1429 hilldale ave lots 3a &4a emd serono research and ... · 1/14/2018 · b. certificate #...

Prepared by:

33 Waldo Street

Worcester, MA 01608

1429 Hilldale Ave – Lots 3A &4A

EMD Serono Research and Development, Inc.

Notice of Intent

Haverhill, MA

Town of Haverhill

Conservation Commission

January 2018

Prepared for:

EMD Serono Research and Development Institute, Inc.

c/o Mr. Jack Conway

One Technology Plaza

Rockland, MA 02370

BSC Project No. 23312.00

January 10, 2018

Haverhill Conservation Commission

4 Summer Street

Haverhill, MA 01830

RE: Notice of Intent

1429 Hilldale Avenue Expansion Project

EMD Performance Materials

Dear Members of the Haverhill Conservation Commission:

On behalf of EMD Performance Materials (the Applicant), BSC Group, Inc. (BSC) is

pleased to submit this Notice of Intent (NOI) for the proposed expansion of the

warehouse/office located at 1429 Hilldale Avenue in Haverhill, MA (the Project).

This NOI is being submitted in accordance with the Massachusetts Wetlands

Protection Act (M.G.L. Ch.131, S.40) (WPA), its implementing regulations (310

CMR 10.00), and the City of Haverhill Wetlands Protection Ordinance (City Code

Chapter 253).

The proposed Project area is comprised of two parcels: the existing Performance

Materials property (Lot 4A) and the abutting undeveloped Lot 3A. As part of the

Project, the existing warehouse/office on Lot 4A will be expanded with a 2-story

building with a supporting parking lot constructed on Lot 3A. A Bordering Vegetated

Wetland (BVW) separates the parking area from the office/warehouse buildings and

there is no connection between the two lots. An asphalt pedestrian walkway is

proposed to provide access from the parking area to the new building and will require

crossing the BVW. A portion of the new proposed parking area on Lot 3A will be

located within the 100-foot Buffer Zone.

Because the impacts to the wetland resource areas and buffer zones have been

minimized to the extent practicable with unavoidable impacts to the BVW under

5,000 square feet, this NOI serves as a request for an Order of Conditions under the

WPA and the Haverhill Wetlands Protection Ordinance for the proposed activities.

Please find enclosed two copies of this NOI application along with ten copies of the

site plans. We respectfully request that you place this matter on your agenda for the

Haverhill Conservation Commision

January 2018

Page 2

2

next public hearing. If you have any questions, please do not hesitate to contact me at

(617) 896-4334 with any inquiries you may have. Thank you for your consideration

in this matter.

Sincerely,

BSC Group, Inc.

Taylor Dowdy Senior Project Manager

cc: Massachusetts Department of Environmental Protection – NERO

P. Chase Bernier, BSC

Jack Conway, EMD Serano

Table of Contents

1429 Hilldale Ave- Lots 3A & 4A

Haverhill, MA

Notice of Intent

WPA FORM 3 –NOTICE OF INTENT

NOI FEE TRANSMITTAL FORM

HCC LOCAL APPLICATION FORM 3 – NOTICE OF INTENT

COPY OF FILING FEE CHECKS

ATTACHMENT A PROJECT NARRATIVE

ATTACHMENT B USGS SITE LOCUS MAP

AERIAL PHOTO

VEGETATIVE COVER MAP

NRCS SOILS MAP

ENVIRONMENTAL RESOURCES MAP

HABITATS OF POTENTIAL REGIONAL OR STATEWIDE

IMPORTANCE

CITY PARCEL ID MAP

SITE PLAN

WETLAND REPLICATION AREA PLANTING PLAN

ATTACHMENT C SITE PHOTOGRAPHS

ATTACHMENT D BVW FORMS

ATTACHMENT E ABUTTER NOTIFICATION LETTER

CERTIFIED ABUTTERS LIST

ATTACHMENT F DRAINAGE REPORT

DEP STORMWATER CHECKLIST

CULVERT CALCULATIONS

ATTACHMENT G SIMPLIFIED WILDLIFE HABITAT EVALUATION

wpaform3.doc • rev. 3/10/2016

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Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Haverill City/Town

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance.

A. General Information

1. Project Location (Note: electronic filers will click on button to locate project site):

1429 Hilldale Avenue a. Street Address

Haverhill b. City/Town

01832 c. Zip Code

Latitude and Longitude: 42.252759 d. Latitude

-71.733601 e. Longitude

585 f. Assessors Map/Plat Number

430 2C and 2B g. Parcel /Lot Number

2. Applicant:

Jack a. First Name

Conway b. Last Name

EMD Serono Research and Development Institute, Inc. c. Organization

One Technology Place d. Street Address

Rockland e. City/Town

MA f. State

02370 g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

3. Property owner (required if different from applicant): Check if more than one owner

a. First Name

b. Last Name

EPICHEM Incorporated (EMD Serono) c. Organization

1429 Hilldale Ave d. Street Address

Haverhill e. City/Town

MA f. State

01832 g. Zip Code

h. Phone Number

i. Fax Number

j. Email address

4. Representative (if any):

Taylor a. First Name

Dowdy b. Last Name

BSC Group, Inc. c. Company

803 Summer Street d. Street Address

Boston e. City/Town

MA f. State

02127 g. Zip Code

(617) 896-4334 h. Phone Number

i. Fax Number

[email protected] j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

1,950.00 a. Total Fee Paid

$962.50 b. State Fee Paid

$987.50 c. City/Town Fee Paid

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MassDEP File Number


Haverill City/Town

A. General Information (continued)

6. General Project Description:

Expansion of the existing warehouse building with a 2-story building and the addition of a parking area on the adjacent lot. A BVW separates the parking area from the office/warehouse building. Therefore, a BVW crossing (asphalt pedestrian bridge) will be installed to provide access from the parking area to the building.

