2.❑ A portion of the site constitutes redevelopment
3. ❑ Proprietary BMPs are included in the Stormwater Management System.
b. ® No. Check why the project is exempt:
�. ® Single-family house
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number...
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
North Andover Wetlands By-law and Regulations cityrrown
C. Other Applicable Standards and Requirements (cont'd)
2. ❑ Emergency road repair
s.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project)with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page)for any of the
following information you submit to the Department.
1. ® USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. 0 Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
s. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. ❑ List the titles and dates for all plans and other materials submitted with this NOI.
Site Plan- 75 Summer Street, North Andover, MA
a.Plan Title
LJR Engineering, Inc. Luke J. Roy, PE
b.Prepared By c.Signed and Stamped by
Stamped 9-24-14 40
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
s. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. 0 Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
__ _.___ ..•,_ Massachusetts Department of Environmental Protection Provided by MassD P:
_... _.. Bureau of Resou rc Protection a Wetlands
�aa�p n'1a Number Massachusetts Wetlands Protection Act G .t ,L.. c. 11, §40 Cscrrent Transaction
WPA Form 3 - Notice, of intent
Numbs
North Andover
Tess
1, m;& Fee Exempt:No filing fee shall be assessed for projects of any city,town,county, or district of
the Commonwealth,federally recognized Indian tribe housing authority, municipal housing
authority,or the Massachusetts Bay Transportation Authority.
Applicants must submit the following Information(in addition to pages 1 and 2 of the NOI Welland Fee
Transmittal Form)to confirm fee payment:
2.Municipal heck Number 3,Check date
4.State Check Number .Check data
k CL LL 6
6.Payor name on check:First Name "7.payer name on check:Lest Narne
.®._Signatures.... . ,Submittal ....Requirements
...n_.._.wm ...._n.__...._. _..... ., .W, ......._......... ..........ob.............
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations,310 CMR 10,05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M. .L. c. 131, §40, Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the
project location,
F
1 S i i
7ature rat Applicant 2 Date
Signature of Property Owner
(iiffiercanl) ........m .. .m. .. � 1 .. ._ _.
ra'r(r�Representative(if any) 6.Da Ce
For Conservation Commission:
Two copies of the completed Notice of Intent(f=orm ), including supporting plants and documents,two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment,to the Conservation
Commission by certified mail or hand delivery.
For MassOEF:
One copy of the completed Notice of Intent(Form ),including supporting plans and documents,one
espy of the NOI Wettand Fee Transmittal Form,and a copy of the state fee payment to the Ma s[DEP
Regional Office(see Instructions)by certified mail or hand delivery.
Other:
If the applicant has checked the`.yes"box in any part of Section C, Item 3, above,refer to that section
and the Instructions for additional submittal requirements,
'The original and copies must be sent simultaneously, Failure by the applicant to send copies in
timely manner may result in divnissal of the Notice of Intent.
wpafornildoc-rev.102012 Page s of
Notice of Intent Fee 'Transmittal Form
(WPA Appendix B)
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Location of Project:
computer,use
only the tab key 75 Summer Street North Andover
to move your a.Street Address b.Ctty/Town
cursor-do not
use the return 5 s o $462.50
key. c.Check number d.Fee amount
2. Applicant Mailing Address:
Chris Herrick
a.First Name b.Last Name
Herrick Development, LLC
c.Organization
19 Francis Street
d.Mailing Address
North Reading MA 01865
e.City/Town f.State g.Zip Code
978-979-1262
h.Phone Number 1.Fax Number J.Email Address
3. Property Owner(if different):
Gail Bartashy
a.First Name b. Last Name
c.Organization
1852 Sailfish Court
d.Mailing Address
Kissimmee FL 34744
e.City/Town f.State g.Zip Code
407-766-8857
h.Phone Number I.Fax Number j.Email Address
To calculate B. Fees
filing fees,refer
to the category
fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before
examples in the filling out worksheet.
instructions for
filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Form 3(Notice of
Intent).
