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City of Haverhill Conservation Commission HCC Local Application Form 10

Request to Amend a Final Order of Conditions

City Hall Room 300 • 4 Summer Street • Haverhill, MA 01830 • www.cityofhaverhill.org of 5

Approved by HCC 1.26.2017

A. STATUTE APPLICABILITY

This application is being filed with the Commission in accordance with the following (check all that apply):

Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40

Haverhill Municipal Ordinance Chapter 253

B. GENERAL INFORMATION

DEP File Number 33-1359

Project Location (Street Address) 1264 Broadway

Assessor’s Parcel Identification 540-446-7

Applicant JR Builders

Telephone Number Fax No. Email [email protected]

Mailing Address 599 Canal Street, Lawrence, MA 01840

Property Owner 1264 Broadway Realty Trust

Telephone Number Fax No. Email

Mailing Address 1264 Broadway, Haverhill MA, 01832

Applicant’s Representative Meisner Brem Corporation

Telephone Number 978-692-1313 Fax No. Email [email protected]

Mailing Address 142 Littleton Rd, Westford, MA 01886

Date of Issuance of Final Order of Conditions February 19, 2015

Issued to JR Builders

Location of Order’s recording Essex, South District

Book 27857 Page 100 Certificate (if registered land)

Date Order of Conditions is due to expire February 19, 2018

C. APPLICATION CHECKLIST

The Commission requires the submittal of this original, completed Form; ten (10) paper copies of site plans;

and one (1) paper copy of all other materials. Additionally, the Commission requires the submittal of

individual PDFs of this Form and all listed application materials. If practical, related items may be

combined into a single PDF. PDFs should not mix larger format sheets (e.g. site plans) with smaller sheets

(e.g. letters). These submittal requirements also apply to supplemental information provided during the

public hearing. The following materials shall be submitted with this form:

Narrative description of requested amendment with demonstration of compliance with pertinent

Performance Standards

Site Plans clearly describing the location and nature of the work, including such information as site

boundaries, wetlands, topography, existing and proposed conditions, vegetation cover, soils, erosion &

sedimentation controls, Title 5 compliance, flood storage calculations…(24” x 36” max. sheet size)

8½” x 11” sections of the following maps with project location clearly identified:

http://www.cityofhaverhill.org/





USGS Quadrangle

MassGIS Orthophoto

City of Haverhill Parcel ID Map, also identifying properties within 300’ of subject property

Local Filing Fee, payable to the City of Haverhill

Other: February 2015 Fire Dept Memo, March 2015 email correspondance

D. APPLICATION CERTIFICATION

I have read the Department of Environmental Protection’s and the City of Haverhill’s applicable regulations

and policies for requesting an amendment to a Final Order of Conditions with the Haverhill Conservation

Commission and agree to their terms and conditions, as amended. I understand the submitted application

form, its plans, and all its supporting materials are public records and may be uploaded to the City’s website

for public review. As required by the Commission, the wetland resource area(s) are flagged, the corners of

proposed structures are staked, and the centerline of proposed roadway(s) and/or driveway(s) are marked, as

appropriate, to facilitate site inspections by Commissioners and Conservation Staff.

Signed: (APPLICANT) (DATE)

E. SITE ACCESS ACKNOWLEDGEMENT

I hereby grant the Haverhill Conservation Commission and its officials permission to enter upon my

property at 1264 Broadway (Assessor’s ID: 540-446-7) to review the filed amendment request and (STREET ADDRESS AND ASSESSOR’S PARCEL ID) future site conditions for compliance with the issued Order of Conditions and its amendments. The sole

purpose of this acknowledgement is to allow the Commission and its officials to perform their duties under

the Massachusetts Wetlands Protection Act and the City’s wetlands protection ordinance.

Signed: (PROPERTY OWNER) (DATE)






F. AFFIDAVIT OF SERVICE FOR ABUTTER NOTIFICATION

I, ____ ____________________, hereby certify under the pains and penalties of perjury that on (NAME OF PERSON MAKING AFFIDAVIT)

_______________________ I gave notification to all abutters pursuant to the requirements of the second (DATE)

paragraph of Massachusetts General Laws Chapter 131, Section 40, the DEP Guide to Abutter Notification

dated April 8, 1994, and Haverhill Municipal Ordinance Chapter 253, Section 5 in connection with the

following matter:

A Request to Amend a Final Order of Conditions filed under the Massachusetts Wetlands Protection Act

and said ordinance by JR Builders with the Haverhill Conservation (NAME OF APPLICANT)

Commission on ______May 18th, 2017___________ for property located at 1264 Broadway (Assessor’s

(DATE) (STREET ADDRESS AND

ID: 540-446-7) . ASSESSOR’S PARCEL ID)

The list of the abutters to whom the Abutter Notification Form was sent, with their addresses and Assessor’s

parcel identification information that corresponds with the submitted map section, are attached to this

application.