7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)

1. Single Family Home 2. Residential Subdivision

3. Commercial/Industrial 4. Dock/Pier

5. Utilities 6. Coastal engineering Structure

7. Agriculture (e.g., cranberries, forestry) 8. Transportation

9. Other

7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological

Restoration 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. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types)

2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for:

Essex a. County

b. Certificate # (if registered land)

17094 (for 430-2C) c. Book

466 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.

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MassDEP File Number


Haverill City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)

For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated.

Resource Area Size of Proposed Alteration Proposed Replacement (if any)

a. Bank 1. linear feet

2. linear feet

b. Bordering Vegetated Wetland

1,300 1. square feet

1,300 2. square feet

c. Land Under Waterbodies and Waterways

1. square feet

2. square feet

3. cubic yards dredged


d. Bordering Land Subject to Flooding

1. square feet

2. square feet

3. cubic feet of flood storage lost

4. cubic feet replaced

e. Isolated Land Subject to Flooding

1. square feet

2. cubic feet of flood storage lost

3. cubic feet replaced

f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland

2. Width of Riverfront Area (check one):

25 ft. - Designated Densely Developed Areas only

100 ft. - New agricultural projects only

200 ft. - All other projects

3. Total area of Riverfront Area on the site of the proposed project:

square feet

4. Proposed alteration of the Riverfront Area:

a. total square feet

b. square feet within 100 ft.

c. square feet between 100 ft. and 200 ft.

5. Has an alternatives analysis been done and is it attached to this NOI? Yes No

6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No

3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)

Note: for coastal riverfront areas, please complete Section B.2.f. above.

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MassDEP File Number


Haverill City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)

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 document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.


a. Designated Port Areas Indicate size under Land Under the Ocean, below

b. Land Under the Ocean 1. square feet


c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below

d. Coastal Beaches 1. square feet

2. cubic yards beach nourishment

e. Coastal Dunes

1. square feet

2. cubic yards dune nourishment

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


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


l. 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

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MassDEP File Number


Haverill City/Town

C. Other Applicable Standards and Requirements

This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent – Required Actions (310 CMR 10.11).

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://maps.massgis.state.ma.us/PRI_EST_HAB/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 1 Rabbit Hill Road Westborough, MA 01581

Phone: (508) 389-6360

August 2017 b. Date of map

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.2.f, 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).

c. Submit Supplemental Information for Endangered Species Review

1. Percentage/acreage of property to be altered:

(a) within wetland Resource Area

percentage/acreage

(b) outside Resource Area

percentage/acreage

2. Assessor’s Map or right-of-way plan of site

2. 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

(a) Project description (including description of impacts outside of wetland resource area & buffer zone)

(b) Photographs representative of the site

Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see

http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and 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.

http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm

http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/

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MassDEP File Number


Haverill City/Town

C. Other Applicable Standards and Requirements (cont’d)

(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

Projects altering 10 or more acres of land, also submit:

(d) Vegetation cover type map of site

(e) Project plans showing Priority & Estimated Habitat boundaries

(f) OR Check One of the Following

1. Project is exempt from MESA review.

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

3. Separate MESA review completed.

Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan.

3. 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, hand delivery, or electronic delivery of NOI to either:

South Shore - Cohasset to Rhode Island border, and the Cape & Islands:

Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694

Email: [email protected]

North Shore - Hull to New Hampshire border:

Division of Marine Fisheries - North Shore Office

Attn: Environmental Reviewer 30 Emerson Avenue

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.

http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm

http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm

mailto:[email protected]


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MassDEP File Number


Haverill City/Town

C. Other Applicable Standards and Requirements (cont’d)

Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.

4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?

a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website.

b. ACEC

5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?

a. Yes No

6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?

a. Yes No

7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?

a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if:

1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3)

2. A portion of the site constitutes redevelopment

3. Proprietary BMPs are included in the Stormwater Management System.

b. No. Check why the project is exempt:

1. Single-family house

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

This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12).

Applicants must include the following with this Notice of Intent (NOI). See instructions for details.

Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department.

1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)

2. 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.

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MassDEP File Number


Haverill City/Town

D. Additional Information (cont’d)

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.

EMD Performance Materials Building Expansion Permitting Plan Set a. Plan Title

BSC Group, Inc. b. Prepared By

c. Signed and Stamped by

8/11/2017 d. Final Revision Date

1" = 40' e. Scale

f. Additional Plan or Document Title

g. Date

5. If there is more than one property owner, please attach a list of these property owners not

listed on this form.

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.

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:

27225 2. Municipal Check Number

8/9/2017 3. Check date

27226 4. State Check Number

8/9/2017 5. Check date

BSC Companies 6. Payor name on check: First Name

7. Payor name on check: Last Name

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WPA Form 3

Section A. Additional General Information

3. Property Owner

Property ID: 585-430-2B

Owner: WBC Extrusion Products, Inc.

