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Massachusetts Department of Environmental Protection Amtrak Right of Way- ,
Bureau of Resource Protection- Wetlands g
WPA Form 2 - Determination of Applicability
1 F
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 DY�-h hnby'- AmbsK-
Corwvadon Commission
i. ApplicantKJAnt o� Gt
p
TEC Associates -t '
Name of Person Making Request
46 Sawyer Street
Mailing Address
South Portland, ME 04106
Ciry/fown
slope Tp Code
2. Property Owner:
Amtrak
Name ofPropenyOwrw(if diff&w from applicant)
32 Cobble Hill Road
M&fingAddress
Somerville, MA 02143
Ciry/fown
state Zip Code
Determination
Pursuant to the authority of M.G.L.c.131,§40,the
NORTH ANDOVER
Conservation Commission
has considered your Request for Determination of
Applicability,with its supporting documentation,and has
made the following Determination regarding:
Amtrak Right of Way
streetAddress
Cf TOW Zip Code
Assessors MapiPlat ParceAotdr
Massachusetts Department of Environmental Protection Amtrak Right of Way
Bureau of Resource Protection- Wetlands
WDS .". 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 andlorwork described on plan(s)and
proposed site and/or project relative to the Wetlandsdocument(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 Narm of Mumpal#
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 C. ap op 0 C,bd P
Department of Environmental Protection).
❑ 1.The area described on the plan(s)referenced above, �O �� A nd byez_
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
❑ 2.The 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 Ad:
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 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 alterative 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 plans attached to this Determination or to the
Request for Determination.
❑ Alteratives 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 Cl 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) El Alteratives extend to any sites which can reasonably
referenced above,which includes all or part of the work be obtained within the appropriate region of the state.
described in the Request, is within the Suffer Zone and will
alter an Area subject to protection under the Act.Therefore,
said work requires the filing of a Notice of Intent.
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Massachusetts Department of Environmental Protection Amtrak Right of Way
Bureau of Resource Protection- Wetlands .
W A Farm 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
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 =3 1 r M D•03 c bXio) owt
request within 35 days of the date the request is post- EnmptAaMty
marked for certified mail or hand delivered to the Depart- f D C m K I D.S Z). (��t 1�a)l
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.
NORTH ANDOVER
❑ 1.The area described in the Request is not an area subject Nameofauld0ky
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,fila, 64
dredge,or alter that area.Therefore,said work does not --T
require the filing of a Notice of Intent.
. 6 r-Ik A h d w�/<. -
❑ 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).
❑ by hand delivery on
Signatur .
Daze
Yff by a�tRUd mail, on
February 17, 2000
Date
This Determination is valid for three years from the date of ��Y�f�.Yi� a
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.
Date
Massachusetts Department of Environmental Protection Amtrak Right of way
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 certifiedmail 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 DepartnientofEnvironmenta/Protection Amtrak Right of way.
Bureau of Resource Protection- Wetlands
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
MaiGngAd&ess
CAYTown
GYty/Town
State Zrp Code
state Zip Code
Phan Number
Plan Number
fax Number(if applicable)
fax Number(Yapplxwe)
Project Location: DEP File Number:
SlreetAddress
C01Town
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 3 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.
310 CMR 10.99 JOYCE BRAn_ AW
TOWN CLE-�K
Form 2 NORTH ANGER
i �j � , DEP File Na.
.,,,, €") Jar
(To be provided by DEP)
Commonwealth GryiTown
North Andover
E .r r of Massachusetts
Applicant AMTRAK
;, ` Dare Request Filed Jan. 18, 1995
AMTRAK Right—of-Way
Determination of Applicability
Massachusetts Wetlands Protection Act; G.L. c. 131 , §40
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
Mr. Wayne Duffett, P.E. Amtrak National Railroad
To TEC Associates Consulting Engineers Passenger Corporation
(Name of person making requests (Name of property owner)
PO Box 2747 2000 Market Street
Address So. Portland ME 04106 Address Philadelphia PA 19103`
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
Xn� by certified mail, return receipt requested on February 3 1995 (date)
Pursuant to the authority of G.L.c. 131, §40,the North Andover Conservation Co�nmisGon
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination(check whichever is applicable):
Location: Street Address Amtrak Right-of-Way`in North Andover, MA
Lot Number:
1. ' The area described below, which includes all/part of the area described in your 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.
Verified Wetland Delineation
2. The work described below,which includes all/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area.There-
fore, said work requires the filing of a Notice of Intent.
Effective 11/10/89
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3. The work described below,which includes allipart of the work described in your request,is within
the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under
the Act.Therefore,said work requires the filing of a Notice of Intent_
This Determination is negative:
1. O The area described in your request is not an Area Subject to Protection Under the Act.
2, p The work described in your 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. 0 The work described in your 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. O The area described in your request is Subject to Protection Under the Act, but 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:
Issued by NORTH ANDOVER Conservation Commission
Signature{s)
Vv
This Determi ation must be signed by a majority of the Conservation Commission.
On this ` day ofLc;C�2 19 Q� before me
personally appeared George Reich to me known to be the
person described in,and who executed, the foregoing instrument, and acknowledged that he!she executed
t ame as hi er f ee act and deed.
9
t Public My commission expires
This Determination does not relieve the applicant from comolying with all other aoolicable federal.state or local statutes.ordinances.
by-laws or regulations.This Determination shall be valid for three years form the aate of Issuance
The applicant,the 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 riaht to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing the request Is made by certified mall or hand
delivery to the Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(71 within ten oays 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 the applicant.
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