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HomeMy WebLinkAboutMiscellaneous - 88 DUNCAN DRIVE Y ';- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1573 eDEP Transaction#:551990 WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER , Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. F OOC b.E Amended OOC 3.Applicant Details a.First Name GARY b.Last Name WIEMANN c.Organization d.Mailing Address 88 DUNCAN DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a First Name GARY b.Last Name WIEMANN c.Organization d.Mailing Address 88 DUNCAN DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 88 DUNCAN DRIVE b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 104B e.Parcel/Lot# 174 f.Latitude 42.67039N g.Longitude 71.05143W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 2521 350 7.Dates a Date NOI Filed: 10/12/2012 b.Date Public Hearing Closed: 3/27/2013 c.Date Of Issuance: 3/29/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE PLAN TO ARC SURVEYING& ACCOMPANY ENGINEERING TIMOTHY J.MEEHAN,PLS 03/26/13 1"=20' NOTICE OF ASSOCIATES,INC. INTENT B. Findings Page 1 of 10*ELECTRONIC COPY ii is Provided by MassDEP: Massachusetts Department of Environmental Protection Provided File#:242-1573 -- Bureau of Resource Protection-Wetlands Mass Transaction#:551990 lit, WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER A Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 t 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of F. the Wetlands Protection Act. 1, I Check all that apply: a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution f. F Protection of Wildlife Habitat 4 d. F Private Water Supply e. F Fisheries i. F Flood Control g. F Ground Water Supply h. F Storm Damage Prevention 2.Commission hereby fords the project,as proposed,is: g Approved subject to: a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. i This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are s adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 18 3'F area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged Page 2 of 10*ELECTRONIC COPY i. Massachusetts Department of Environmental Protection Provided by MassDEP: M File#:242-1573 Bureau of Resource Protection-Wetlands MassDEP ass Transaction#:551990 WPA Form 5-Order of Conditions City/Town:NORTHRNDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r River&ont Area f a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged -- 12.1—Barrier Beaches - Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19.E Land Containing Shellfish Page 3 of 10 *ELECTRONIC COPY r IL Massachusetts Department of Environmental Protection Provided by MassDEP: .\\‘'N' MassDEP File#:242-1573 Bureau of Resource Protection-Wetlands Mass Transaction#:551990 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, `t above i c.c/y dredged d.c/y dredged .-:1‘t.,, 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet K 22. r Restoration/Enhancement(For Approvals Only) 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.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. E Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. E a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects i 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not fmal until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10*ELECTRONIC COPY II i Massachusetts Department of Environmental Protection Provided by MassDEP: y MassDEP File#:242-1573 Bureau of Resource Protection-Wetlands eDEP Transaction#:551990 i WPA Form 5 - rder of Conditions City/Town:NORTH ANDOVER { Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 t 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the f proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court ! Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"242-1573" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission e shall be a party to all agency proceedings and hearings before Mass DEP. ;• 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form i; 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this ; Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. z 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. i 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) E is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction Page 5 of 10 *ELECTRONIC COPY .. F: t Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1573 Bureau of Resource Protection-Wetlands i �, eDEP Transaction#:551990 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER tMassachusetts Wetlands Protection Act M.G.L.c. 131,§40 BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting g plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand t l erosion. i c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for 1 implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and f implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes f responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the F issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more B than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and m easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted ; along with the legally binding agreement. 3 f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, F and the requirements of the Massachusetts Stormwater Handbook. 1 g) The responsible party shall: 1 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10*ELECTRONIC COPY 4 4`' E x: Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1573 L., .11111"-isi Bureau of Resource Protection-Wetlands Mass Transaction 2-15790 WPA Form 5 -Order of Conditions Cityrfown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 i Special Conditions: i. s SEE ATTACHED. r I. i g F k 1 i I 1 1 I i Page 7 of 10*ELECTRONIC COPY 1 r F Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1573 Bureau of Resource Protection-Wetlands eDEP Transaction#:551990 WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER � Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 { i D. Findings Under Municipal Wetlands Bylaw or Ordinance } 1. Is a municipal wetlands bylaw or ordinance applicable?F Yes E No t' t 2. The Conservation Commission hereby(check one that applies): a. f DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation ( t Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. i F APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER WETLANDS 2.Citation CHAPTER 178 1.Municipal Ordinance or Bylaw PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. t t .f. i x 1 1 1 ■ Page 8 of 10 *ELECTRONIC COPY i. i I L Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1573 Bureau of Resource Protection-Wetlands MassDEP Transaction 2-15790 , WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 i i E. Signatures 3 This Order is valid for three years from the date of issuance,unless otherwise specified r7- /3 pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. ■ ' Please indicate the number of members who will sign this form.This Order must be signed by Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: r I) // / -./ r/ f4i t y hand delivery on r✓by certified mail,return receipt requested,on 2 jcl1i 2 D Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,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 MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed 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 Order.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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1573 r eDEP Transaction#:551990 WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER ( L Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 t' G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission y . Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. i To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 88 DUNCAN DRIVE 242-1573 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page S for Property Owner GARY WIEMANN , and has been noted in the chain of title of the affected property in: Book Page , In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: r. Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY } i 0 1 i DEP FILE#242-1573 Therefore,the North Andover Conservation Commission (hereafter the"NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the , extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control e GENERAL CONDITIONS I 20. The proposed work includes: removal of an existing deck and construction of a 20' x 20' house addition, 20' x 13' deck, a 20' x 7.5' deck, an 11' x 40' patio, a retaining wall and steps, and relocation of an existing shed within the 100-foot Buffer Zone to Bordering Vegetated Wetland. All work is outside the 50' No-Build Zone to BVW. Permanent monumentation and revegetation of a Conservation Easement and No- Disturbance Zone is also part of the project. t. win (except 21. The work shall conform to the following ( t as noted in the remainder of this p document where revisions may be required): i i Applicant/Property Owner: Gary Wiemann 88 Duncan Drive North Andover, MA 01845 NOI Prepared by: Timothy Meehan Arc Surveying&Engineering Associates, Inc. 25 Fordham Way Newbury, MA 01951 Site Plans prepared by Arc Surveying&Engineering Associates, Inc. Titled: Site Plan to Accompany Notice of Dated: 11/12/12 Last Revised: 03/26/13 Signed and Stamped by Timothy J. Meehan,PLS Other Record Documents: Letter from Division of Fisheries &Wildlife Date: February 12, 2013 _ NHESP Tracking No.: 12-31569 Loma Package Prepared by Arc Survey &Engineering Associates, Inc. Date: November 27, 2012 Including Letter of Map Revision Based on Fill 242-1573,88 Duncan Drive 1 NACC 3/29/2013 i DEP FILE#1242-1573 1 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions f or information so warrant. f 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. This Order of Conditions is issued in addition to those issued under File No 242-175. This File received a Certificate of Compliance on July 29,1987. The file also references DEP File #242-68 which approved the roadway and drainage for the subdivision. f 32. Any future project which proposes a wetland crossing in order to access certain '; portions of the property will not be qualified as a limited project roadway under 310 s, CMR 10.53(e). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding r,"' (BLSF) (See Loma package referenced herein). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. t f 34. The NACC agrees with the applicant' s delineation of the wetland resource areas and k. associated buffer zones on the site as shown on the plans dated referenced herein(WF 1A- 15A and WF 1B-9B). 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed Y on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty 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 except for areas shown as previously developed on the herein referenced plan (Driveway constructed in 25' No- Disturbance Zone as approved by DEP File No 242-175). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive 1,' s these setbacks as established under the local bylaw. No disturbance of existing grade, 4` soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & x Appendix F of the local Regulations). }' 36. To restore the No-Disturbance Zone and Conservation Easement, the applicant 1'` proposes to remove the existing shed and all stockpiled material,wood,yard waste, etc. and allow the area to revert to a naturally vegetated state. The new No- , Disturbance Zone will be monumented with a dry laid stone wall as shown on the herein referenced site plan and as detailed in Condition#57. Prior to the issuance of a Certificate of Compliance, the area shall be confirmed to have re-vegetated with at , i 242-1573,88 Duncan Drive 3 NACC 3/29/2013 Q 3 r DEP FILE#242-1573 42. Any changes in the submitted plans caused by the applicant, another Board' s decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the 1` applicant shall be considered as changes. No work shall begin on a project until t, written approval has been granted by the NACC. 43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a dated and detailed sequence of construction, including the installation of footings, dwelling construction, and final stabilization. i , 45.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of t Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 1 I 46. A row of staked hay bales and trenched silt fence or other erosion control approved by the Conservation Department shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed (trenched and staked) and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission' s request. 242-1573,88 Duncan Drive 5 NACC 3/29/2013 t x DEP FILE#242-1573 51. Prior to construction, the applicant shall permanently mark the edge of the"25' No- Disturbance Zone" (or Conservation Easement) on all delineated wetlands with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected 1 Wetland Resource Area" and the associated rules (1 square for every 3 round markers). Markers may be mounted to the proposed stone wall. These markers will designate the sensitivity of the resource area and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round and $3 square). i 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or I owner has read these Orders of Conditions and is in compliance with each and every i condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit' s terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its g conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 1 STORMWATER MANAGEMENT CONDITIONS t 54.Water quality in down gradient BVW' s shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 242-1573,88 Duncan Drive 7 NACC 3/29/2013 4 a 7 9, 1 f. t DEP FILE #242-1573 62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: I', vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. i 63. There shall be no stockpiling of soil or other materials within 50-feet of any resource t. area All stockpiled materials shall be stored within the installed erosion controls as shown on the herein referenced plan. i 64. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area If truck washing is necessary an area shall z! be designated and approved by the Conservation Department. b 65. All waste generated by, or associated with, the construction activity shall be contained 1 within the limit of work, and away from any wetland resource area There shall be no k burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no x` trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. , 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. }' 67. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within r' 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or q' maintenance is to be done within 100 feet of a resource area 1 AFTER CONSTRUCTION i 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town' s Wetland protection ByLaw. 69. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen, I' f low phosphorous types (< 5%), and shall not be used within 25 feet of a resource area Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. x This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town' s Wetland Protection ByLaw and shall remain in perpetuity. 242-1573,88 Duncan Drive 9 NACC 3/29/2013 0 DEP FILE #242-1573 ➢ The revised wetland line. 74. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ No-Disturbance Zone (variable width) and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas on lot except in those locations approved under DEP # 242-1573. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See Section 3.4 of the Regulations for performance standards within these zones). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51) ➢ Discharge or spillage of pollutants (Condition#67); ➢ Prohibition of underground fuels (Condition#68); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #69); x+ ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#70). pp fr q� f f S{j 242-1573,88 Duncan Drive 11 NACC 3/29/2013 -Transmittal ARC SURVEYING & ENGINEERING ASSOCIATES, INC. _ 25 Fordham Way Newbury, Ma. 01951 F�F_CEIVED Phone& Fa.x 978 463 4041 2013 MAR 21 AM 9: 38 To: Town Clerk Date: 03-20-13 Joyce Bradshaw Project No: ., ,: 1221 Y I 120 Main Street Project: Revis 1 `` North Andover. MA. 01845 t We are sending you: i t O Enclosed O Under separate cover t Via: O Mail Q Messenger O Other The following items: t n Mylar orig. p Linen p Reports p Photos p Samples O Mvlar repro. an Prints O Specifications O Other , Copies Project# Drawing Name Description 1 12211 Revised Site Plan f. , ® For your information O Approved as submitted O Resubmit copies for approval O Unchecked O Approved as noted O Return corrected prints O Preliminary O Disapproved O Submit copies for distrib. O Revised O Returned for corrections O Final Plans O For your review and comment Remarks: Enclosed please find the Revised Site Plan. If you have any questions, please don't hesitate to call. Timothy J. Meehan, P.L.S. Signed: �s+� %� . , Copy to: Conservation ommission, Client, DEP,NHESP and File. i ( t ion pf r 4, �=.C1=1VED is 2 . i %,\;:..51:0: 2012 OCT 11 AM 11: I4 ,ssAcwu0 APPLICATION CHECIWSTitioikiltke of Intent I MASS ACHl!y, II.;, General Requirements- Wetland Protection ByLaw: Please check the following boxes indicating that you have read &now understand the applicable rule and/or regulation: Mi Section 178.2 (page 2) -This section identifies the Town's wetland resource areas. ® Section 178.4 (page 3) -This section pertains to permit application types. (Note: All applications shall be accepted as complete before all permits,variances,and approvals required by the Bylaws of the Town with respect to the proposed activity,at the time of such Notice,have been applied for or obtained"). NI Section 178.5 (page 4) -This section pertains to public hearings and the burden of proof placed on an applicant. 1 Section 178.8 (page 7) -This section pertains to responsibility for compliance. General Requirements- Wetland Protection Regulations: AISection 1.0. (page 1) - This section pertains to general provisions X Nine (9) copies of the Notice of Intent, plans and appurtenant data (including 2 original stamped and signed plans) must be delivered by hand, or by certified mail, and received by the NACC office at least nine (9) business days prior to the scheduled hearing. K1 List of Abutters within 300' of the parcel(s) where work is proposed as certified by the Town Assessor's Office. (NOTE: This certified list shall not be more than 30 days old at the time of filing.) kNotification made to abutters by certified mail not less than seven(7) calendar days prior to the public hearing and proof of mailing presented at that hearing in the form of"white slips" or signed "green cards." a Notification of public hearing made in the Lawrence Eagle Tribune at the applicant's expense not less than even (7) calendar days prior to the public hearing. 1KN)1\T orth Andover Riverfront Maps" (Appendix B) examined to determine if activity or resource area is located within the designated 200-foot Riverfront Area. K1 The most recent "Estimated Habitat of Rare Wetlands Wildlife Map &Certified Vernal Pools" map published by NHESP has been reviewed. � ' gl State Filing Fee sent to the DEP Lock Box. Town portion of state filing fee and the local Wetland Bylaw fee has been included with this application(Section 1.4). N 8 1/2" x 11" copy of the portion of the USGS topographic map depicting the project location has been included with this application. ®, A written narrative description of the proposed project and potential impacts to all wetland resource areas : has been included. Effective 10/1 1/06 1 t IN A description of observed valuable and/or unique wildlife habitat characteristics has been included. ❑ Where applicable, a"Wildlife Habitat Evaluation" performed by a qualified Wetland/Wildlife Biologist has been incl. (Section 6.2). P''/g rg All resource area flags and associated numbering are present and easily readable in the field as of the date of this application. ❑ A Waiver Request Form (Appendix D),if applicable. fr/A ❑ An Alternatives Analysis (Section 5.0),if applicable. r,1A Stormwater Management Requirements (Section 7.0): ® The project is in compliance with the "Nine (9) North Andover/State Stormwater Standards." ❑ The "DEP Stormwater Management Form" has been submitted with the Notice of Intent and signed/stamped accordingly (Appendix H). r/A ❑ Hydrologic/hydraulic calculations showing the full flow capacity and velocity of all water courses,open and only sometimes closed channels,and storm drains flowing into, on and out of the parcel, including engineering calculations for compensatory flood storage areas have been incl. (Refer to Section 7.0). /./4 Erosion &Sedimentation Control Requirements (Section 4.3) Vi Narrative erosion control plan and/or report provided for any proposed alteration of wetland resource areas,including the buffer zone. ❑ Construction schedule and sequence provided for any work within a wetland resource area including specifications for temporary and permanent ground cover. 4/4 Plan Requirements (Section 4.3) ig A title that includes the name of the project,location and names of the person(s) preparing the drawings and the date prepared including any revision dates. CS Drawings must be stamped and signed by a Registered Professional Civil Engineer of the Commonwealth &/or Registered Professional Land Surveyor of the Commonwealth (whichever is applicable). All existing condition plans shall include, at a minimum, the following information ❑ All wetland resource areas within 100' of the proposed work and within 200' of Riverfront Area, delineated by a professional wetland scientist not more than 3 years from the application submission date. • Delineated by: 414 SlfrA S ww' p on (date): .S��'E t 4, 7-00 Z OR • Formally approved delineation on (date): DEP File # 1S All property boundaries, existing lot lines and abutters from most recent information available at the Assessor's Office. "Watershed Protection District Boundaries", surface water supplies,wells, and septic systems within 100' of proposed work. Existing contours at not less than 2' intervals and datum source. Effective 10/1 1/06 2 All existing natural and man-made features including free lines, rock outcrops, stone walls, fence lines,cart roads,foot paths,overhead and underground utilities and drainage structures. NI Elevations of all natural and man-made drainage structures,waterways, and wetlands. 71 100-year flood elevations of all natural and/or man-made waterways and waterbodies as determined by FEMA or engineering calculations. Subdivision plans shall be submitted at an appropriate scale to accurately depict existing and proposed conditions (typ.1" =40'). Individual parcels of land within the Subdivision and under the Wetlands Protection Act and North Andover Bylaw shall be submitted at an appropriate scale (typ. 1" =20'). All developed condition plans shall include,at a minimum, the following information (p. 24): Location of proposed work. ®' All proposed man-made features including roads,driveways, parking areas, structures,buildings, overhead and underground utilities. Subsurface sewage disposal systems. X Proposed grading and changes in elevation depicted with 2' contours and spot grades. XAll surface and subsurface drainage structures including the location,cross section, slope and surface treatment of all drainage channels. The inverts, slope,pipe materials, catch basins,manholes, and end treatment of all storm drains discharging within 100' of any wetland resource area. NI Location and detail of all temporary erosion control devices, diversions, terraces, silt fences,hay bales barriers, sedimentation basins, and soil stockpile locations on the project site. ) kr Location and nature of all