Address: P.O. Box 700 Atkinson, NH 03811

8. Property Recorded at the Registry of Deeds For:


Book 7631

Pg 57

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

A. Applicant Information

1. Location of Project:

1429 Hilldale Ave a. Street Address

Haverhill b. City/Town

27226 c. Check number

$1950 (962.50 state portion) d. Fee amount

2. Applicant Mailing Address:

Jack a. First Name

Conway b. Last Name

EMD Serono Research and Development Institute, Inc. c. Organization

One Technology Plaza d. Mailing Address

Rockland e. City/Town

MA f. State

02370 g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

3. Property Owner (if different):

a. First Name

b. Last Name

EPICHEM, Inc. (EMD Serono) (430-2C) c. Organization

1429 Hilldale Ave d. Mailing Address

Haverhill e. City/Town

MA f. State

01832 g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent).

B. Fees

Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.

Step 2/Number of Activities: Identify the number of each type of activity.

Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.

Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.

Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

B. Fees (continued)

Step 1/Type of Activity Step 2/Number of Activities

Step 3/Individual Activity Fee

Step 4/Subtotal Activity Fee

Parking lot - Category 2(b)

1

$500

$500

Wetland Crossing - 4(a)

1

$1,450

$1,450

Step 5/Total Project Fee: $1950

Step 6/Fee Payments:

Total Project Fee:

$1950 a. Total Fee from Step 5

State share of filing Fee: $962.50 b. 1/2 Total Fee less $12.50

City/Town share of filling Fee: $987.50 c. 1/2 Total Fee plus $12.50

C. Submittal Requirements

a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts.

Department of Environmental Protection

Box 4062 Boston, MA 02211

b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of

this form; and the city/town fee payment.

To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)

WPA NOI Wetland Fee Transmittal Form

A. Application Information

3. Additional Property Owner


Owner: WBC Extrusion Products, Inc.

Address: P.O. Box 700 Atkinson, NH 03811

City of Haverhill Conservation Commission HCC Local Application Form 3

Notice of Intent

City Hall Room 300 • 4 Summer Street • Haverhill, MA 01830 • www.cityofhaverhill.org Page 1 of 5

Approved by HCC 5.12.2016

A. STATUTE APPLICABILITY

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

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

X Haverhill Municipal Ordinance Chapter 253

B. GENERAL INFORMATION

Applicant Jack Conway - EMD Performance Materials

Property Owner EPICHEM Inc. (EMD Serono)

Representative Taylor Dowdy, BSC Group, Inc.

Location (Street Address) 1429 Hilldale Avenue Haverhill, MA 01832

Assessor’s Parcel Identification 585-430-2C and 2B

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:

X Completed, current WPA Form 3, 3A, or 4 and NOI Wetland Fee Transmittal Form

X Project Narrative with description of resource areas & delineation methodology and demonstration of

compliance with pertinent Performance Standards

X Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan

X 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)

X MassDEP Bordering Vegetated Wetland Delineation Field Data Forms, as appropriate

X Wetland Resource Area Impact Mitigation Plan prepared in accordance with MA Inland Wetland

Replication Guidelines, if applicable

N/A Demonstration of compliance with MA River & Stream Crossing Standards, if applicable (The

HCC applies the General Standards to all resource area crossings for wildlife passage.)

N/A Simplified or Detailed Wildlife Habitat Evaluation (Appendix A or B), if applicable (See “MA

Wildlife Habitat Protection Guidance for Inland Wetlands”)

X Demonstration of compliance with MA Stormwater Management Standards, including but not limited to

X Stormwater Report with pertinent calculations based on NOAA Atlas 14 rainfall data

X Checklist for Stormwater Report

Long-Term Pollution Prevention Plan

Operation and Maintenance Plan

Illicit Discharge Compliance Statement

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

X USGS Quadrangle

http://www.cityofhaverhill.org/


Notice of Intent



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 Notice of Intent filed under the Massachusetts Wetlands Protection Act and said ordinance by

EMD Serono Research and Development Institute, Inc. with the Haverhill Conservation Commission on (NAME OF APPLICANT) __1/11/18_______________ for property located at 1429 Hilldale Ave 585-430-2C and 2B (DATE) (STREET ADDRESS AND ASSESSOR’S PARCEL ID)

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

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

application.

Signed: Taylor Dowdy 1/11/17 (NAME OF PERSON MAKING AFFIDAVIT) (DATE)



Notice of Intent



H. 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 EMD SerOno Research and Development Institute, Inc.

2. Brief Project Description: Expansion of an existing building; construction of a new parking lot,

pedestrian walkway to connect the parking lot to the existing building, and stormwater basin that will

occur within 100-foot Buffer Zone, 50-foot No Build Zone, 25-foot No Build/No Disturbance Zone, and

within Bordering Vegetated Wetland.

3. The applicant has filed a Notice of Intent (“NOI”) 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 1429 Hilldale Ave (582-430-2C and 582-430-2B) (INCLUDE ASSESSOR’S MAP/BLOCK/LOT)

5. Copies of the NOI 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 application materials on the “Projects Under Review” section of the Commission’s website.

6. Copies of the NOI may be obtained from either (check one) the applicant , or the applicant’s

representative X, by calling this telephone number (617) 896-4528 between the hours of 8am and 5pm

on the following days of the week Monday - 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.