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category
(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract$12.50.To
calculate the city/town share of the fee, divide the total fee in half and add$12.50.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Not Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
New home in RA one $500 x 1.5 $750.00
Wetland delineation- cat 6 838 if $2/If $200.00 max
Step 6/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee: $950.00
a.Total Fee from Step 5
State share of filing Fee: $462.50
b.1/2 Total Fee less$12.50
City/Town share of filling Fee: $487.50 plus local fee
c.1/2 Total Fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
HER_RICK DEVELOPMENT LLC $30
PH.97 8-9794282
19 FRANCIS STREET SWeld`
NORTH REQING,MA D16643121 DATE
PAY TO THE L' (Lr I $ G2 So
Ct!:,,rr- 0L4 S'[E 'Fib allf DOLLARS
1:0113027421: 665 4320/0530
HERRICK DEVELOPMENT LLC s1�7u11a .531
PH.97 8-979-1262
19FRANGSSTREET .® „ ',..
NORTH READING,MA 018643121 DASH L
€ PAO oP TAc'a7 oG N. 'idpL is J $ '/97.56
('� r LtJ Isla //
Y ST c W QcIl1- Jam )-DOLLARS e Ml= ',.,...
i
uoc�.�levcrv�rta Y/n/
• lamco76'S.XhMCr-�al£�dSfii.���l �^^✓l� stn, N' ',.
1:0k13027421: 665 4321MOS31
HERRICK DEVELOPMENT LLC 4J71a 532
PH-97&97&1262
_ 19 FRANCIS STREET
NORTH READING,MA 016643121 DAZE C 7 rY9
J
Ponom%Tt�c�i. 6ErlcYI335r I $ Jq$77-00
!17�►'1_P--�G`"7f �47A Ci�J� 4- �i'�Sftil6� 415 LJ
d
B n
eY{eeertltvtG�y � //
75'PBLMW'QUtT1� j/�/ ti/LI(
1:0113027421: 665 4321110532
Filing Fee Calculation
Wetlands Protection Act fees:
New house in RA $500 x 1.5 = $750.00
Wetland delineation fee $8381f x $2/if= $200 max.
Total $950.00
$950.00—25.00 = 925.00/2 = $462.50 to the Commonwealth of MA
$462.50+25.00=$487.50 to the Town of North Andover plus local fees (below)
North Andover fees:
New house in RA $500 x 1.5= $750.00
Wetland delineation fee 7381f** x$1/if x 1.5 for RA= $1107.00
Total $1857.00
** Total if of wetlands is 838. First 100 feet is free. Total billable delineation is 738.
Abutter Information
Abutter to Abutter( ) Building Dept, (X ) Conservation (X ) Zoning ( X )
TOWN of NORTH ANDOVER
ABUTTER LIST
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly opposite on any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
lax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subject Property:
MAP PARCEL Name Address
65 303 Gail Bartashy 1852 Sailfish Court,Kissimmee FL 34744
Abutters Properties
Man Parcel Name Address
38 62 Richard Romano 480 Rea Street, North Andover,MA 01845
38 163 Steven Stein 76 Abbott Street, North Andover,MA 01845
38 164 William Hmurciak 20 Easy Street, North Andover,MA 01845
38 165 Jeffrey Hart 26 Easy Street, North Andover,MA 01845
38 166 James Downing 21 Easy Street, North Andover,MA 01845
38 167 Peter Weisman 11 Easy Street, North Andover,MA 01845
38 168 Michael Gillis 96 Abbott Street, North Andover,MA 01845
38 169 Karen Demotses 97 Summer Street, North Andover,MA 01845
38 183 Edward O'Toole 40 North Cross Road, North Andover,MA 01845
38 184 Kenneth Martin 52 North Cross Road, North Andover,MA 01845
38 185 Douglas Alexander 64 North Cross Road, North Andover,MA 01845
38 252 Albert Cuocco 107 Summer Street, North Andover,MA 01845
38 315 William Mc Manus 500 Rea Street, North Andover,MA 01845
38 316 James Hajjar 510 Rea Street, North Andover,MA 01845
38 317 Danielle Wolf 524 Rea Street, North Andover,MA 01845
65 25 Valerie Kozdras 59 Summer Street, North Andover,MA 01845
65 37 Robert Armano 70 Summer Street, North Andover,MA 01845
65 39 Town of North Andover 120 Main Street, North Andover,MA 01845
65 40 Paul Eliard 54 Summer Street, North Andover,MA 01845
65 62 Vincent Siwicki 41 Summer Street, North Andover,MA 01845
65 205 Naveed Ihasanullah 32 Abbott Street, North Andover,MA 01845
65 206 Steven Clark 44 Abbott Street, North Andover,MA 01845
65 207 Paul Cogiano 56 Abbott Street, North Andover,MA 01845
65 289 Michele Norris 10 Molly Towne Road, North Andover,MA 01845
65 290 Scott Landers 18 Molly Towne Road, North Andover,MA 01845
This certifies that the names appearing on the
records of the *W/ Ice as of
v
Certified by: ate &dK/jam
NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
The North Andover Wetlands Protection Bylaw
In accordance with the Massachusetts General Laws,Chapter 131, Section 40,as amended,and
the North Andover Wetlands Protection Bylaw, (Chapter 178),you are hereby notified of the
following:
The name of the applicant is Herrick Development, LLC
The applicant has filed a Notice of Intent with the North Andover
(application)
Conservation Commission(NACC)for the purposes of
(project description)
constructing a new home in buffer zone and riverfront area
atvacant land at 75 Summer Street, North Andover
(site address)
The North Andover Conservation Commission will hold a public hearing on
WEDNESDAY, Oct. 8, 2014 at 7:00 P.M.at the Town Hall,120 Main
(date)
Street,2°d Floor Meeting Room,North Andover,MA 01845.