proposed alterations to wetland resource areas. //� ./11 _ Date: A219//4 Signature o A plicant or Applicant's Representative (TOWN USE ONLY) ❑ COMPLETE APPLICATION- It appears as though your application meets minimum submittal requirements, as such, a public hearing will be scheduled before the NACC within 21 days upon receipt of this application. ❑ INCOMPLETE APPLICATION-The following sections of the Wetland Protection Bylaw&/or Regulations have not been complied with and as a result this Department is rejecting this incomplete application w/in two (2) business days from the date of receipt (Section 178.4 North Andover Wetland Protection Bylaw). You may pick up this application and supporting plans at the Conservation Office and re-file a complete Notice of Intent. Wetland Bylaw - Section(s): Wetland Regulations - Section(s): Signature of Agent: Date: Effective 10/1 1/06 3 1 NOTICE OF INTENT HOUSE ADDITION 88 DUNCAN DRIVE NORTH ANDOVER,MA TABLE OF CONTENTS Section 1.0 Notice of Intent Section 2.0 Existing Conditions Section 3.0 Buffer Zone Impacts and Mitigation LIST OF FIGURES Figure 1 Locus Figure 2 Natural Heritage and Endangered Species Map APPENDICES Appendix A Wetland Fee Transmittal Form Appendix B Wetland Delineation Report pip S i { 4 I 1.0 NOTICE OF INTENT Itt Massachusetts Department of Environmental Protection Provided by MassDEP: 1 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 City/Town Important: A. General Information When filling out forms on the $€ computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 88 Duncan Drive North Andover 01845 cursor-do not a.Street Address b.City/Town c.Zip Code use the return key. Latitude and Longitude:9 d. Latitude e.Longitude 1 tiii4 104B 174 f.Assessors Map/Plat Number g. Parcel/Lot Number _ c 2. Applicant: ##�� Gary Wiemann I a. First Name b.Last Name I Note: Before c.Organization completing this 88 Duncan Drive form consult d.Street Address your local 01845 Conservation North Andover Ma Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw 978-689-3518 Gwiemannl@hotmail.com municipal or ordinance. h.Phone Number i. Fax Number j. Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner Same a. First Name b. Last Name c.Organization d.Street Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number j.Email address 4. Representative(if any): Timothy Meehan a. First Name b. Last Name Arc Surveying & Engineering Associates, Inc. c.Company 25 Fordham Way d.Street Address Newbury Ma 01951 e.City/Town f.State g.Zip Code 978-463-4041 978-463-4041 tmeehan @areseainc.com h.Phone Number i. Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $220 $97.50 $122.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 11/16/09 Page 1 of 8 € Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Document Transaction Number 1 WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 North Andover City/Town A. General Information (continued) I 6. General Project Description: Applicant proposes the removal of an existing deck and the construction of a house addition and deck in it's place and the relocation of an existing shed. 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: I 2. Limited Project 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) 2521 350 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 B.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. Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other a. Resource Areas, ❑ Bank 1.linear feet 2. linear feet t please attach a b. ❑ Bordering Vegetated narrative explaining how Wetland 1.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 11/16/09 Page 2 of 8 i 3 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 City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) t Resource Area Size of Proposed Alteration Proposed Replacement(if any) 1' d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet i f. 3.cubic feet of flood storage lost 4.cubic feet replaced e. El Isolated Land Subject to Flooding 1.square feet i 2.cubic feet of flood storage lost 3.cubic feet replaced t f. El Riverfront Area 1. Name of Waterway(if available) 2.Width of Riverfront Area (check one): El 25 ft. - Designated Densely Developed Areas only 1 El 100 ft. - New agricultural projects only t ❑ 200 ft. -All other projects t is 3. Total area of Riverfront Area on the site of the proposed project: square feet 1 4. Proposed alteration of the Riverfront Area: r 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? El Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No i 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) i 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. El Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. El Land Under the Ocean 1.square feet with all supplementary information you 2.cubic yards dredged ;$ submit to the Department. c. El Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. El Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. El Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpaform3.doc•rev. 11/16/09 Page 3 of 8 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 City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ 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 I. ❑ 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. ❑ 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 http://www.mass.clov/dfwele/dfw/nhesp/reclulatory review/priority habitat/online viewer.htm. a. ® Yes ❑ 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 Route 135, North Drive b. Date of map Westborough, MA 01581 { wpaform3.doc•rev. 11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Document Transaction Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover City/Town C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review* 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage gi (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**** I (a)❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee(fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address I Projects altering 10 or more acres of land, also submit: F (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries d. OR Check One of the Following 1.® Project is exempt from MESA review. t Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP i * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see http://www.mass.aov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and i strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 11/16/09 Page 5 of 8 i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Document Transaction Number 1 WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 North Andover City/Town C. Other Applicable Standards and Requirements (cont'd) I 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 your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? 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 ti 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.Cl 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: 1.® Single-family house j wpaform3.doc•rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection ti Wetlands MassDEP File Number Document Transadion Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 North Andover City/Town C. Other Applicable Standards and Requirements (cont'd) 2.❑ Emergency road repair 3.❑ 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 1 Applicants must include the following with this Notice of Intent(NOI). See instructions for details. t`' Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. ( i 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. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® 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 to Accompany Notice of Intent a.Plan Title Arc Surveying&Engineering Associates, Inc. Timothy J. Meehan, PLS b.Prepared By c.Signed and Stamped by 1"=20' d.Final Revision Date e.Scale 7/5/12 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. 6.