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


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


Notice of Intent



I. LOCAL ORDINANCE FEE CALCULATION FORM

ACTIVITY LOCAL ORDINANCE FEE

# of Activities

or

Measurement Subtotal

*Abbrev. Notice of Resource Area Delineation (ANRAD)

Single Family House Project

$1/linear foot, first 100'; $0.50/lf,

second 100'; $0.10/lf, each additional

foot

All Other Projects

***$1/linear foot, first 1000'; $0.50/lf,

second 1000'; $0.10/lf, each additional

foot

%*Notices of Intent (NOI)

Category 1 Activity $100




Category 5 Activity $2/foot

Category 6 Activity - If no ANRAD was filed for the project site,

then a local Cat. 6 fee must be paid in accordance with the ANRAD

fee schedule See ANRAD fee schedule

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

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 Fee maximum of $100, if, when determined necessary by Commission, applicant agrees to ANRAD review by outside consultant

under M.G.L. Ch. 44, sec. 53G

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

LOCAL ORDINANCE FEE TOTAL

NOTES:

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

1 $250

$1,020

1 $725


Attachment A

1429 Hilldale Ave – Lots 3A & 4A

Haverhill, MA

Notice of Intent

PROJECT NARRATIVE

ATTACHMENT A – PROJECT NARRATIVE 1429 HILLDALE AVENUE EXPANSION PROJECT

NOTICE OF INTENT _______________________________________________________________________________________________

A-1

1.0 INTRODUCTION

On behalf of EMD Performance Materials (the Applicant), BSC Group, Inc. (BSC) is submitting

this Notice of Intent (NOI) for the proposed expansion of the warehouse/office located at 1429

Hilldale Avenue in Haverhill, Massachusetts (the Project). This NOI is being submitted in

accordance with the Massachusetts Wetlands Protection Act (M.G.L. Ch.131, S.40) (WPA), its

implementing regulations (310 CMR 10.00), and the City of Haverhill Wetlands Protection

Ordinance (City Code Chapter 253).

The proposed Project area is comprised of two parcels, the existing EMD Performance Materials

property (Lot 4A/Lot 2C on assessor’s map) and the abutting undeveloped Lot 3A (Lot 2B on

assessor’s map). As part of the Project, the existing warehouse/office on Lot 4A will be expanded

with a 2-story building and supporting parking lot constructed on Lot 3A. A Bordering Vegetated

Wetland (BVW) separates the parking area from the office/warehouse buildings with no viable

access between the two lots. An asphalt pedestrian walkway is proposed to provide access from

the new parking area to the new building and will require crossing through BVW. The stormwater

management basin, pedestrian walkway, portions of the new utility lines, and a portion of the new

proposed parking area on Lot 3A will be located within 100-foot Buffer Zone. A small portion of

the stormwater basin and new water line connection will also be located within the City’s 50-foot

No Building Zone. Minor portions of the pedestrian walkway will also be located within the 50-

foot No Building Zone and 25-foot No Disturbance/No Build Zone on both Lot 3A and Lot 4A.

The majority of impacts will occur within 100-foot Buffer Zone and minimal impacts (e.g., <5,000

square feet) to wetland resource areas are anticipated. In addition, Best Management Practices

(BMPs) will be implemented during construction (see sediment/erosion controls on Sheet C100 in

Attachment B) and will further reduce and mitigate adverse impacts associated with the Project.

Additional details regarding the proposed Project as well as the stormwater management BMPs to

be utilized throughout the Project are discussed in the following sections.

Because the impacts to the wetland resource areas and buffer zones have been minimized to the

maximum extent practicable with unavoidable permanent impacts to BVW under 5,000 square feet,

this NOI serves as a request for an Order of Conditions under the WPA and Haverhill Wetlands

Protection Ordinance for the proposed activities.

2.0 EXISTING CONDITIONS

The Project is located on Lots 3A and 4A of 1429 Hillsdale Avenue in Haverhill, Massachusetts.

Lot 3A comprises approximately 4.5 acres while Lot 4A comprises approximately 5 acres (±9.5-

acres total). A portion of Lot 4A contains an existing industrial building and paved parking and

access roads surrounded by landscaped areas. The remainder of the Project site consists of a mosaic

of mixed successional upland forest and forested wetlands.

According to the wetland delineation conducted by BSC on June 4, 2017, the proposed activities

are mainly located within 100-foot Buffer Zone to BVW. Access between the two parcels will

require a 1,300-square foot crossing through BVW located on Parcel 4A. The BVW and 100-foot

Buffer Zone located onsite are discussed in greater detail below.

According to the applicable Flood Insurance Rate Map (FIRM), Community Panel 0086F dated

July 3, 2012, the Project is not located within 100-year floodplain (corresponding to Bordering


NOTICE OF INTENT _______________________________________________________________________________________________

A-2

Land Subject to Flooding (BLSF) by the WPA). Therefore, no impacts to BLSF or loss of flood

storage is expected.

Existing conditions, wetland resource areas, and buffer zones in relation to the proposed activities

are shown on the Site Plans in Attachment B. Representative photographs are provided in

Attachments C. Excluding the necessary access between the office and the parking lot, Project

activities are only proposed within 100-foot Buffer Zone with a small portion of the stormwater

management basin also located within the City’s 50-foot No Disturbance Zone. No other

jurisdictional resource areas were identified within or near the Project area, including Natural

Heritage and Endangered Species Program (NHESP) Priority and Estimated Habitat, Outstanding

Resource Waters (ORWs), Areas of Critical Environmental Concern (ACECs), Activity and Use

Limitations (AULs), or Massachusetts Department of Environmental Protection (MassDEP) 21E

sites.