Signed: (NAME OF PERSON MAKING AFFIDAVIT) (DATE)






G. ABUTTER NOTIFICATION FORM

In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40 (the

Wetlands Protection Act) and Haverhill Municipal Ordinance Chapter 253, Section 5, you are hereby

notified of the following:

1. The name of the applicant is JR Builders

2. Brief Description of Project Amendment: Widening of Lot 4 Driveway from 8’ to 12’, larger

building footprint for the Lot 4 house, updated septic design.

3. The applicant has filed a Request to Amend a Final Order of Conditions with the Haverhill Conservation

Commission seeking permission to remove, fill, dredge or alter an Area Subject to Protection Under the

Wetlands Protection Act and/or Haverhill Municipal Ordinance Chapter 253 and/or to perform work

within the buffer zone of such an Area.

4. The address of the lot where the activity is proposed is 1264 Broadway (Assessor’s ID: 540-446-7) (INCLUDE ASSESSOR’S MAP/BLOCK/LOT)

5. Copies of the application materials may be examined at the Haverhill Conservation Department Office

between the hours of 8am and 4pm from Monday through Friday. Contact information is below. You

may also find helpful materials on the “Projects Under Review” section of the Commission’s website.

6. Copies of the application materials may be obtained from either (check one) the applicant , or the

applicant’s representative , by calling this telephone number (978)-692-1313___ between

the hours of __9 AM___ and 5 PM on the following days of the week Monday through Friday

7. Information regarding the date, time, and place of the public hearing may be obtained from the

Haverhill Conservation Department Office between the hours of 8am and 4pm from Monday through

Friday. Contact information is below. You may also consult the “Agenda” section of the Commission’s

website.

NOTE: Notice of the public hearing, including its date, time and place, will be published at least five (5)

days in advance in the Haverhill Gazette newspaper.

NOTE: Notice of the public hearing, including its date, time, and place, will be posted in Haverhill City Hall

not less than forty-eight (48) hours in advance.

NOTE: You may contact the Haverhill Conservation Department for more information about this

application, the Wetlands Protection Act, and Haverhill Municipal Ordinance Chapter 253. Please note the

Department has only one staff person; every effort will be made to assist you in a timely manner.

Website: http://www.cityofhaverhill.org/departments/conservation_commission/index.php.

Email: [email protected]

Phone: 978.374.2334

NOTE: For additional information about this application and the Act, you may contact the MA Department

of Environmental Protection Northeast Regional Office Service Center.

Website: http://www.mass.gov/eea/agencies/massdep/about/contacts/northeast-region.html

Phone: 978.694.3200


http://www.cityofhaverhill.org/departments/conservation_commission/index.php

mailto:[email protected]

http://www.mass.gov/eea/agencies/massdep/about/contacts/northeast-region.html





H. LOCAL ORDINANCE FEE CALCULATION FORM

ACTIVITY LOCAL ORDINANCE FEE

# of Activities

or

Measurement Subtotal

%*Request to Amend Final Order of Conditions $100

Resource Area Alterations

Buffer Zone, 75'-100' from resource area boundary $0.05 / square foot



Bordering Vegetated Wetland $0.50 / square foot

Bank $5 / linear foot

Land Under Water $0.50 / square foot

Land Subject to Flooding $0.05 / square foot

Riverfront Area $0.05 / square foot

Riverfront Area with the watershed of a potable water supply $0.50 / square foot

Land within 100' of a Certified Vernal Pool $0.25 / square foot

Local-only Jurisdictional Resource Area $0.25 / square foot

Land within 200' of a potable water supply $0.50 / square foot

$45

*Application is subject to an additional $45 Local Advertising Fee payable to the City of Haverhill prior to EACH advertising

For filings resulting from enforcement action, double the Local Ordinance Fee Total

ADVERTISING FEE*

Local Ordinance Fees passed by a 7 – 0 vote of the Commission on October 28, 2010, effective January 1, 2011

%Local Ordinance Fees for RDA, NOI, & RMOC increase 50% when project is also proposed within a Riverfront Area

LOCAL ORDINANCE FEE TOTAL

NOTES:


142 LITTLETON ROAD, STE 16 WESTFORD, MA 01886 978.692.1313 FAX 978.692.0303

151 MAIN STREET SALEM, NH 03079 603.893.3301 FAX 603.893.1977

May 18, 2017

Robert Moore

4 Summer Street

City Hall Room 300

Haverhill, MA 01830

Dear Mr. Moore,

This request for an amendment is in regards to Lot 4 of the subdivision "Delhaven Estates" that was

approved by the Commission in February of 2015.

The Order of Conditions for this project referenced a Culvert Crossing Plan dated February 4, 2015

along with the subdivision construction plan set. These plans showed an 8' wide paved driveway

along the entirety of Lot 4. However, the Haverhill Fire Chief submitted the a letter (attached) in

March of 2015 to the Haverhill Planning Board near the conclusion of the Planning Board approval

process. On the second page, under "Public Safety Design Standard for Residential Dwellings", he

lists a requirement for all driveways over 100 ft in length to be 12 feet wide. The plans were

amended at the time to show a 12' wide driveway that narrowed to 10' near the driveway culvert.