❑ 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. ® Attach NOI Wetland Fee Transmittal Form { 9. ❑ Attach Stormwater Report, if needed. a i wpaform3.doc•rev. 11/16/09 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number Document Transaction Number 1 WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover City/Town E. Fees 1. ❑ 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 Wetland Fee Transmittal Form)to confirm fee payment: /5L'7 A;.--1. iZ 2.Municipal Check Number 3.Check date 4.State Check Number 5.Check date Wiz .5c'k:.iL1M ) /j/'lC/"41 t le'=t Prl ' 6. Payor name on check:First Name 7. Payor name on check:Last Name F. Signatures and Submittal Requirements 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.G.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. ,;,/zr io-09-/Z 1.Signature of A.•ftr-nt 2.Date 3.Signature rop:j Owne (if diffe•-nt) 4.Date / - , /, 1/ / ..9 2 5.Signature of Repr`4-nta' - (if any) 6.Datee// For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans 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 MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP 1 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 a timely manner may result in dismissal of the Notice of Intent. i wpaform3.doc•rev. 11/16/09 Page 8 of 8 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act& The North Andover Wetland Protection Bylaw (to be submitted to the Massachusetts Department of Environmental Protection and the North Andover Conservation Commission when filing a Notice of Intent) I,Timothy Meehan,Arc Surveying &Engineering Associates, Inc,hereby certify under the pains and penalties of perjury that on 10/12/12 I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act&North Andover Wetland Protection Bylaw by Gary Wiemann with the North Andover Conservation Commission on 10/12/12 for property located at 88 Duncan Drive,North Andover, MA. The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. is e — �- Name Date i is Notification to Abutters Under the Massachusetts Wetlands Protection Act I and North Andover Wetlands Protection Bylaw , i In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following. A. The name of the applicant is Gary Wiemann is B. The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of North Andover seeking permission to remove, fill, dredge or alter an Area Subject to Protec- tion Under the Wetlands Protection Act (General Laws Chapter 131, Section 40). Applicant proposes the removal of an existing deck and the construction of a house g` Addition,(2)decks, patio, retaining wall and steps, all within the area of the existing deck and landscaped area. The relocation of an existing shed is also proposed. C. The address of the lot where the activity is proposed is 88 Duncan Drive D. Copies of the Notice of Intent may be examined at Arc Surveying & Engineering Associates, Inc. 25 Fordham Way, Newbury, Ma. 01951 between the hours of 9:00 am and 4:00 pm on the following days of the week: Monday - Thursday i For more information, call: (978) 463- 4041 i Check One: This is the applicant 0 , representative , or other 0 (specify): E. Copies of the Notice of Intent may be obtained from either (check one) the applicant 0 , or the applicant's representative ® , by calling this telephone number ( 978) 463- 4041 between the hours of 9:00 am and 4:00 pm on the following days of the week: Monday - Thursday A printing and copying charge of $15/copy must be paid prior to release of documents. If requested to be mailed an additional mailing charge will be assessed. F. Information regarding the date, time and place of the public hearing may be obtained from Arc Surveying & Engineering Associates, Inc. ! 25 Fordham Way, Newbury, Ma. 01951 by calling this telephone number: (978) 463 - 4041 between the hours of 9:00 am and 4:00 pm on the following days of the week: Monday - Thursday Check One This is the applicant 0 , representative ® , or other 0 (specify): Note: Notice of the public hearing, including its date, time and place, will be published at least five (5) days in advance in the Eagle Tribune (name of newspaper) Note: Notice of the public hearing, including its date, time and place, will be posted in the City or Town Hall not less than forty-eight (48) hours in advance. Note: You also may contact your local Conservation Commission or the nearest Depart- ment of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call: Northeast Region: 978-694-3200 c 45 1 00 00°0 1. O O N N VN ea N N 03 y 'am' .��., k:k. .._'' A..."....r.„,..., ci, .., . .. . .-..12 .0' ,*4--.4.- •,r4sA u. _ � � , >N00 0000 s' ,. F.CS im w o_ o z N c O G N N s.. '' ,,�: ' i . Lc;Ili Z r .- ''',i:,.1.,,■ 7 0 A, ic s- Z r IE I- I-az' g m m ∎04'.i. N .. aZ 00 � JJ rl ,It ..7;. c O o rn O �`i� ` , i' o wN vo Zoo °o t �4_ 3 3 •., r LL a w t-• ,1:, f.: °o Z a Z m ,� sae„ can { t§0 :: 3 c —to ..O O o ° yyy� N N 39� � T3 03> Q� _ 1 D Qw v1v0 .' Z J g J am a> '• ■,MI• VU ; m m I. D in c CO acoQ 0000 i r. 1 tD R` O O C Z e— ? '', f ' Z 1.6 Lei H E O UOO �� C �� , e �5,. cFrii D°0 W o 4,� o W A U d6 J Ili U D . .. .m N , �C�r9� ;,: ° O Q - ° 8 O: IdEr I—I- 0 y; � ij °off m °o = m 0 r 0 0 4D W m g , _ulf aQ eh O O Z y,-N 0 �- e (NI O , N'fl co COD O O 01 N CD N C co N u)mmfn0 2 g.. N Os Ni O 00 Q -JQ Cm . b� L NJ 0 0 (U m Z fn fA p I CS km C .-I-NN — QmlL00 ct2cn QQ., I 0 O fl a cri -1 m E < CO x « N .,r CO cC hi al o .OHIO-I-o w p' �� i�� � 1 0 cc m 55" o d Z LL cQ c 00m �� v QcC� �it s, 0U °o �' m i W. U cD a e o t$ u 1>pa rn `f' me 2 Lu ��v. a 0 w�c9Ua� 2 O Z CO Q' t? tin -- O m- u. vz Z Ili o O r.ac -oHF N a ° " o NJ 1.0 m {' O H to X co a0 LL cN o I yr co r EyL6mRr `mc`u) uO.FO cu 0 V" rt 0 0 o mm�dC7Y 00 p mLHm = m2w mQ N 0 O co � N Q4s D00 0NC9U 0 ZONZ o ••°— a z% 0< r c � ;. n 0 N O o N ,....cr. �- a = r w 2Q p� = ° � I-- teb H` c n 1.1.1 co2 .o o 0 ` o Q s �co m co co cc IA u_ =ti EL u. Q.O < 1 Abutter to Abutter( ) Building Dept ( ) Conservation (X ) Zoning ( ) • Town of North Andover Abutters Listing REQUIREMENT: MGI.40A,Section 11 states in pert"Parties In Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon 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 tax list,not withstanding that the lend 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." 1 1 Sublect Prooertr. , MAP affga. Name Address 104.B 174 Gary Willman 88 Duncan Drive,North Andover,MA 01845 Abutters Prooertles M 8=1 Name 104.B 19 Edward Kershenbaum 50 Duncan Drive,North Andover,MA 01845 i. 104.8 23 Town of North Andover 120 Main Street,North Andover,MA 01845 104.13 56 The McKew Realty Trust 402 Boxford Street,North Andover,MA 01845 104.B 137&137 The Adams Family Realty Trust 114 Stonedeave Road,North Andover,MA 01845 104.B 139 George Adams 1634 Salem Street,North Andover,MA 01845 104.8 172 Barbagallo Children Realty Trust 110 Duncan Drive,North Andover,MA 01845 it 104.8 177 Robert Webster 120 Duncan Drive,North Andover,MA 01845 f 104.8 178 Robert Welch 132 Duncan Drive,North Andover,MA 01845 104.B 185 Daniel Bums 131 Duncan Drive,North Andover,MA 01845 104.13 186 Michael Bova 119 Duncan Drive,North Andover,MA 01845 104.8 187 Frances Lane,Ill 100 Laconia Cirde,North Andover,MA 01845 104.8 188 Edward McGetrick 89 Duncan Drive,North Andover,MA 01845 104.8 189 Paul Rabbitt 72 Duncan Drive,North Andover,MA 01845 105.0 22 Gorton Family Trust 602 Boxford Street North Andover,MA 01845 105.0 42 Thomac Donovan 5000 Weatherridge Drive,Fuquay-Varina,NC 27526 I I t This certifies that the names appearing on the records of the Assessors / as of Certified by _ia �`.