Copies of the Notice of Intentmay be examined or obtained for a fee from:
(application)
(check all boxes that apply):
❑ Applicant at
N Representative at 100 Conifer Hill Drive, #516, Danvers, MA
® Conservation Department, 1600 Osgood Street,North Andover,MA 01845 Monday
through Thursdays 8:00 a.m,to 4:30 p.m. Tuesday 8:00 a.m.to 6:00 p.m. Friday, 8:00
a.m,to 12:00 p.m. Please call the Conservation Department at 978.688.9530 beforehand
to verify arrangements.Copies may be available for a fee.
Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from
the Conservation Department at 978.688.9530.
NOTE: Notice of the public hearing,including its date,rime, and place will be published in the
Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing
date.
NOTE: Notice of the public hearing,including its date,time,and place will be posted
in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to
the public hearing date.
NOTE: You may also contact the Conservation Department or the Northeast Regional
Department of Environmental Protection Office for more information about this
application or the MA Wetlands Protection Act.To contact the Northeast Regional
Department of Environmental Protection Office,call 978.694.3200.
Attachment A
Project Description
Project Description
Discussion of Proposed Conditions and Wetland Resource Areas
75 Summer Street
Introduction
The proposed project involves the construction of a new home on this lot. The work will
be within the 100-foot buffer zone to bordering vegetated wetlands and also in the outer
riparian zone of Mosquito Brook.
The property was created circa 2009 via an ANR subdivision. The project site is roughly
three and a half acres in area although Mosquito Brook and associated wetlands bisect the
property and encumber a significant portion of the property.
Presently, the site is wooded and undeveloped. Summer Street provides road frontage to
the front or south. Other wooded lots abut the site to the north. Existing residential
homes abut the property to the east and west.
The topography of the site is gently to moderately sloping towards the rear/north. The
highest portion of the site is the front of the lot and the land slopes towards the rear.
Bordering Vegetated Wetlands
Wetlands were delineated in accordance with local, Federal and State criteria for
delineating jurisdictional wetlands using methodology established in the 1987 Army
Corps of Engineers Wetland Delineation Manual, and methodology outlined in the Mass.
DEP manual "Delineating Bordering Vegetated Wetlands" (1995). These methods
incorporate the evaluation of hydric soils, predominance of wetland vegetation and
evidence of wetland hydrology.
The limits of the wetlands were initially delineated by Basbanes Wetland Consulting in
August 2014. Basbanes was not available to meet the client's desired filing schedule and
subsequently, Wetlands&Land Management, Inc. was hired to file this Notice of Intent.
We reviewed the wetland boundary in September, 2014, made some minor flag
adjustments and added a few additional flags. Wetlands&Land Management, Inc.
assumes responsibility for all the flagging on the site.
The wetlands affecting this project are identified in the field by consecutively numbered
blue surveyors flagging labeled AO through A14 including interim flags 9A and 9B.
These flags are located along the upper edge of wetlands along the southerly side of
Mosquito Brook. We did not conduct flagging on the opposite side of Mosquito Brook as
no work is proposed on that side of the brook.
The flagged line begins in the southwesterly corner of the lot at the toe of an excavated
swale. The swale appears as if it should have a culvert pipe or road drain entering at the
head of the swale but no such pipe was found. In any case, the historical excavation has
intercepted or was excavated close enough to the water table to allow for the
establishment of wetland herbaceous plants and shrubs to become established within the
swale.