The project was approved by the Planning Board with this design.

Additionally, the final footprint of the house on this lot is roughly 300 square feet larger than the

house originally approved in the Order of Conditions. An additional roof infiltration chamber is

added to mitigate a potential increase in roof runoff. The footprint of the house is entirely outside of

the 50' wetland "no build" zone. The submitted septic plan also includes a more detailed septic

design than what was shown on the plans referenced by the Order of Conditions. It is important to

note that the septic grading does not encroach on the 25' wetland "no disturb" zone. The house and

septic system, as shown, will not require any extra tree clearing on this lot than what was originally

approved by the Commission.

In summary, we are requesting an amendment to the Order of Conditions allowing for the

construction of a 12' wide driveway and larger house footprint as shown on the submitted septic

plan. Thank you for your consideration of this matter.

Very truly yours,

MEISNER BREM CORPORATION

_______________________________

Ian Ainslie, EIT

1

Ian Ainslie

From: Ian Ainslie <[email protected]>

Sent: Monday, March 23, 2015 1:30 PM

To: 'Michael Migliori'; 'Larry Palmisano'

Cc: '[email protected]'

Subject: RE: Delhaven Plan Set

Attachments: Lot 4 Exhibit.pdf

Michael, Larry,

Sending you a revised Lot 4 Exhibit which shows the 10’ pavement and the shoulders removed as well as a note about

the fire apparatus weight located in the pavement detail. Hopefully this is what you need. If further changes are

necessary let me know.

Ian Ainslie, EIT Meisner Brem Corporation 142 Littleton Road, Suite 16 Westford, MA 01886 Tel: (978) 692-1313 [email protected]

Notice: The information contained in this email is intended only for the individual(s) addressed above. This information may be confidential for the benefit of the recipient only. If you are not the intended recipient, you are hereby notified that any use, disclosure, or copying of the email is strictly and expressly prohibited.

From: Michael Migliori [mailto:[email protected]]

Sent: Monday, March 23, 2015 10:34 AM

To: Ian Ainslie; 'Larry Palmisano'

Cc: [email protected]

Subject: RE: Delhaven Plan Set

Ian,

Met with the Fire Chief this morning, he was satisfied with the width issue of the driveway but he does want a note

stating the driveway would support fire apparatus weighing (36) thirty-six tons, can you please add it specific to Lot 4?

Please send it to me as soon as you can.

Thanks.

Michael J. Migliori

Fiorello & Migliori

18 Essex Street

Haverhill, MA 01832

ph 978-373-3003

fx 978-373-3066

2

email: [email protected]

From: Ian Ainslie [mailto:[email protected]]

Sent: Wednesday, March 18, 2015 11:45 AM

To: Michael Migliori; 'Larry Palmisano'

Subject: Delhaven Plan Set

Michael, Larry,

We have revised the Delhaven set per the last PB meeting and the water department/fire chief comments. I am sending

you an updated PDF of the plan set and Lot 4 Plan. The Lot 4 plan now has a 12’ driveway that narrows to 8’ at the

wetland crossing and widens back up to 12’. It also shows the subsurface material under the driveway that will allow it

to support the weight they requested (it is the subgrade as what is under the main roadway). This should be the plan

you were looking for, Larry. Briefly, here are the other changes made:

1. Waivers on sheet 2 were updated to include a waiver for the roadway pavement width to be 24’ rather than the

minimum of 28’.

2. Additional screening near SMF2 is provided. There are now 12 pines rather than 4. This can be seen on sheet 8.

3. A 20’ no cut zone was added on the definitive plans where possible.

4. The sight distance from the sight distance exhibit is now shown on the plans.

5. The water dept comments have been addressed: wells were removed and the house water service lines are shown.

The corporation tap and curb stop near broadway and near the cul-de-sac have been provided and a note calls them out

on both profile and grading sheets. A note was added under “general construction notes” on sheet 2 as well as on the

Water Service Detail on sheet 9 to address the water dept’s comment #6 regarding individual water systems.

6. The note the fire chief wanted about sprinklers is now on sheet 2 under “general construction notes”

Hopefully these are the last changes necessary. We are looking to find out what needs to be submitted, we are guessing

they are going to want the usual 19 sets. I am sending this in 2 emails so that it is not too large.

Ian Ainslie, EIT Meisner Brem Corporation 142 Littleton Road, Suite 16 Westford, MA 01886 Tel: (978) 692-1313 [email protected]

Notice: The information contained in this email is intended only for the individual(s) addressed above. This information may be confidential for the benefit of the recipient only. If you are not the intended recipient, you are hereby notified that any use, disclosure, or copying of the email is strictly and expressly prohibited.

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