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HomeMy WebLinkAboutConservation Permit # 4/25/2012 . �® Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs uepartment of Environmental Protection Northeast Regional Off ic - Wilmington MA 01887©978-694-3200 D � � � a DEVAL L PATRICK i-0CHARD K.SULUVAN JR. GOVBr(lOr SBLi'utary MAY 2n12 T MOTHY P.MURRAY KENNETH L.KI-UMELL LiauLenant Governer NORTH ANDOVER COWITIISSiOver CONSERVATION COMMISSION May 22, 2012 Michelle Saracusa Re: WETLANDS/NORTH ANDOVER 210 Andover Street DEP File#242-1480 North Andover,MA 01845 14 Lorraine Avenue NOTICE of SITE VISIT Dear Ms. Saracusa: The Massachusetts Department of Environmental Protection(MassDEP),Northeast Regional Office, Wetlands Program, has received your request for a Superseding Order of Conditions (SOC)regarding the above-referenced filing, in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. In preparation for the issuance of a SOC, a site visit(site inspection) at the project site has been scheduled for Wednesday,May 30,2012 at 10:30 AM. The purpose of this inspection is to determine if the area is significant to the interests of the Act and to informally discuss the relevant issues. Activity may not commence on any portion of the project site subject to the jurisdiction of the Act until a final SOC is issued and all appeal periods have elapsed. Should you have any questions,please contact me at(978) 694-3372. Sincerely, Gary Bogue Wetlands Program cc: Breenmore Realty Trust c/o The Neve-Morin Group, Inc, 447 Boston Street, Topsfield, MA 01983 North Andover Conservation Commission, 1600 Osgood Street,North Andover,MA 01845 This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617.574-6868 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands Request for Departmental Action Fee 2421480 Transmittal Form 3I "- fovldedbyDddE�` ��� � ' 174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4( } A. Request Information 's F L NOH l i i ANDOVER 1. Location of Project a CON` f 1 0.1/0 ON C,0111ViIS,10N I 14 Lorraine Ave North Andover 01845`- a.Street Address b.City/Town,Zip 757 $100.00 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 Michelle Saracusa the computer, Name use only the 210 Andover Street tab key to Mailing Address move your North Andover MA 01845 cursor-do Cityrrown State Zip Code not use the 978-682-7761 return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation Q Form 4A ; or Request for Determination of Applicability Form 1 ( ) q pp� Y( )): Breenmore Realty Trust c/o The Neve-Morin Group Inc Name rertcn 447 Boston Street Mailing Address Topsfield MA 01983 CityTrown State Zip Code 978-887-8586 978-887-3480 Phone Number Fax Number(if applicable) 4. DEP File Number: 242-1480 B. Instructions 1. When the Departmental action request is for(check one): Z Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 feeform.doc• rev.10.17.11 Request for Departmental Action Fee Transmittal Form• Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee 242-1480 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. 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. feeform.doc• rev.10.17.11 Request for Departmental Action Fee Transmittal Form• Page 2 of 2 April 24, 2012 Mass Department of Environmental Protection PO Box 4062 Boston, MA 02211 Dear Sir: I am writing this letter to appeal the Order of Conditions that was approved by the North Andover Conservation Commission (NACC) for MassDEP File#242-1480 on April 13, 2012. Pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, Section 40 areas including any freshwater wetland that borders on any stream as specified in 310 CMR 10.02(1)(a)are areas subject to Protection under the Act which includes and further defines the Buffer Zone to mean the area 100 feet within a certain Wetland Resource Area. The term "freshwater wetlands", as used in this chapter, refers to wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and sumbergent plant communities in inland waters; that portion of any bank which touches any inland waters. The term "stream" means a body of running water, including brooks and creeks, which moves in a definite channel in the ground due to a hydraulic gradient, and which flows within, into or out of an area subject to the Protection under M.G.L.c. 131 s 40. Such a body of running water which does not flow throughout the year(i.e. which is intermittent) is a stream. The activities proposed on this project will affect the Areas Subject of Protection under M.G.L c 131 s 40 and will contribute to the following interest but not limited to: • 100 feet buffer zone • protection of bordering vegetated wetland • protection of public and private water supply '.... • protection of ground water supply • storm damage prevention • protection of wildlife habitat According to the letter dated March 21, 2012 by The Neve-Morin Group, ]tic it states that the MassDEP has all the correspondence, plans and the alternatives analysis. However what is not included in any of the plans submitted to the MassDEP is the detailed location of the swale created by nature and defines the natural flow of an intermittent stream. This swale was required to be re- constructed in September 2006 after the applicant illegally filled the wetland and resource area. In addition,the North Andover Wetland Protection Bylaw and Regulations, Chapter 178 were created to conduct a uniformity of process to clarify and define the provisions of the Bylaw in conjunction with the wetland resource areas protected under the Massachusetts Wetlands Protection Act M.G.L. Chapter 131, Section 40. Appeal-MassDEP File 9 242-1480 1 A waiver of a specific wetland resource area maybe granted if there are no feasible alternative that provides fewer impacts to the resource area values. The applicant has demonstrated and proven that there is an alternative which is grandfathered in and would not disturb the boundary of the 25-Foot No-Disturbance Zone resource area. An Alternative Analysis(Option C)was presented to the North Andover Conservation Commission (NACC) on November 16, 2011 which involved the renovation of the existing dwelling. The MassDEP should have a copy of this option "C" filed by the applicant. Fm requesting the state re-view this plan. In reference to the NACC Wavier Request Form dated March 28, 2012 provided by The Neve-Morin Group, file the request for the Waiver of sections 5.1: No Disturbance Zone and 5.2: No Build Zone states "The czn-rent usable laivn area on the site extends to the wetland edge; the 25 foot no disturb zone would allow no yard"The only reason the applicant is looking for this waiver request and the NACC granted it is solely to provide a bigger yard which is in conflict to the Wetland Bylaw and Regulations. The NACC has already documented on # 34 Order of Conditions for 15 Lorraine Ave also located on and adjacent to 14 Lorraine Ave that they do not have jurisdiction and found "that the intensive use of the upland area and bzrffer zone proposed will cause further alteration of the Welland resozrr ce cn eas. In order to prevent any alteration of wetland resource areas a hventy five foot 25') No-Disturbance Zone and a fifty foot (50) No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local hylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. The state agency, Massachusetts Department of Environmental Protection (MASSDEP) concurred with the NACC position. I have actively participated in the review of this project and officially documented my concerns to the Conservation Commission via the public hearings which where held on the following dates: June 9,2010; November 16, 2011; January 11, 2012 and March 28, 2012. Disturbing the wetland resource areas and their surroundings will cause injustice to what time and nature has created. "Thank you for your consideration. Sincerely, IL�14 Michelle SaraCUsa 210 Andover Street North Andover, MA 01845 Tel: 978-682-7761 cc: MassDEP Northeast Regional Office North Andover Conservation Commission The Neve-Morin Group Inc File Appeal-MassDEP File 11 242-1480 2