The site shows some additional evidence of past earth disturbance. Flags Al through A6
occur along the bottom of this excavated Swale. Flags A6 and A7 cut across what are
apparently some excavated spoils within the wetlands.
Flag Al l is at what appears to be an old stock watering well close to Mosquito Brook.
The wetlands trend off the site to the northeast. The last flag on the site is flag A14.
Dominant vegetation in the wetlands is a typical red maple swamp community. The
herbaceous layer is well established with various ferns and no doubt, skunk cabbage in
the spring months. Shrubs are dominated by arrowwood, winterberry and high bush
blueberry. Trees are primarily red maple trees.
Buffer Zone
All areas within 100 feet of wetland resource areas are a protected resource area pursuant
to the North Andover Wetlands By-law. This zone is marked on the project plans.
ZS foot No Disturb Zone and 50 foot No Build Zone form all other wetlands
For all adjoining buffer zones, a 25-foot no disturb zone and 50-foot no-build zone are
identified on the project plans.
Riverfront Area
Mosquito Brook is identified as a perennial stream on the USGS map and the North
Andover Perennial Stream Map. As such, a 200-foot riverfront area extends out from the
mean annual high water line of the brook. The limit of riverfront area is identified by red
flagging labeled RAl to RA9. These flags are located at field indicators of bank full
conditions along the brook.
2
Once the construction is complete, final site stabilization will occur. Disturbed areas will
be loamed and seeded or landscaped. The siltation barriers will remain in place until the
lawn is well established.
Depending on the construction start date, final grading and seeding may occur late in the
growing season. Depending on weather conditions, disturbed areas may have to be
mulched and protected over the winter until conditions are right to grow grass cover next
spring. The use of winter rye to seed and stabilize ground surfaces may be necessary if
seeding occurs in October or November.
Avoidance of Impacts to Bordering Vegetated Wetlands
Silt fencing will be installed between the work area and adjacent resource area. This will
prevent sediment migration beyond the work area and provide a visual reminder of the
work area limits. The required rock wall at the 25-foot no disturb line will be installed
directly after land clearing and before house construction begins. The siltation barrier
will prevent sediment migration from the work zone and the rock wall will prevent
inadvertent incursion beyond the permitted work area.
All disturbed areas will be loamed and seeded as soon as possible in the construction
sequence. Alternatively, if the growing season has ended before the home is constructed,
disturbed soil areas will be mulched to prevent soil erosion.
The project is compliant with the North Andover 25-foot no disturb and the 50-foot no
build zones.
Riverfront Area Alternatives Analysis and Impacts
Mosquito Brook is identified as a river on the USGS map, so accordingly, the body of
water is presumed to be a river. A 200-foot riverfront area extends from the mean annual
high water line of the brook.
Alternatives Analysis
The project purpose is to build a new home on the lot. The purpose includes retaining the
ability to construct a home that is comparable in quality, size and marketability as other
homes immediately surrounding this lot.
This lot was created after October 1997. Accordingly, the alternatives are limited to this
lot and the remaining land from which this lot was subdivided. Figure 1 shows the entire
original parcel which contains the existing dwelling at 59 Summer Street.
The original parcel was over 7 acres in area, but Mosquito Brook bisects the westerly part
of the original parcel and then runs along the rear of the easterly part of the original
parcel. The location of the river is such that the associated riverfront area encumbers
about three quarters of the original parcel. Areas outside of riverfront were limited to a
4
narrow piece of land on what was to be the subdivided lot (the subject parcel) and a wider
area of land on lot 2. The land was apparently divided to provide both parcels with a
relatively equal amount of land, but keep as much of the fields surrounding the existing
home intact.
The preferred alternative is shown on the plans with this application. It shows a modest
size home with typical amenities including a small but reasonable rear yard, deck,
driveway and the like. It is set back off the road by approximately 50 feet, thus it is
nicely situated on the lot without requiring extensive clearing or maintaining an overly
large lawn. It is also the applicant's intention to keep the adjacent field intact and
provide a wooded buffer between both parcels.
The present configuration does impact riverfront area, but the amount of impact is well
less that the regulatory threshold (10% of the riverfront area on the lot)to presume this
project will not impact riverfront area functions.
On the subject property, we looked at alternatives to have less riverfront area impact.
