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Home My WebLink AboutDecision - 695 MASSACHUSETTS AVENUE 8/23/2017 Massachusetts Department of Environmental Protection U[ GU0fResource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlagos Zrte;t' n Act M.G L c" 1 1 §4 4 z�/Az") sot � Important: � When filling From: ingou� � forms onthe North Andover computer, use dnns11*mu`ipnt*mmission � only the tab � key mmove To: Applicant Property Owner(if different from apu|imand: your cursor donot use the John O. 0|enio � return key. Name Name � 8Devonshire Road VQ Mailing Address Mailing Address /#k|noonNH O3811 �� Qty/7mwn State Zip Code City/Town Gtuha Zip Code ^--�---� 1. Tit|eandDate (orRevisedDate |fapp||cab|e) ofFina| P|ansandOiherDocumonte: Sewer Service Connection P|anJu| 27 2017 TiNv Date Title ooha ----------------- Td|e oou, 2. Date Request Filed: | 88/O7/2017 B~ Determination Pursuant tothe authority ofM.G.L o. 131. § 40^ the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Decommission an existing septic tank (pump, crush and fiU), with connection to town sewer with a 6" PVC sewer service. Sewer service will be extended within Massachusetts Avenue. Project Location: QQ5Massachusetts Avenue North Andover Street Address City/Town 5944 xx,expumMap/Plat Number PmmeVLn{Number Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. Bordering Vegetated Wetland - Flags 1A- 14A ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability-rev.12114 Page 2 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See Attached ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. w9aform2.doc•Determination of Applicability rev.12114 Page 3 of 5 | � � Name of Municipality Pursuant toamunicipal wetlands ordinance orbylaw. North Andover Conservation Commission Chapter 178 Name Ordinance mBylaw Citation C. Authorization This Determination imissued h/the applicant and delivered oofollows: �l byhand delivery on || bycertified mail, return receipt requested on om= � This Determination imvalid for three years from the date ofissuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan), This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, � ordinances, bylaws, nrregulations. This Determination must besigned bynmajority ofthe Conservation Commission, Acopy must bmsent tothe appropriate DEP Regional Office (see � S tuA D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work ishmbodone, mrany ten residents ofthe city ortown inwhich such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www.mass..qov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. 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,The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. °p"m""eu""'Determination ifApplicability'rev.mn^ page 4 of CONSERVATION DEPARTMENT Community & Economic Development Division NECrX11VE DETERMINATION OF APPLICABILITY SPEGIAI_, CONDI`HONS 695 Massachusetts .Avenue, North Andover At the August 23, 2017 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the decommissioning of an existing septic: tank and connection to town sewer (will need to be extended within Massachusetts Avencte) within. the 100--foot.Buffer lone to Bordering Vegetated Wetland (BVW). The project will conform to the following: I Applicant/owner: John D. Olenio 8 Devonshire Road Atkinson, N 4 03811 Representative: Sullivan Engineering Group, 1111C Jack Sullivan, P.E. P.O. Box 2004 Woburn, MA 01888 Record Documents: Request for Determination of Applicability Fornx '1 and supporting materials, submitted: August 7, 2017 Including: Project Summary (Date July 27, 2017), USGS Map, Notification to Abutters, and Application Checklist; Record Plans: `I"itled: Sewer Service Connection Plan (695 Massachusetts Avenue) Date:July 27, 2017 SPECIAL CONDITIONS: 1. Prior to the start of work the applicant:shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Erosion control, staked hay bales and silt fence, shall be installed as shown on the herein referenced plans. Silt. Sacks shall be installed in catch basins within 100' of the work. 3. Prior to construction, the applicant/engineer will arrange a preconstruction meeting at the site with the contractor and the Conservation Department to review thee installed erosion controls. 4. Stockpiled materials shall be located within installed erosion controls. The work area shall be swept at the end of each day. 5. Upon completion of the approved project and final stabilization (grass growing),please contact the Conservation Department for a final inspection and authorization to remove erosion controls. 120 Mein Street,North Andover,ttlassadnasetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: littp://Nvww.i-iortliandoveriiia.gov i