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HomeMy WebLinkAboutMiscellaneous - 185 HICKORY HILL ROAD y Massachusetts Department of Environmental Protection Barker Street Bureau of Resource Protection- Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 General Information From: 3. Title and Final Revision Date of Plans and Other Documents: North Andover F kk) aAJ� ltd Common -e K� 2jo t 21000 . \1 1. Applicant: Tara Leigh Development, LLC a 2-006. Name of%wn Malting Request 185 Hickory Hill Road MaffingAddress North Andover Citylfow MA 01845 state Zip Code 2. Property Owner: Tara Leigh Development, LLC Name ofPmpeny0wner(if diff mfromapplicant) 185 Hickory Hill Road MaifingAddms North Andover C41TO n MA 01845 state Zip Code c Determination Pursuant to the authority of M.G.L.c.131,§40,the North Andover coruava=CotmnrMM has considered your Request for a Determination of Applicability,with its supporting documentation,and has made the following Determination regarding: 185 Hickory Hill Road SMAddmss North Andover 01845 WOW Zip code ASsesMmwRati ParMAO(l n w 1 ni A Massachusetts Department of Environmental Protection Barker Street Bureau of Resource Protection- Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Determination (cont.) The following Determination(s)is/are applicable to the ❑ 5.The area andfor work described on plan(s)and proposed site and/or project relative to the Wetlands document(s)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request, is subject to review and approval by Positive Determination North Andover Note:No work within the jurisdiction of the Wetlands � , Protection Act may proceed until a final Order of Conditions am mxrjosy (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the Department of Environmental Protection). Chp. 178 of the Code of ❑ 1.The area described on the plan(s)referenced above, North Andover which includes all or part of the area described in the Request,is an area subject to protection under the Act. Therefore,any removing,filling,dredging,or altering of that area requires the filing of a Notice of Intent. 6.The following area and/or work,if any,is subject to municipal bylaw but riot subject to the Massachusetts 2 The delineations of the boundaries of the resource Wetlands Protection Act; areas listed directly below,described on the plan(s) t referenced above,which includes all or part of the area ,jefla,A S edea✓ I5A b ov A EA + described in the Request,are confirmed as accurate: p, Ori PIGwS a -VJ4eJ'&5I1e l¢u1 A 11 ' r-J `A �©_�-J�;t;�1��t` 1 �1 � 'nT�rrlcA (ZEV TI-31100 "'us tr_ 5130100 R FV S/3 r�60• ❑ 7.If a Notice of Intent is filed for the work in the Riverfiont T— Area described on plans and documents referenced above, Therefore,the resource area boundaries confirmed in this which eludes all or part of the work described in the Request the applicant must consider the following Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Ad and its regulationsalternatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this Determina 10.58ative for more information about the scope of tion is valid.However,the boundaries of resource areas not alternative requirements) listed directly above are not confirmed by this Determine- p Alternatives limited to the lot on which the project is tion,regardless of whether such boundaries are contained meted on the plans attached to this Determination or to the Request for Determination. ❑ Alternatives limned to the lot on which the project is ❑ 3.The work described on plan(s)and document(s) located,the subdivded lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request,is within an area subject to ❑ Alternatives limited to the original parcel on which the protection under the Act and will remove,fill,dredge,or project is located,the subdivided parcels,any adjacent alter that area.Therefore,said work requires the filing of a pads,and any other land which can reasonably be Notice of Intent. obtained within the municipality. ❑ 4.The work described on plan(s)and document(s) ❑ Alternatives extend to any sites which can reasonably referenced above,which includes all or part of the work be obtained within thero riate ion of the state. described in the Request, is within the Buffer Zone and will aPp p alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. Massachusetts Department of Environmental Protection Barker Street Bureau of Resource Protection- Wetlands WPA Form 2 -Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont.) Negative Determination ❑ 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the is required by the applicant.However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required: ing 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- ExaWAmy marked for certified mail or hand delivered to the Depart- ment.Work may then proceed at the owner's risk only upon notice to the Department and to the conservation ❑ 6.The area and/or work described in the Request is not commission.Requirements for requests for Superseding subject to review and approval by Determinations are listed at the and of this document. North Andover ❑ 1.The area described in the Request is not an area subject NameofWmdpaVuy to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw, ❑ 2.The work described in the Request is within an area (name and citation of bylaw). subject to protection under the Act,but will not remove,fill, Chp. 178 of the Code of dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent. North Andover ❑ 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. ❑ 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. Authorkation This Determination must be signed by majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as follows: regional office(see appendix A)and the property owner(if different from the applicant). / ❑ by hand delivery on Signatures: Dace lk by&tsi mail, on , July 6 , 2000 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. aova 1'1......-3_fA Massacbmwas Department of Environnnental Protection Barker Street Bureau of Resource Protection- Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Appeals The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at tion,any owner of land abutting the land upon which the the same time be sent by certified mail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not town in which such land is located,are hereby notified of their the appellant.The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E:Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of nn.... A .t A rL.. ,nines Massachusetts Department of Environmental Protection Barker Street 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 Please type or print clearly all Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address MaiffngAddmss WOW Ciry/foxn State Zrp Code State Zip Code PhoneNnmder Phone Nrember Fax Nmnber(if applicable) FaKAbnber(if ao ) Project Location: DEP File Number: 5UWAddmEss C0T0VV" Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to:- 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order wwkh ft Request for Superseding Determination or Box 4062 Order by certified mail or hard delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. 1 n......, �,