Wetland Resource Area Summary

The wetland delineation conformed to the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987); the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region (Version 2.0) (U.S. Corps of Engineers,

2012); Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act (MassDEP, 1995); and the City of Haverhill Wetlands Protection Ordinance (Ch 253).

The BVW is a freshwater forested wetland dominated by red maple (Acer rubrum), ironwood

(Carpinus caroliniana), highbush blueberry (Vaccinium corymbosum), and sensitive fern (Onoclea sensibilis). The BVW extends from Hillsdale Avenue east where it is hydrologically connected via

a culvert to another BVW on the east side of Fondi Road. Minor disturbance to the BVW from the

rail line located to the east was observed. Please refer to Attachment B, the Environmental

Resources Map which shows the wetlands on and off-site. Please refer to Attachment D for the

BVW wetland data forms.

According to the Natural Resources Conservation Service (NRCS) Web Soil Survey (NRCS,

2017), Agawam fine sandy loam soils and Scantic silt loam are mapped in this area. In-field

investigations of the soil showed dark chroma colors consistent with hydric soils. Hydrologic

indicators in this wetland included rivulets and channels, saturated soils at 4-6 inches, water stained

leaves, sparse vegetation, and geomorphic position.

100-foot Buffer Zone The majority of the proposed expansion activities will occur outside of jurisdictional areas. To

provide parking spaces for the additional office/warehouse space, a new parking lot is needed. A

section of the adjacent lot (Lot 3A) was selected as the only viable option for the new parking lot.

To avoid impacts to the upland forest and to provide the most efficient access for the employees,

the parking area was constructed as close to the office/warehouse on Lot 4A as practicable.

Therefore, a portion of the parking lot will occur within the 100-foot Buffer Zone. A small corner

of the proposed building addition on Lot 4A will be constructed within the 100-foot Buffer Zone

as well. The Environmental Resources Map in Attachment B depicts the extent of 100-foot Buffer

Zone on and off-site.


NOTICE OF INTENT _______________________________________________________________________________________________

A-3

In addition, the necessary stormwater management (a detention/infiltration) basin will be

constructed adjacent to the parking area and will be constructed within 100-foot Buffer Zone with

a small portion of the basin also being located within the City’s 50-foot Building Zone. A portion

of the pedestrian walkway will also occur within the 100-foot Buffer Zone as well as smaller

portions being located within the City’s 50-foot No Building Zone and 25-foot No Disturbance/No

Build Zones.

In order to connect to the existing gas and water main lines, a portion of the new utility lines will

be located within the 100-foot Buffer Zone as well as smaller portions of the new water line being

located within the 50-foot No Building Zone and 25-foot No Disturbance/No Build Zone. The

impact to these local protection zones will occur within existing paved roads, including the road

layout of Hilldale Avenue and the access road to the building.

The Buffer Zone on the site can be described as mixed successional upland forest dominated by

red maple, oaks (Quercus spp.), black cherry (Prunus serotine), and white pine (Pinus strobus).

The understory is generally open with sporadic shrub and herbaceous vegetation.

25-foot No Disturbance/No Build and 50-foot No Building Zones

A 25-foot No Disturb/No Build and 50-foot No Building Zone are designated under the Haverhill

Wetlands Protection Ordinance. As part of the Project, the only work proposed within the 25-foot

No Disturb/No Build Zone is a small portion of the pedestrian walkway. Additionally, a small

portion of the pedestrian walkway and a small portion of the stormwater management basin are

located within the 50-foot No Building Zone. However, under §253-3A.(5) of the City’s Wetlands

Protection Ordinance, “work necessary to and connect with crossing of a wetland to provide access

to other land of the same owner or to a landlocked parcel,” is a conditional exemption. No buildings

or the parking lot are proposed within either the 25-foot No Disturb/No Build Zone or the 50-foot

No Building Zone.

3.0 PROPOSED ACTIVITIES & ANTICIPATED IMPACTS

The Applicant is proposing to construct a new building addition on Lot 4A; a new parking lot on

Lot 3A to support the additional office/warehouse space; and associated site grading and

preparation (including tree clearing), drainage, utilities, and stormwater management. To provide

access between the parking lot and the buildings, a paved pedestrian access will also be constructed.

The walkway will be constructed by grading an approximately 3-foot tall berm approximately 6-

feet feet wide along the top. Since the pedestrian walkway will cross a BVW, two 18-inch culverts

will be constructed below the walkway to maintain the hydrologic connection between the wetland

areas and provide wildlife passage without creating an impassable barrier. Two 18-inch HDPE

(polyethylene) pipes will be installed, and have been sized to pass the 100-year storm event using

the Hydraulic Design Series #5 – Hydraulic Design of Highway Culverts (Third Edition) developed

by the U.S. D.O.T. Federal Highway Administration. Support calculations and materials are

included in Attachment F.

As stated above, a portion of the proposed Project will be located within the 100-foot Buffer Zone

including the new parking area, the stormwater management basin, a portion of the pedestrian

walkway, a portion of the new water and gas utility lines, and a very small portion of the building

expansion. Minor impacts to the City’s 25-foot No Disturb/No Build Zone and 50-foot No Building

Zone will occur from the construction of the pedestrian walkway. The stormwater management


NOTICE OF INTENT _______________________________________________________________________________________________

A-4

basin will impact a small portion of the 50-foot No Building Zone as well. In addition, to provide

access from the parking lot to the building, the pedestrian walkway will be constructed through

BVW. Please refer to Table 3-1 below for details on the impacts from the proposed Project.

