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HomeMy WebLinkAboutMiscellaneous - 445 BOSTON STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wedands 445 Boston Street � 7/alb W A 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 "plan of Land" dated 4/21/00 CormMonCanmis w 1. Applicant Maureen Connelly We o(Pff=hWngRequett 445 Boston Street MaikgAdoYess North Andover 00TO- MA 01845 State zip Code 2. Property Owner Same as above Name ofRopeny0wrer(ddffff t#wapp#&W) Ma drgAddess atyffoMn Scare Zip Code Determination Pursuant to the authority of M.G.L.c.131,§40,the North Andover Cansmion carrrssian has considered your Request for a Determination of Applicability,with its supporting docxrnentation,and has made the following Determination regarding: 445 Boston Street SUWAdd w North Andover -01845 CiYTOW ItPCoaf! 107D 108 Lot B- AssessasMap✓Phrf Pswaorf r Massachusetts Department of Environmental Protection 445 Boston Street Bureau of Resource Protection- Wetlands WPA F rm 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont.) The following Determination(s)istare applicable to the ❑ 5.The area ardor work described on plan(s)and proposed site andtor 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 AWW OtMOK00 Protection Act may proceed until a final Order of Conditions pursuant to the foilowi wetlands law,bylaw,or ordinance (issued following submittal of a Notice of Intent or P n9 y Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the Chp. 178 of the Code of Department of Environmental Protection). ❑ 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 subs to protection under the Aux Therefore.any removing,filling,dredging,or altering of that area requires the Ming of a Notice of Intent. 0 6,The following area and/or work,if any,is subject to ❑ 2 The delineations of the boundariesofthe resource municipal bylaw but not subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Act: referenced above,which includes all or part of the area described in the Request are confirmed as accurate: ❑ 7.if a Notice of Intent is filed for the work in the Riverfrort Area described on plans and documents referenced above. Therefore,the resource area boundaries confirmed in this which includes all or part of the work described in the Determination are binding as to all decisions rendered west the applicant must consider the following pursuant to the Wetlands Protection Act and its regulations altenatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this Determina- 10.58(4)c,for more information about the scope of tion is valid.However,the boundaries of resource areas not altemaitive requirements) listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the prglect is tion,regardless of whether such boundaries are contained located. on the plans attached to this Determination or to the Request for Determination. ❑ Alternatives limited to the lot on which the project is ❑ 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or PY 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,ary adjacent alter that area.Therefore,said work requires the filing of a parcels,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 thenate" ion of the state. described in the Request,is within the Buffer Zone and will aPProP alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of lnterht n„,.,..h wi A Massachusetts Department of Environmental Protection 445 Boston 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 describedin 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 appy 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- marked ost 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 p g.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 fisted at the end of this document. North Andover ❑ 1.The area described in the Request is not an area subject amOfaeicplay 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 guider 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 *Applicant to X 3.The work described in the Request is within the Buffer schedule pre- Zone,as defined in the regulations,but will not alter an construction Area subject to protection under the Act.Therefore,said inspection with work does not require the filing of a Notice of Intent. Conservation Commission p r i o]p 4.The work described in the Request is not within an Area to construction. 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. Authorization This Determination must be signed by a 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: Dare EPI bytMM mad,r n trAjn ff on -C, _ V_A4 May 18, 2000 Dare 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): v This Determination does not relieve the applicant from complying with all other applicable federal,state,or local statutes,ordinances,bylaws,or regulations. H OLL4 1-7. ;R 000 Massachusetts DeparOwnt of Environmental Protection 445 Boston Street Bureau of Resource Protection- Wetlands WPA. Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 Appeals The applicant,owner,arty 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 fl...... A..f A Massachusetts Department of Environmental Protection 445 Boston Street Bureau of Resource Protection- Wetlands A 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 parry 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 MaiHngAd*w Citylfown titylfown Slate ZipCode State Zip Code Phone Number Phone Ntm W Fax Number(if applicaNe) Fax Ntmlbfr rif*#kable) Project Location: DEP File Number: SUMAddress 0VTown 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 iron 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 Commornvealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection orderwith the Request for a Superseding Determination or Box 4062 Order by certified mail or hand 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 applicarC if he/she is not the appellant.