�'I/ate/f /� -?4/2 L L 2.0 EXISTING CONDITIONS F t 2.0 EXISTING CONDITIONS The Project site(Site)is the located at 88 Duncan Drive,North Andover. The site is currently developed with an existing single family house, driveway, shed,utilities, lawn and landscaped area. There are two areas of Bordering Vegetated Wetlands on the site. The area to the north of the house is flagged as series"A"and the area to the south of the house is flagged as series"B". The majority of area flagged as series "A"is within an existing Conservation Restriction area on the site. See Appendix B, Wetland Delineation Report, for a better description of these areas. is 1 gFp F 1 1 z6 %A 1 (� i ''\ (� ��-C\ \ I -)'--' I1( ` X\) c�// /`�/iiiJ r/ --",\--_ ' V( , l 15, ' . ,, \ \‘:‘,, !,.:,:i;,----,,,, \ 1 -b '0,tit_._.,,._.)i, S '7) i k 7 (--)16 ' ----7))/S)r- , \ \ \' .\\\\ ' ,,.,--'' /I / Ai ,.■ ' \ ' \ .' \‘'‘.>''-'--"..:3\\\---..: th---TO- \ ' ''':'..'--!i' . i '..---- ipc---, 1 v (ii--(\‘':-‹ ' ,..„, ‘„,,,,,.,,\, ,,..,, ,,,,.... e_. 0._________ 1,,,, s ‘,„ 11 4 / 1-. (6 6 c i,,,--: .: ,,, ___ e(/' _, 1 c.) --c o'IL\_i \\\ �\\ West ----- d (c—'--f- -4.4_10 �\ i/ > / \` V -'' 200 yid` �qQ� , \ _ Q1PQ' PORt�,� h_o 0‘m, e 1�,;__ Hills 250 o r �>C9 a \1 'V�---- A �A�y 1\,.�:o� �� I3= Brookside, \i' }(� ��: ... ����, z.I \ \ ! \`m �� �� \200 \o v / 1 .A Q' D 0 Q7� \ i �Foster Q Afir \ g Q \.,. Hill r I� �� __ � , 2 \ _� - \�, ' -„ ,, 150.)11.1"11, ' c ■,,” ..I A Mou�n t; i n4EADOty- A A Vernon Cem — ) Cl) v� y� _ \ \ \ �,o CD � (� v •,a � A h ^ ' D \ i �� ♦ 200-0\' \ ;�i ����o RAYn�g.y;�L.4,4,-.-_-__), Bayns v m ?� / o y tb � o� r`�� )�' o a , NI o 3oD\ .,,,, - , molt k Farm 1\ P C° 200 I c �e -.' ((..::,,,::?.. i'c d O (.---''' /7./,,-)1,\.'\ ,:c, ...4:-\\\ y rgb\s, --/(:1 ()7ZN- 1 6- ----7,./1c;z,/ k,,'('-c-,,--,.Jr4b.i \ \ pL ,, �n,�) zoo`\� ��\y ` ')\\ so rzo_ y 'c. ,n J h'q y �i M _____ ,X P \.: wn \ \� OH�11 S'-`-517j7-"(, \ '\� (�i��Farm � 74 1(?) 1 y1�� i Hills�; ) o n • ,"6,,, ,,\\._,/ , 1/ i A. .40,04 1��, A '9;(4,,y: I���ES}• ��\ 150) �� 150 �150� �� / sir A\.� .�>l< ,--7' ;��' ��` v��. �.� ��obs t \ ` �/ �'% �� \\Hi11 \ '- . \ Nil' ,z),,, ,,,--i114.-_--___.-- ,\ &I 0 p \\ r5 ry �� SITE•\E ^\ � ` 61N,, -ste U a\F i .r, 12,0, e�� J`) ��r 1,1,2_:_t,___, t j \\ '"�" 150 '-'1''-1---1'‘P'°\y 1 / D 750 \� 150,_> \ -- ? 7.1 0/°1' \ / `\ �\ / ` \ O BOXFORD ST\} 1 � \ ��01.�d/ f9 / (CI --fir���N) ...., ..,.,_ 131 /� ` +pk A 200 i ti ' �`09 A'�' ‘,,-;.!, ;, r,/,‘" (-\\.) ....„--",.......A 0 - )',, -/.- ,„, 0 \___,,, ....._,,,,,,04_ -z ,..':::-- \_:_-_---‘, 0 zi 1 -.‘„,;07----- �� (- v,.,� ��-�� 1501} y—� U , �� __ �,i',\ JN__ '. ''_�/ �G \= FIGURE y ity Habitats and Estimated Habitats - Effective October 1, 2008 t Habitats for use with the MA Endangered Species Act Regulations (321 CMR 10) `ed Habitats for use with the MA Wetlands Protection Act Regulations (310 CMR 10) by the Natural Heritage & Endangered Species Program website: www.nhesp.org 1 \, Zrt _ { '' + �► d �a Y r`r Ite3i,...i‘ . . 4 ri ' '-... . —v:•&"‘"`' • - '. 7 / ' . ' CI:77\. "- . ' .0 , .,,,' \Cc., , 0 # - . , *4 . .. :.,71)k , , :: :.„74.1,,,,,%•:-::,,,,,,,,r4 , .,. a. ,, 7."),,,,,,,,,.i t:4: 1 40 -.,,,,..4 4:, ..., , ' 4. ' ''''..,„e'''- /1 / ' 40.11117 .(5tr,,i7.(' ' - , • ,10"1: 00,0 i! _ � '� _ �itYJ/ 1 h fie+, ti r /00/?' ,A. ,,, .4";,-,../-7„--i,-- '-,,,-.,., . , rk>,-..-,,,-, g,47 • • ,. ,f,p, - - , ��' � ' �' i"r 4.r ' " - „ _ . - �� `'°■ a ''+rtf '4 M ��y , � �P i ; p� • `; � + , +. e - .., \ sir' 1.M f , At .L` _h.• `► /- 5 f ` i' .a . , . :. . ,.,.1":., 1":-, = : k 0 FIGURE 2 1 3.0 BUFFER ZONE IMPACTS AND MITIGATION zz. 3.0 BUFFER ZONE IMPACTS AND MITIGATION Activity within the buffer zone to the Bordering Vegetated Wetlands is the removal of an existing deck and the construction of a 20' x 20' house addition, 20' x 13' deck, 20 x 7.5' deck, 11' x 40' patio, retaining wall and steps encompassing the area of the existing deck and a portion of the existing landscaped area near the house. The limit of the work will be contained within the temporary erosion controls shown on the site plan. All disturbed areas will be loamed and seeded or landscaped at the completion of construction for permanent stabilization. F 1 g- f-, i-. } `qLq` [C[ [¢k Natural Heritage - MESA Exemptions Page 1 of 3 it 1 i The Official Website of the Department of Fish and Game(DFG) a Department of Fish and Game Commissioner Mary B.Griffin DFG Home Mass.Gov Home State Agencies State Online Services i' . "^►�rllli l Pdau Wildli + :, . ; t ; �� , Massachusetts Division of Fisheries&Wildlife - s Wayne F.MacCoJlum,Director N.atural heritage & Endangered Species Search Mass Wildlife 0 'i t Natural Heritage , Home Massachusetts Endangered Quick Links Regulatory Review Species Act (MESA) N MESA List Main MA Endangered Exemptions from Review for Projects t Species Act(MESA) or Activities in Priority Habitat (321 CMR 10.14) Wetlands Protection Act(WPA) The following Projects and Activities shall be exempt from the requirements of 321 Priority&Estimated CMR 10.18 through 10.23: Habitat Maps 1. Agriculture and Aquaculture. Habitat Assessments &Protocols (a) Normal Maintenance and Improvement of Land in Agricultural or Forestry and Rare Aquacultural Use. All activities vities described under the definitions of Normal Maintenance and I` Improvement of Land in Agricultural Use or Normal Improvement of Land in Regulatory Review Agricultural Use Aquacultural Use are exempt. This exemption shall continue Contacts only so long as such land remains in agricultural or aquacultural use. Land in agricultural use does not include those portions of a site that are not in such ( use and are not designated fallow land. The normal maintenance and Questions/Comments to improvement of land in agricultural q natural.heritage @state.ma.us P gricultural or aquacultural use does not include site preparation for purposes of conversion to another, non-agricultural or non- Updated: 11/24/2010 aquacultural use; (b) Activities on Land adjacent to or in the immediate vicinity of Land in Agricultural Use or Land in Aquacultural Use. l! The following activities on land adjacent to or in the immediate vicinity of Land in Agricultural Use or Land in Aquacultural Use are exempt, provided such activities are carried out in accordance with a habitat management plan approved in writing by the Division: 1.the construction, expansion, or reconstruction of a water management system such as a reservoir, farm pond, ditch, dike, tailwater recovery systems or canal/channel; 2. the construction or expansion of storage, staging, work and composting i; areas; 3. farm structures, not including habitable dwellings, provided that the cumulative footprint of such farm structures does not exceed 4,000 square feet; 4. the installation of permanent windbreaks or hedgerows, or the cutting of vegetation to create forest boundaries up to five feet wide; 5. the squaring-off of fields and bogs, provided there is no increase in the amount of land in production beyond the minimum increase necessarily ¢ resulting from making the boundary of any field or bog more regular; and [ 6. the excavation of sand from sandpits (vertically and horizontally) for use in associated, on-site, agricultural and aquacultural operations, provided that such excavation activities are reasonable in scope and used exclusively for the related on-site crop production. (c) The exemption under 321 CMR 10.14(1)(b) does not include site i k preparation for purposes of conversion to land in production or to other non- t 1 i i i! f http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm 7/26/2012 Natural Heritage - MESA Exemptions Page 2 of 3 i agricultural or non-aquacultural uses, or the sale or off-site use of any commodity that is associated with the exempt on-site agricultural and aquacultural activities; 2. non-commercial forest management activities that do not require an approved Forest Cutting Plan under the provisions of M.G.L. c. 132, §§ 40 through 46, and 304 CMR 11.00, including but not limited to pruning, cutting of fuelwood for personal use, planting of tree seedlings, or selective cutting of trees for • aesthetic purposes, provided that said management activities are carried out on -" Land Devoted to Forest Purposes and in accordance with a management plan approved in writing by the Division; 1 I 3. the maintenance, repair, removal, or replacement, or additions that do not exceed 50% of the footprint of existing commercial and industrial buildings, multifamily and mixed use structures within existing paved areas and lawfully developed and maintained lawns or landscaped areas; t ....