Loading...
HomeMy WebLinkAboutMiscellaneous - 130 LACONIA CIRCLE r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form Z Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Deborah Schmidt SAME return key. Name Name 130 Laconia C' Ma&Q Address — Marg Address North Andover MA 01845 City/Town State Zip Code CWOVM State Trp Code rem, 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA application 6126/03 Title Dom; Site Plan 6/26/03 Title Data Title Date 2. Date Request Fled: 6/27/03 B. Determination Pursuant to the authority of M.G.L. c. 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): Construction of an addition to an existing single family home located in the buffer zone to bordering vegetated wetland. Project Location: 130 Laconia Circle North Andover Street Address Cityy/rmn 105D 160 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.1215M Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 'f 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)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. ❑ 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 atter 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 firing of a Notice of Intent, ❑ 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 Ua#ion wpaform2.doc-rev.12FI5100 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau 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 ordinal 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 malt or hard 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 worts 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. wpaform2.doc-rev.12f15/00 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable swk;atory/rgpdakxy p vAsiom) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordnance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are vale 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, or regulations. This Determination must be signed by a ajority of the Conservation Commissi . copy must be sent to the appropriate DEP Regional Office,( Appendix A)and the property er(if different from the applicant). ❑❑Signatures: r � � Date wpaform2.doc•rev.12K5100 Page 4 of 5 Negative Determination of Applicability Conditions Issued 7/10/03 130 Laconia Circle 1. Prior to construction, erosion controls must be installed in the locations displayed on the Site Plan dated 6/26/03. 2. Prior to construction, all leaf and grass clippings in the vicinity of wetland flag A-10 must be removed outside the 25' No-Disturbance Zone. 3. Wetland markers must:be placed every 25' along the 25 foot No- Disturbance Zone. Markers are available for sale at the Conservation Department. 4. Prior to construction, the Conservation Department must be notified to schedule a pre-construction inspection of the conditions outlined above. 5. Upon completion of the addition, an As-Built plan must be submitted to the Conservation Department for review and approval. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands i WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner,any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see Appendix A)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 Appendix E: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.030 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. wpaform2.doc•rev.12/15/00 Page 5 of 5 4IM-01-1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ' WPA Appendix A DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Mail transmittal forms and DEP payments,payable to. Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Mortice Pittsfield Tyringham 436 Dwight Street Agawam ConwayHancock Montague Plainfield Wales AlfHatfield Monter" Richmond Ware Suite 402 Amherst Dattomm�nn Hawley AAatgonrreny Rowe k Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413 7841100 Becket Easthampton Hinsdale- Mount Washington, sandmfield Wender Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesbororgh North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whatety Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick VVMknisburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sundtiriand Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Mwbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Miliville Shirley Warren Worcester,MA 01605 AtholDud"D�" Holliston udson Northboiow wgh Shrews" Webster Westborough Phone: -792- 621 AuburEast n Brookfield Leicester �� spencer �Brookfield FaX:508 792-7621 Barre Fitchburg Leominster Ockham Starting Westford TDD:508-767-Z788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phtllipston Townsend Boylston Holden Mendon Princeton Tynngsbomugh Brookfield Hopedale Milford Royaiston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoiseft Provincetown Tisbury 20 Riverside Dove Acushnet Dermis Gay Heed Middleborough Raynham Truro Attleboro Dighton Rehoboth Lakeville,MA 02347 Avon HadG � Roc Weld Phone:5011-946-2700 Barnstable Eastharn Hanover North r Westport Atlteborougtn WestBridgewater Berkley East Fax:508-947-6557 BourneWhitman Easkin Harwich Norwell Scituate �nTDD:508-946-2795 Brewster F Kingston o Seekonk Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfredd Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mas4ee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dove Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowen Needham Salisbury West Newbury Boston Essar Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Makten Newton somervft Weymouth Brookline Georgetown Air-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield Nath Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc•Appendix A•rev.11/22/00 Page iof 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(i€applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant (as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town Staff Zip Code Phone Number Fax Number(if appkable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Comrrror► �of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc-Appendix E•rev.2100 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Appendix E•rev.2/00 Page 2 of 2