HomeMy WebLinkAboutMiscellaneous - 263 JOHNSON STREET Massachusetts Department of Environmental Protection 263 & 265 Johnson Street
Bureau of Resource Protection- Wetlands w p ,
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 137, X40
`
General Information
From: 3. Title and Final Revision Date of Plans and Other Documents:
NORTH ANDOVER — Q a d c '� O� D-� ��U S U(P�Ot-C
ConservadonCommission —`J—_,
))
1. Applicant p
Mary Ann MorinQ ��a�
Mance of Person Making Request
255 Johnson Street
Mailing Address
North Andover, MA 01845
CiVTown
State Zip Code
2. Property Owner:
Same
Name ofPropenyOwner(if different from applicant)
Mailing Address
City/Town
State Zip Code
c Determination
Pursuant to the authority of M.G.L.c.131,§40,the
NORTH ANDOVER
Consavation Commission
has considered your Request for a Determination of
Applicability,with its supporting documentation,and has
made the following Determination regarding:
263 & 265 Johnson Street
SAVAddress
North Andover, MA 01845
City/Town Zip Code
97 25
Assessors Mapfttl Paro kOf I
..r A
Massachusetts Department of Environmental Protection 263 & 265 Johnson Street '
Bureau of Resource Protection- Wetlands
W.D.A. Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
Determination (cont.)
The following Determination(s)is/are applicable to the ❑ 5.The area and/or 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 Nameoff&nvpaiAy
Protection Act may proceed until a final Order of Conditions
(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).
❑ 1.The area described on the plan(s)referenced above,
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. El6.The following area and/or work,if any,is subject to
AThe delineations of the boundaries of the 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:
# t - on P
❑ 7.If a Notice of Intent is filed for the work in the Riverfront
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 Request,the applicant must consider the following
pursuant to the Wetlands Protection Act and its regulations alternatives(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 alternative requirements)
listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the project is
tion,regardless of whether such boundaries are contained located.
on the pians 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 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 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)
referenced above,which includes all or part of the work ❑ Alternatives extend to any sites which can reasonably
be obtained within the appropriate region of the state.
described in the Request,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.
n.... inlnn n......1..F A
Massachusetts Department of Environmental Protection 263 & 265 Johnson'<S t r e e t
Bureau of Resource Protection- Wetlands
MIR Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
0 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- fxemptAaMy
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 end of this document.
❑ 1.The area described in the Request is not an area subject NalmofAft*jparity
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,
dredge,or after 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.
❑ 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.
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).
[I by hand delivery on
Signatures:
Date
r by]MM mail,r�ffFR# #q&dtM on
December 2, 1999
Date l/
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 o
complying with all other applicable federal,state,or local
statutes,ordinances,bylaws,or regulations.
�,�� Date
Massachusetts Department of Environmental Protection 263 & 265 Johnson S t re e t
Bureau of Resource Protection- Wetlands
WDA 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
n...... A..G A
Massachusetts Department of Endironmentai Protection
Bureau of Resource Protection— Wetlands 263 & 265 Johnson Street
WPA Appendix E Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
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
MailingAddress
04VTown
ciry/rown
State zip Code
State Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
Street Address
City/Town
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 with 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 applicant,if he/she is not the appellant.
K t Town of North Andover 4 NORTH ,
OFFICE OF °
COMMUNITY DEVELOPMENT AND SERVIR CEiVED o A
BRADS
27 Charles Street TOWN CLER • _ '
NORTH ANDOV
North Andover, Massachusetts 01845 °^,••° {y
WILLIAM J. SCOTT 'S-SA 9SSA USES
Director 19'n 19p DEC IS P 4: 21
(978)688-9531 NOTICE OF DECISION Fax(978)688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the Office of the Town
Clerk.
Date D=gm be- JL4 . ICIQCY
Date of Hearing n cam., bEr -7.019cf-C, _
Petition of Mar A n r) I-A b r i n_
Premises affected Z(o 3 l 2L5_'-2 h=ne-f-
Referring to the abovepetition for a special permit from the requirements of the
OC'h1 Ant1Q,Vcr Zpni nrl �lv1 ��'<-�IAYL �h
so as to allow +he- reoa i t � an e)15+i n r <, ,�ti G 5u�fier>Z
La'h i n ' J c
After a public hearing given on the above date, the Planning Board voted
to A\?p?,O\( the
based upon the following conditions:
Signed
CC: Director of Public Works Alison Lescarbeau,Chairman
Building Inspector
Natural Resource/Land Use Planner John Simons,Vice Chairman
Health Sanitarian
Assessors Alberto Angles,Clerk
Police Chief
Fire Chief Richard Nardella
Applicant
Engineer Richard S.Rowen
Towns Outside Consultant
File William Cunningham
Interested Parties
Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
263/265 Johnson Street
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Mary Ann Morin ,
255 Johnson Street, North Andover, MA 01845, dated November 7, 1999, requesting a Special
Permit under Section 4.136 of the Zoning by-law to allow surface and sub-surface discharge of
storm water within the Non-Disturbance Zone of the Watershed Protection District in conjunction
with the repair of an existing septic system.
FINDINGS OF FACT:
In accordance with 4.136(4)the Planning Board makes the finding that the intent of the Bylaw, as
well as its specific criteria,are met. Specifically the Planning Board finds:
1) That as a result of the proposed construction in conjunction with other uses nearby, there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases its findings on the following facts:
a) The septic system already exists on this property and the application is merely for a repair to
such;
b) No soil or material excavated from the limits of the existing system shall be stockpiled on
site.
c) No gent pipes will be utilized in conjunction with this proposal.
2) That there is no reasonable alternative location outside the Non-Disturbance Zone for any
discharge, structure or activity, associated with the proposed project as the access to the lot is
located within the Non-Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes
the following findings:
A. The specific site is an appropriate location for the proposed use as all feasible storm waxer and
erosion controls have been placed on the site;
B. The use will not adversely affect the neighborhood as the lot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
D. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
E. The Planning Board also makes a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw.
1
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information
is included as part of this decision:
a) Plan titled: Plan of Upgrade Subsurface Sewage Disposal Systtem Prepared for Mary
Ann Morin,255 Johnson Street
Location: 263/265 Johnson Street,North Andover,MA
Owned by: Mary Ann Morin
Scale: 119=20'
Date: 7/22/99
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
2) Prior to any work on site:
a) A performance guarantee of two hundred fifty ($250) dollars in the form of a check made
out to the Town of North Andover must be posted to insure that construction will take place
in accordance with the plans and the conditions of this decision and to ensure that the as-
built plans will be submitted.
b) Erosion control measures as required must be in place and reviewed by the Town Planner.
Haybales shall be inspected and maintained until all exposed areas are stabilized with
sufficient vegetation
c) The site shall have received all necessary permits and approvals from the North Andover
Conservation Commission,Board of Health,and the Department of Public Works and be in
compliance with the above permits and approvals.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan that shows all construction, including sewer
lines, storm water mitigation trenches and other pertinent site features as shown on the
approved plan. This as-built plan shall be submitted to the Town Planner for approval. The
applicant must submit a certification from the design engineer that the site was constructed
2
as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
than as proposed on the plan referenced in Condition# 1.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date
111412COI on which the Special Permit was granted unless substantial use or construction has
coi6minced.
cc. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
263/265 Johnson Street
3