%. 4. the maintenance, repair, or replacement, or additions, including the construction of a driveway for an existing single family or two family home I within existing paved and lawfully developed and maintained lawns or landscaped areas, provided there is no expansion of such existing paved, lawn and landscaped areas; 5. construction or removal of structures that are secondary to the primary residence and located within existing paved areas and lawfully developed and t maintained lawns or landscaped areas on residential properties, provided there is no expansion of such existing paved, lawn and landscaped areas; t 6. construction, repair, replacement or maintenance of septic systems, private sewage treatment facilities, utility lines, sewer lines, or residential water supply wells within existing paved areas and lawfully developed and maintained lawns or landscaped areas, provided there is no expansion of such existing paved, lawn and landscaped areas; d 7. repair, replacement or maintenance of existing, properly maintained stormwater detention basins or other stormwater management systems; 8. construction of new stormwater management systems that are designed to improve stormwater management at previously developed sites, provided that the plans for the system are submitted to the Division for prior review, and the i Division makes a written determination that such systems will not have an adverse impact on state-listed species or their habitats; 9. repair, replacement or maintenance of existing, properly maintained dry hydrant pipe systems; 10. installation, repair, replacement, and maintenance of utility lines (gas, water, I sewer, phone, electrical) for which all associated work is within ten feet from the edge of existing paved roads, and the repair and maintenance of overhead utility lines (phone, electrical) for which all associated work is within ten feet from the edge of existing unpaved roads, provided, however, that unpaved utility access roads associated with exempt activities under 321 CMR 10.14(11) shall be addressed in and subject to the Division-approved operation and j maintenance plan required thereunder; 1 11. routine operation and maintenance on existing electrical, gas, and telecommunication distribution and transmission lines and existing substations, provided that the operation and maintenance are part of an operation and maintenance plan approved by the Division, for which a review fee shall be charged, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, §3B; 12. the maintenance, repair or replacement, but not widening, of existing paved roads, shoulder repair that does not exceed four feet from an existing travel lane, paved and unpaved driveways and paved and unpaved parking areas, 1 http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm 7/26/2012 Natural Heritage - MESA Exemptions Page 3 of 3 provided such unpaved driveways and unpaved parking areas are for year- round use and are not thereafter paved, but not including bike paths, or parking areas on barrier beaches, coastal beaches, coastal dunes, or salt marshes, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. f' 131, § 40 and 310 CMR 10.00), and not including actions that are likely to result in changes in storm water drainage; ( 13. the maintenance or replacement but not the expansion of existing lawns and landscaped areas; 14. performance of customary land surveying activities, wetland resource area delineations, percolation tests, environmental assessments and investigations performed in accordance with M. G. L. c. 21E, and other customary preliminary site investigations or customary property due diligence activities, provided that 1, vegetation clearing and soil alteration are avoided or minimized to the maximum extent practicable; 15. the active management of State-listed Species habitat, including but not limited ( to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in g accordance with a habitat management plan approved in writing by the Division and; 16. the management of vegetation within existing utility rights-of-way provided t that the management is carried out in accordance with a vegetation i management plan approved in writing by the Division prior to the Y commencement of work for which a review fee shall be charged, the amount of t which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, § 3B; 17. (a) the management of vegetation within rail ballast necessary to maintain existing rail lines; and (b) other vegetation management outside of ballast areas necessary to maintain existing rail lines, provided that such maintenance x: is implemented in accordance with a vegetation management plan approved in 111 writing by the Division, for which a review fee shall be charged, and t. 18. the construction of a new residential dwelling, including the proposed lawfully developed paved areas, lawns and landscaped areas associated with such dwelling, on an infill lot, with frontage, of no greater than two acres in size, or such smaller lot size approved by a municipality under the applicable zoning bylaw or ordinance, provided that such lot is part of a residential subdivision that has received final, definitive approval pursuant to M.G.L. c. 41, ss.81K- 81GG (the state subdivision control law), or is part of residential housing ) development that has received final, definitive approval pursuant to M.G.L. c. 40B or a special permit pursuant to M.G.L. c. 40A, and the development of the lot does not require a prospective Order of Conditions under the Wetlands Protection Act. Proponents should note that they may also need to file under the Wetlands Protection Act if their project is within Estimated Habitat for state-listed animal species, even if their project meets the MESA filing exemptions. 1 MassWildlife I Dept.Fish&Game I Enemy&Env.Affairs I MassGov I Site Map I Privacy Policy I Accessibility I Webmaster x Massachusetts Division of Fisheries and Wildlife, 1 Rabbit Hill Rd,Westborough,MA 01581 Tel:(508)389-6300;Fax:(508)389-7890 ( tt Natural Heritage&Endangered Species Program Tel:(508)389-6360;Fax:(508)389-7891 t 3 t t 1 t t 1 f http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm 7/26/2012 ( ( ( ( [ ( ( ( [ { ( ( APPENDIX A WETLAND FEE TRANSMITTAL FOR ( [ ( \ { [ [ / \ ( ( ( ( [ ( [ ( ( [ { ( ( [ [ ( ( [ ( [ { ( ( [ I Massachusetts Department of Environmental Protection LBureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When A. Applicant Information filling out forms on the computer, 1. Applicant: use only the tab %. key to move your Gary Wiemann cursor-do not a. First Name b. Last Name use the return key. c.Organization ( tajb___: 88 Duncan Drive r d. Mailing Address :=X, North Andover Ma 01845 fieln e.City/Town f.State g.Zip Code q 978-689-3518 Gwiemann1@hotmail.com h. Phone Number i. Fax Number j.Email Address E: i 2. Property Owner(if different): (- a. First Name b.Last Name r c.Organization 1. d.Mailing Address t e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number j.Email Address 3. Project Location: 88 Duncan Drive North Andover I a.Street Address b.City/Town To calculate B. Fees filing fees,refer to the category fee list and The fee should be calculated using the following six-step process and worksheet. Please see L examples in the Instructions before 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 Form 3(Notice of Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. s 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. Wpaform3.doc•Wetland Fee Transmittal Form•rev.2/21/08 Page 1 of 2 Massachusetts Department of Environmental Protection I LI Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L_ c. 131, §40 1 B. Fees (continued) I Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1a. Work on Single Family House 2 $110 $220 t f I I' f; I: g tK l#}.' A 1 qt 4 F Step 5/Total Project Fee: $220 Step 6/Fee Payments: I' Total Project Fee: $220 a.Total Fee from Step 5 State share of filing Fee: $97.50 b. 1/2 Total Fee less$12.50 Local Fee: $110x2 $122.50 + $220 City/Town share of filling Fee: c. 1/2 Total Fee plus$12.50 C. Submittal Requirements Ii f a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to t 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 t 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.) ri 1 r Y s t r R' ir Wpaform3.doc•Wetland Fee Transmittal Form•rev.2/21/08 Page 2 of 2 i I , I 1. t 1 t [ t ARC SURVEYING&ENGINEERING ASSOC.INC. 53-7150/2113 1507 LZ.