The Project, as designed, will implement BMPs, including erosion and sediment controls, during

construction to reduce the likelihood of impacts to resource areas. Further details are provided in

the following sections.

3.1 Sedimentation and Erosion Control Prior to construction, the limit of work will be delineated using silt fence and haybales to prevent

sediment-laden stormwater runoff from leaving the site. In addition, existing and proposed catch

basins will be protected during construction with a silt sack type filter product. The proposed limit

of work and silt fence/haybale line as well as the proposed details for the sediment control devices

are shown on the Site Plans in Attachment B. The silt fence will be embedded to a minimum

depth of 4-inches to ensure that any construction-related erosion or sedimentation is contained to

the construction site. In addition, erosion control blankets will be used on steeper constructed

slopes, if needed. The sediment controls will remain in place until disturbed areas are stabilized.

Crushed stone aprons (i.e., anti-tracking pads) will be constructed at all access road entrances/exits

to public roadways to clean the tires of construction vehicles and minimize the tracking of soil onto

public roadways.

3.2 Construction Staging Locations Designated staging and storage areas will be used during construction (to be determined by the

contractor). These staging/storage areas will be located outside of the 100-foot Buffer Zone such

that there will be no overnight storage of soil, gravel, or other construction debris within

jurisdictional resource areas. Material stockpiles will be surrounded with sediment controls at the

end of each work day.

3.3 Impacts to Wetland Resource Areas and Buffer Zones

Table 3-1 summarizes the proposed impacts within jurisdictional resource areas.

Table 3-1: Proposed Project Impacts

Impact

25-foot No

Disturbance/No

Build Zone (sf)

50-foot No

Building Zone

(sf)

100-Foot Buffer

Zone (sf) BVW (sf)

New Parking Area 0 0 7,963 0

Stormwater Basin 0 50 5,852 0

Pedestrian Walkway 2,552 5,274 6,620 1,300

Building Expansion 0 0 22 0

Site grading/clearing 0 3,449 0 0

Total 2,552 8,773 20,457 1,300


NOTICE OF INTENT _______________________________________________________________________________________________

A-5

The only impact to BVW will occur as a result of the construction of the paved pedestrian walkway

which is necessary to provide safe access between the parking lot and buildings. Impacts to BVW

and Buffer Zones have been minimized to the greatest extent practicable while also meeting the

Project’s objectives. Disturbed areas within Buffer Zones will be restored and allowed to

revegetate to provide a vegetated buffer between the structure and adjacent resource area.

The BVW impacts from the pedestrian walkway will be fully mitigated through the creation of a

wetland replication area. Please refer to Section 7.0 below for additional details on the proposed

mitigation.

A Simplified Wildlife Habitat Evaluation (Appendix A form – See Attachment G) was completed

for the Project by P. Chase Bernier, CWB a Certified Wildlife Biologist by The Wildlife

Society. There were no critical wildlife habitat features as identified by Appendix A present within

the Project area. Available wildlife habitat is limited and generally consists of previously impacted

habitats from anthropogenic land use alterations such as land clearing, railroad and road

construction, and commercial developments. The site is fragmented from adjacent contiguous

forested habitat by Hilldale Avenue to the west, Fondi Road to the south and east, a railroad line to

the east, and existing commercial development to the north. Therefore, the site does not provide

high quality wildlife habitat. The site is also not mapped as a “Habitat of Potential Regional or

Statewide Importance”. As shown in the Wildlife Habitat Evaluation form, the proposed impacts

will not adversely affect important wildlife habitat features. The Project will not create an

impediment to wildlife movement or animal passage. During construction, wildlife may

temporarily leave the site for adjacent areas but are expected to return once the work is

complete. Suitable habitat will be available to wildlife for foraging, nesting, sheltering, etc. after

the Project is complete.

3.4 Stormwater Management Deep sump hooded catch basins, a sediment forebay, and detention area will be constructed to fully

address stormwater on site. The sediment forebay and detention area will be located within the

100-foot Buffer Zone and the 50-foot No Building Zone. Please refer to the site plan drawings in

Attachment B.

The proposed project has been designed to comply with the WPA and the MassDEP’s Stormwater

Management Standards. The stormwater management system has been designed such that the post-

development conditions result in a decrease in the peak runoff rates for the entire site. The

reduction in peak runoff rates is achieved through the use of stormwater infiltration/detention

proposed as part of the site development. In addition, the stormwater management system has

been designed to provide treatment for stormwater runoff from all new impervious areas. The pipe sizes were designed using the Rational Method and a 10-year design storm. The detention

system was designed using the SCS TR-20 Method and a 100-year design storm.

Additionally, a long-term pollution prevention plan has been developed for the site to control source

discharge and prevent pollution at the site after construction. Details on the long-term pollution

prevention for the site can be found in the Drainage Report in Attachment F.


NOTICE OF INTENT _______________________________________________________________________________________________

A-6

3.5 Restoration

Disturbed areas will be returned to pre-construction elevations and conditions to the extent

practicable. In areas of vegetated ground, disturbed areas will be seeded with an appropriate

conservation seed mixture and/or mulched and allowed to re-vegetate.

Temporary soil erosion and sediment control devices will be removed following stabilization of

disturbed areas. In addition, construction debris and non-biodegradable controls will be removed

from the site following construction and site stabilization.

