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HomeMy WebLinkAboutMiscellaneous - 160 CHRISTIAN WAY 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 A. General Information tmportant: When filling out From: forms on the North Andover Conservation Commission computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant):your cursor- do not use the Marc D. Poirer return key. Name Name 160 Christian Way Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Notice of Intent Permit Plan 12/18/02 Title Date Request for Determination of Applicability January 2003 Title Date Title Date 2. Date Request Filed: 12/26/02 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): Proposed work includes the removal of an existing deck to be replaced with an enclosed sunroom in the same location with a four-foot expansion using the existing footings and two additional footings and the replacement of existing steps in the buffer zone of a bordering vegetated wetland Project Location: 160 Christian Way North Andover Street Address City/Town 104D 188 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12/15/00 Page 1 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.) 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(fling 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 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. ❑ 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-rev.12/15/00 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_ProtectionAct:_ ❑ 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). ❑ 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.12/15/00 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 statuatory/rogufatory provisions) ❑ 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 Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered a follows: ❑ by hand delivery on 7by certified mail, return receipt requested on Lag Date Date This Determination is valid for three years from the date of issuance(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, or regulations. This Determination must be signed by a majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office(se Appendix A) and the property owner(if different from the applicant). Signa t res* AFE r 1/8/03 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 NEGATIVE DETERMINATION OF APPLICABILITY 160 CHRISTIAN WAY SPECIAL CONDITIONS 1. Prior to construction,the applicant must contact the Conservation Department to arrange an on-site pre-construction meeting. 2. If the Conservation Department staff determines erosion controls are necessary during project construction, the applicant will be required to install the necessary erosion control measures. 3. Upon completion of activities, the applicant must prepare and submit a stamped as-built plan to the Conservation Department. 4. The wetland flag locations as shown on the approved plan have not been formally approved by the Conservation Commission. 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 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,Qr_anyten-residents_of_the_city or_town_in_whichsuch-land-is located, are hereby notified of their right to request the appropriate Department of Environmental _Protection Regional Office(see Appendix A)to issue 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 10.03(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. wpaform2.doc•rev.12/15/00 Page 5 of 5 LEIMassachusetts 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 eg Colrain Hampden Monroe Pittsfield 7yringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Suite 402 Dalton Hawley Ha Amherst altDa Monterey Richmond ware Springfield,MA 01103 Ashfield Deerfield Monsw ggo"iary R Warwick Phone:413-784-1100 Becket Easthampton Hinsdale ussell Washington Belchertown East Longmeadow holland Now Ashford Sandisfield Wendel Fax:413-784-1149 Bemardston Shay Westfield Blandford Egremont Holyoke New Marlborough Sheffield Westhampton Brimfield Enna Huntington New Salem Shelburne West Springfield Buckland Gill Lee Lanesborough North Adams Shutesbury West Stockbridge Chademont Goshen Leenox NorthamptoniSouthampton Whately Cheshire Granby Leverett South Hadley Wiliamsbu Chester Granville Le Orange Southwick Williamsburg Chesterfield Great Barrington L 1 Otis Springfield Williamstown Chico Longmeadow Palmer Stockbridge Windsor Pee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Milville Shirleyarren Ashby Douglas Hudson Y Worcester,MA 01605 Athol Nerthbor ugh Shrewsbury Webster Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston FaX 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield TDD:508-767 27$8 Barre Fitchburg Leominster Oakham Sterling Westford Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Blackstone Groton Lu Marlborough g Paxton Sturbridge Winchendon ester Bolton Harvard Marlborough Pepperell Sutton Worcester Boxborough Hardwick Maynard Petersham Templeton Boylston Hoiden Medway Philipston Townsend Mendon Brookfield Hopedale Milford Roy�toon Uptgorsborough DEP Southeast Region Abington Dartmouth Freetown g Acushnet Dennis Middleb seltrou ProvRaynharn Tisbury ruro 20 Riverside Drive Gay Middleborough Raynham Truro Lak@VIII@,MA 02347 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Avon Duxbury Halifax NewBedford Rochester Wetlleet Phone:508-946-2700 Barnstable Eastham Hanover North Atlaborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport TDD;508-946-2795 Bourne Easton Harwich Norwell Scituate WestTisbury Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth CarverFalmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee 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 Bedford Phone:978-661-7600 Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salsbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Carlisle Haverhill Melrose NorwoodTewksbury Topsfiedry Woburn Wpaform2.doc.Appendix A•rev.11/22/00 Page 1 of 1 ILI 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): formsonthe computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. C! 'own State Zip Code Phone Number Fax Number(if applicable) IL 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 State Zip Code Phone Number Fax Number(if applicable) 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 Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2/00 Pagel of 2 LlMassachusetts 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.2100 Page 2 of 2