-- DATE 1 I 1 $ 172,- S-0 PAY TO ototla a r ■ .,..,,,--,--1, -..... _.-:-_-:. ,, THE ORDER OF 1_*.t.1,--`, r_N..3,,_i-a*-1 d©5-01,,..., 0 r..ms , DOLLARS 8 OS..— ,..r% RgEWBURypORT . ar .:'• ° t t )BANK ---- i,)117,64_ t .........'I. „............c....Wogs irk ,,,,, -- Nwirerywr.Mrs. fol) MO I Z.LI l-W i 6titA143 - 1: 21137150 21: 2990 220 2111 L50 ? I 9.110.7rIc. . ..---.-.....-.-........--.-..._—.-...--. . ,-.-.„, .•. 1 k.' . i . i , . . .... . ...-. 1 53-7150/2113 1508 ARC SURVEYING&ENGINEERING ASSOC.INC. . DATE /0*".9-i . : • ...,..„......„ li-',3'- n.1';\ . _ $ GI It 5-0 4 PAY TO f THE ORDER OF 8 . - ..- .. , I i M niere5-611670 -:,. ---.-- .-;' .,, ,_ , ,-.11. t: I/'" DOLLARS t 1.717‘ .. .. RT - 1 y.''...'.... ',',4 ',.:.,...:;.,;.,.;.. ,,., me -.........s.....t....„,,,,,,-.- .,...........I.". i MO 1: 2113 ? L SO e-4.,...,, 2-,9.030:. 220 20 1508 ---—--'... :).;..;'*j11.StFIR:- ',:........*................,-..,....,.-...,.,._ .........— --- I i, iT i . f ( ! ( [ [ ( ( APPENDIX B WETLAND DELINEATION REPORT [ ( [ [ { [ [ ( [ ( £ ( ( ( ( [ � [ ( ( [ ( { ( [ ( ( ( I I t BASBANES WETLAND CONSULTING 39 Hardy St. Dunstable, MA 01827 (978)649-3839 r June 15, 2012 Landstar Development Services i. 21 Northrup Drive Brentwood, NH t_ The following is a report on the delineation of the wetland resource areas on the property at 88 Duncan Dr., N. Andover, MA done on June 14, 2012. The jurisdictional wetland resource areas on site include Bordering Vegetated Wetland with associated Buffer Zone, and Wildlife Habitat,. Delineation Method A wetland delineation is done by visual survey of topography, evidence of hydrology, and identification of plant species. A determination is made for each plant species as to their indicator status as referenced in the"National List of Plant Species that Occur in Wetlands", published by the Fish and t Wildlife Service. The boundary of the wetland is then determined to be where 50%or more of the vegetation community consists of wetland indicator species with a status of FAC or wetter. Where 1 there is a dominance of wetland plants species, evidence of hydrology is looked for, i.e. water stained leaves, drainage patterns, morphological adaptations, and hydric soils. Typically, hydric soils are determined by digging or auguring a pit 20"deep and observing the horizons for color and features. Determinations are made referencing "Field Indicators for Identifying Hydric Soils in New England"and color matched to the Munsell Soil Color Charts. 0 Flagging Series The wetland resource area is by 2 flagging series: the#1A-#15A and#1B-#10B. The wetland boundary was determined by observing the vegetative community, hydric soils and other evidence of hydrology, and topography. The A series defines the western edge of the BVW which is part of an extensive wetland system associated with Mosquito Brook. The B series defines the wetland on the south and west of the lot. The A and B series are connected by a culvert under the driveway. Vegetation The vegetation throughout the delineated area is fairly sparse though consists of the following dominant species: Species Ind. Status t Red Maple Acer rubrum FAC I Oak, Red Quercus rubra FACU Pine, White Pinus strobus FACU 1s 1 Pepperbush Clethra alnifolia FAC Highbush Blueberry Vaccinium corymbosum FACW ; Honeysuckle Lonicera tatarica FACU Fern Cinnamon Osmunda cinnamomea FACW Skunk Cabbage Symplocarpus foetidus OBL Jewellweed Impatiens capensis FACW Fern Sensitive Onoclea sensibilis FACW r 1 r 1 i I 1 I Soils E As referenced to the Soil Survey, the soils in this area are of the Canton soils in the upland areas and °' Swansea in the wetland area. g l Canton soils are deep well drained soils in uplands on the lower slopes of hills. The surface layer is a friable dark brown fine sandy loam about 7"thick with a typical chroma of 10YR 3/3. The subsoil is t' very friable fine sandy loam about 26"thick with a typical chroma of 7.5YR 4/4 to 10YR 5/6. It has a moderately rapid permeability in the subsoil and rapid in the substratum. Available water capacity is t moderate and the reaction ranges from extremely acid to strongly acid. The rooting zone extends into the substratum. Erosion hazard is moderate to extreme depending on the slope. ( Swansea soils consist of nearly level, deep (5+ft.), very poorly drained organic soils in depressions and low flat areas of uplands and glacial outwash plains and terraces. They formed in 16 to 51 inches of black, highly decomposed organic material (muck)with moderate or moderately rapid permeability, over sandy mineral material with very rapid permeability. They have a water table that is at or near the t surface most of the year. Major limitations are related to wetness and low strength. Field observations were consistent with the survey. i Soil probes were in several locations along the wetland boundary. ( The typical soil profiles found in the upland and wetland areas are as follows: SP upland SP hydric O <1" 0 <1" A 0"—9 10YR 2/2 A 0"— 10" 10YR 2/1 muck B 9"— 18" 10YR 4/4 B 10"— 18" 10YR 5/2 redox. I features present, saturated or FILL associated with site grading ( The site falls within a Natural Heritage Estimated and Priority Habitat PH-1339 as referenced to the NHESP MassGIS website 2008. Any work within this area will require a filing with the NHESP as well as the Conservation Commission. t i If you have any questions please do not hesitate to contact me. Thank you Sincerely, Leah D. Basbanes, M.A. f Wetland Consultant/Biologist The wetland resource areas were delineated/reviewed in the keeping with the Massachusetts Wetland Protection Act and were done so to the best of our abilities. Considering all the variables(seasonal growth form of vegetation, soil conditions, site alteration, topography, weather, etc.)involved in such an effort, please be advised that despite the best effort, no wetland delineation is considered definitive until verified and approved by the final issuing authority. ,} t 2 t t r r E. a y a OOZ9ZL4 OLL9ZL4 04L•ZL4 OLL•ZL4 OB09ZL4 0909ZL4 w $'. .99.Z.LL .SS.Z.LL N O 10 0 Zrn _8 $_ Co co I' 1 t 0 I— 0 f G oa i ",:". 2 7 f r 0 0 a E o r o z T u,o 1 cn .v L C a TD co O Q m CO P NZ j m c \� H. m oca xco co C 41 v m d f0 en G. I CO 2 \ R i ) , ,, M ,- to \ ,, j / N x 0 t Fo 2 ii, in i O O l C o s e co z-...< 28 .e,e.LC .e,e.0 OOZ9ZL4 OL19ZL4 04t9ZL4 0 LL•ZL4 0809ZL4 OS09ZL4 ill ,. to 0 ,Q a N Y V Y I r i 1 P t a II t t 1 0Z a` p C N c w I i. R awIt �raip . . + < oo4 0 X • x ® c L. ' s, o m 7 e Cl) Cl cpn co y Cl) (n Cl) xi v 3 m 3 r 1 0 G) 0 0 co 0o C Cl) 2 co ? - a W ' a 7' - m 8 S m A m g N a O m N. 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Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI 51A Swansea muck,0 to 1 percent 2.0 33.3% slopes t 421B Canton fine sandy loam,3 to 8 3.9 66.7% percent slopes,very stony Totals for Area of Interest 5.9 100.0% if i t,. 1 I is I t 1 i 1 t F.. w> t I 1 I I; x f t i t s i, Natural Resources Web Soil Survey 6/15/2012 Conservation Service National Cooperative Soil Survey Page 3 of 3 t it z,. t I 7." • • • XF, ,... t \\11% \ I, ai -, ... ... .- ..,t---4,-, -' . • . .,.; • • . 4.