4.0 WETLAND FUNCTIONS AND VALUES: INTERESTS OF THE MA WETLANDS

PROTECTION ACT AND HAVERHILL WETLANDS ORDINANCE

The WPA and associated regulations protect the following interests: public and private water

supply, ground water supply, flood control, storm damage prevention, prevention of pollution, land

containing shellfish, fisheries, and wildlife habitat. Unless proven otherwise, each regulated

resource area is presumed significant to all or some of the above-listed interests, and impacts to

regulated resource areas may impact the functioning of the protected interests. In addition to the

interests of the WPA, the Haverhill Wetlands Protection Ordinance protects additional interests

including erosion and sedimentation control, storm damage prevention, water quality, water

pollution control, rare species habitat, agriculture, aquaculture and recreation and aesthetic values

deemed important to the community (§253-1).

The impacts associated with the proposed Project are not likely to impact the interests of the WPA

or the Haverhill Wetlands Protection Ordinance due to the limited size of the impact, the nature of

the impact, and the existing size and quality of the resource area being impacted. Extensive efforts

have been taken to avoid and minimize impacts to wetland resources to the greatest extent

practicable; therefore, impacts to the interests of the WPA and the Town’s Ordinance as well as to

wetland functions and values are anticipated to be relatively modest.

5.0 ALTERNATIVES ANALYSIS

The Project has been designed to avoid, minimize, and mitigate project-related impacts to the

maximum extent practicable. The proposed Site Plan has been designed to avoid work within

wetland resource areas and buffer zones to the maximum extent practicable while still meeting the

Project objectives of the Applicant. In addition, the proposed work avoids and meets the

requirements of the Town’s No Disturb/No Build and No Building Zones and other town zoning

setbacks.

In order to provide parking for the employees expected to use the new building addition, an

additional parking lot will be constructed. The area proposed for the parking lot currently consists

of successional upland forest that is typical of previously-disturbed areas in commercial/industrial

settings. The proposed parking lot is located southwest of the existing building and is isolated from

the building by a BVW. The parking lot has been located as far away as practicable while still

meeting the Project objectives. Alternatives to the proposed location included locating the parking

lot further from the building; however, this would result in higher construction costs, increased

walking distance, and additional forest clearing.


NOTICE OF INTENT _______________________________________________________________________________________________

A-7

The pedestrian walkway from the proposed parking lot crossing the BVW to the building is

necessary. Multiple alternatives were considered including adding a concrete sidewalk along

Hilldale Avenue, constructing a wood boardwalk, as well as the proposed asphalt walkway. The

construction of a wood boardwalk was removed from consideration resultant from significantly

higher construction costs and operation and maintenance concerns.

The alternative option to route a sidewalk around the wetlands to the west, along Hilldale Avenue,

to connect the satellite parking with the EMD facility was explored. Since this portion of Hilldale

Avenue currently provides no other sidewalk, has narrow shoulder distance between the roadway

and dense tree lines, and includes numerous vertical and horizontal curves with limited sight

distance, this option was deemed unsafe for pedestrians. Although this option would avoid direct

impact to wetlands, it would be an increase in new impervious area to the 25-foot No-Disturb/No

Build Buffer Zone. For these reasons, this alternative sidewalk option was deemed unfeasible.

Therefore, an asphalt pedestrian walkway was deemed to have the least amount of adverse impacts

while still meeting the Project objectives.

The majority of the work within 100-foot Buffer Zone is limited to the outer 50-foot radius

excluding a small portion of the pedestrian walkway and a very small portion of the stormwater

basin, and maintains the existing vegetative buffer between the work area and the BVW as much

as practicable. The Project contains provisions for stormwater management and groundwater

recharge, further reducing both short- and long-term impacts associated with the Project. Overall,

no adverse impacts to jurisdictional resource areas are anticipated as a result of the proposed

Project.

6.0 CONFORMANCE WITH PERFORMANCE STANDARDS OF THE WPA AND THE

HAVERHILL WETLANDS PROTECTION ORDINANCE

The Project has been designed to meet the general performance standards for wetland resource

areas protected by the WPA, its implementing regulations, and the Haverhill Wetlands Ordinance

whenever feasible. The following sections describe how the Project meets the performance

standards of BVW since no other resource areas with performance standards are proposed to be

impacted.

[310 CMR 10.55(4)(a)] – Where the presumption set forth in 310 CMR 10.55(3) is not overcome, any proposed work in a BVW shall not destroy or otherwise impair any portion of said area.

The Applicant has designed the Project to avoid wetland impacts to the maximum extent practicable

while still meeting the objectives of the Project. Unavoidable permanent wetland impacts are

anticipated to occur as a result of necessary access from the parking lot to the office/warehouse for

employees (1,300 sf). This minimal area of wetland fill is not anticipated to greatly impact the

existing conditions of the BVW and two 18-inch culverts will be constructed to maintain hydrologic

connectivity. In addition, onsite in-kind compensatory wetland replication is proposed to mitigate

for those permanent impacts so there is no net loss of habitat. (Refer to Section 7.0).

[310 CMR 10.55(4)(b)] – Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of up to 5,000 square feet of BVW when said area is replaced (in accordance with 310 CMR 10.55(4)(b)).


NOTICE OF INTENT _______________________________________________________________________________________________

A-8

The proposed activities will result in the permanent loss approximately 1,300 square feet of BVW

from the necessary access connecting the parking lot to the office/warehouse. This impact is

expected to be minimal and is not anticipated to greatly impact the existing functions and services

of the BVW. However, the Applicant is proposing to provide wetland replacement to fully

compensate for the loss.