The obvious solution would be to pull the house forward closer to the street and eliminate
the rear yard. This was rejected for both cost and logistical reasons. The project purpose
is to build a marketable home. A house built so close to the street and with no rear yard
is not a substantially similar economic alternative. Further, a home without any surround
clear space, i.e. rear yard, is impracticable for maintenance purposes and to use the
property in a normal manner compared to other residential homes.
Basically, there are infinite options to move the house forward, reduce rear yard width,
etc, and each option might shave a few square feet from the total impact area, but the end
result is that with a practicable house siting and reasonable use of the area around the
house, the project would impact generally the same amount of riverfront area, give or
take a few hundred square feet either way.
The preferred option strikes a reasonable balance between practicable use of the land for
one single family home and preserving riverfront area on the lot.
Off site Alternatives considering the original parcel
I can't say what thought was given to the presence f riverfront area at the time of the
ANR subdivision, but I can go back and evaluate whether a"created hardship" occurred
as a result of the subdivision that forced the present project into the riverfront area when
it otherwise could have been avoided.
It appears the subdivision objective was to create a single ANR lot. There certainly
appears to be sufficient area for the property to have been divided through a Definitive
Subdivision process however this did not occur. Had this occurred,we'd likely be
proposing a road and several homes within riverfront. Obviously, this is not the case.
5
Figure 1 shows a theoretical option to create an ANR subdivision but utilizing the
minimum street frontage of 150 feet and holding the minimum side yard setback- 30 feet
—from the existing house on the western side of the house. The sketch also shows the
extent of riverfront area on both parcels.
Keeping the minimum amount of street frontage for the original parcel would encumber
or"use up" a large percentage of non-riverfront area. The figure shows that the area
hatched as Area 1 is outside of riverfront area, but must be included with lot 2 in order to
obtain the required minimum frontage. The area hatched as area 2 is the remaining land
that is outside of riverfront area. Now adding front and side yard setbacks, the design
scenario is almost identical to the preferred scenario whereby a house must be sited close
to the road and without any practicable rear yard in order to be completely outside of
riverfront area. We discussed earlier that this would not be a practicable alternative.
It appears from a qualitative review of potential subdivision options, that the original
engineer did not create the hardship of building in the riverfront for the remaining land.
Impact Analysis
The Commission may allow alterations of up to 10% of riverfront area on a lot created
after October 1997, when certain conditions are met. These include maintaining the inner
100-foot riparian zone, managing stormwater as required, avoid vernal pools and wildlife
habitat impacts and use proper erosion and sediment controls.
Roughly 109,365 square feet of the 3.6 acre parcel is encumbered by riverfront area. The
project alters 6700+/- square feet of riverfront area on the lot. This is 6%of the riverfront
area on the lot. The project is compliant with riverfront area impact thresholds.
Stormwater is managed by installation of a roof water infiltration structure and
appropriate erosion controls are shown on the project plan.
The area of proposed site work does not contain any vernal pools, certified or otherwise,
nor were any suspected vernal pools noted on at least the southerly side of the brook.
(The northerly side was not investigated, but no work is occurring in that area.) The
project impacts less than 10% of the riverfront area on the lot so presumably, the work
does not impact riverfront area wildlife habitat functions.
The work site is as far removed from the perennial stream as possible thus preserving any
riparian shelter areas, migratory paths, riparian nesting sites and the like.
Construction Sequencing
Construction sequencing and logistical planning are important in preventing excessive
erosion on site during or after construction. The following is a general sequence of
construction to be followed in order to keep erosion and surface flow over exposed soil to
a minimum.
6
Construction Sequence
1. Erosion Control Barriers
Install erosion control barriers at the limit of work. Erosion control barriers shall
consist of siltation fence.
2. Clear the land and install the rock wall barrier
Conduct land clearing. Install the rock wall as shown on the approved plan. Grub
the site, establish stock pile areas and protect stockpiles with additional erosion
controls.
3. House Construction
Pour foundation, backfill immediately and bring to rough grade. Keep a dumpster
on site for construction debris.
4. Utility Installation
Install utilities. Backfill and fine grade disturbed areas.
5. Stabilization of Exposed Areas
All exposed areas will be stabilized by spreading topsoil and seeding with a
perennial grass seed mixture and mulching lightly with hay. Appropriate soil
amendments should be added as required. If late season planting is to occur, use
an alternate seed mix such as winter rye.
The intent of construction sequencing is to avoid long term exposed soils at the site and
to keep exposed areas to a minimum.
7
,
4.s
Mile ;
loot
r \
r -I
i +