[310 CMR 10.55(4)(c)] – Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of a portion of BVW when said portion has a surface area less than 500 square feet; said portion extends in a distinct linear configuration (“finger like”) into adjacent uplands, and; in the judgment of the issuing authority it is not reasonable to scale down, redesign or otherwise change the proposed work so that it could be completed without loss of said wetland. The access between the lots will result in in approximately 1,300 sf of permanent impact to BVW.

The chosen location for the access was chosen as the least impact to the BVW and Buffer Zones to

the extent practicable. There are no viable alternatives to provide access without impacting BVW.

[310 CMR 10.55(4)(d)] – Notwithstanding the provisions of 310 CMR 10.55(4)(a), (b) or (c), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59.

Based on a desktop review of the most recent MassGIS datalayers administered by NHESP, no

designated Priority Habitat or Estimated Habitat for rare species are identified within the Project

area. Therefore, there will be no adverse effects to rare species.

310 CMR 10.55(4)(e)] – Any proposed work shall not destroy or otherwise impair any portion of BVW that is within an ACEC designated by the Secretary of Environmental Affairs under M.G.L. c.21A, s.2(7) and 301 CMR 12.00.

Not applicable; The Project is not located within an ACEC.

7.0 WETLAND REPLICATION

In order to ensure no net loss of BVW as a result of the Project, the Applicant proposes to provide

appropriate compensatory wetland replication in order to offset any permanent adverse wetland

impacts. Wetland replication has been designed at a 1:1 ratio for the 1,300-sf of permanent loss of

BVW in accordance with the WPA and the Haverhill Wetlands Protection Ordinance. A 1,300-sf

wetland replication area will be constructed onsite and in-kind, in a location in proximity to the

impact area. The replication area will comply with the requirements of the WPA since it will be:

• In an area adjacent to or near the BVW being impacted;

• Located within the same general area of the water body or reach of the water as the lost

area; and

• Have an unrestricted hydraulic connection to the same waterbody or waterway associated

with the lost area.

The wetland replication area will be excavated in order to meet the appropriate grades necessary

for hydrologic connectivity to the adjacent BVW and filled with suitable, clean (i.e., invasive

species and contaminant free) topsoil material with sufficient organic content. The final grade of


NOTICE OF INTENT _______________________________________________________________________________________________

A-9

the replication area will meet the existing grade of the adjacent wetland; however, in order to

provide for additional wetland functions and services, the area will not be smooth-graded and will

instead consist of minor “pit-and-mounds” of ±6-inches. Pit-and-mound topography provides

minor undulations in grade that are beneficial for obligate wetland wildlife such as Anurans (i.e.,

frogs/toads), salamanders, and invertebrates. Additionally, the varying minor grade changes

increase vegetative biodiversity by providing a wide variety of micro-environments for plants to

thrive, thereby creating the potential for a greater number of species to become established.

Following establishment of final grades, the replication area will be planted with hydrophytic

wetland vegetation similar to those present in adjacent wetland communities and seeded with an

appropriate wetland conservation seed mix. Please refer to Attachment B for the Wetland

Replication Area Planting Plan.

After the area has been planted and seeded, the replication area will be mulched with weed-free

straw. Mulching will increase soil moisture retention and ambient soil temperature thereby increase

germination success. It will also decrease seed predation and reduce the likelihood of weed

establishment. A qualified wetland scientist will be present during the construction and seeding of

the wetland replication area.

8.0 CONCLUSION

The information contained in this NOI application sufficiently describes the site, proposed work,

and the effect of said work on the interests of the WPA and Haverhill Wetlands Protection

Ordinance. Although proposed activities will primarily occur within 100-ft Buffer Zone protected

under the WPA and the Haverhill Wetlands Protection Ordinance, the Project will result in only

minor permanent impacts to these areas. Unavoidable wetland impacts are required to provide

access between the new parking lot and the office/warehouse. Impacts were minimized to the

greatest extent practicable and will be fully mitigated through the creation of an onsite, in-kind 1:1

compensatory wetland replication area. Therefore, the Applicant respectfully requests the

Haverhill Conservation Commission to issue an Order of Conditions for the proposed Project as

described herein.

Attachment B

1429 Hilldale Ave – Lots 3A & 4A

Haverhill, MA

Notice of Intent

USGS SITE LOCUS MAP

AERIAL PHOTO

VEGETATIVE COVER MAP

NRCS SOILS MAP

ENVIRONMENTAL RESOURCES MAP

HABITATS OF POTENTIAL REGIONAL OR

STATEWIDE IMPORTANCE

CITY PARCEL ID MAP

SITE PLAN

WETLAND REPLICATION AREA PLANTING PLAN

Copyright:© 2013 National Geographic Society, i-cubed

71°6'0"W

71°6'0"W

71°7'0"W

71°7'0"W

71°8'0"W

71°8'0"W42

°49'0"

N

42°49

'0"N

42°48

'0"N

42°48

'0"N

Document Path: G:\GISPrj\0000001\George\2331200\MXD\HaverhillExp_Locus_20170807.mxdDate Saved: 8/7/2017 3:13:36 PM

THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE

Scale: Source: 2013National GeographicSociety, i-cubed

1429 HILLDALE AVENUE EXPANSION PROJECTEMD PERFORMANCE MATERIALS

USGS Site Location MapHaverhill, MA

(page size: 8.5 X 11)1 inch = 2,000 feet

0 1,000 2,000

Feet

H

PROJECT AREA