HomeMy WebLinkAboutMiscellaneous - 113 ANDOVER STREET 4/30/2018 A7d-eV 2
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
0 Stevens Street, Trustees of Reservations, North Andover
At the December 11,2013 public hearing,the North Andover Conservation Commission (NACC) voted
to issue a Negative Determination of Applicability for the construction of a 24-foot long 6-foot wide truss
bridge over an intermittent stream and associated Bordering Vegetated Wetland (BVW).Minor clearing
above the bank will be require,-
]-Owner/Applicant: The Trustees of Reservations
113 Andover Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability including Stevens Conservation
Restriction Land Truss Bridge Proposal and Truss Trail Bridge Notes
Submitted: November 26, 2013
Plans Titled: Exhibit A:Trail Easement;Aerial Photo: Stevens
Conservation Restriction Land;USGS Map;NHESP Map
Photos 1-4
Truss Trail Bridge Detail (2 sheets)prepared by W. Sousa (11/24/2013)
Prior to Construction:
❖ The applicant will prepare and submit a trail management plan for the area including any proposed
signage.
The applicant shall notify the Conservation Department of the start of work and arrange a
preconstruction meeting.Vegetation to be removed will be flagged in the field.
During Construction
All work shall be conducted using hand tools and equipment.
1600 g
Osgood Street,Building 20,Suite 2-36 North Andover Massachusetts 01845
g
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townof iorthandover.com/Pages/NAndoverA4A_Conservation/index
Access for proposed construction shall be over the existing trail casement. Materials shall be carried
into construction locations by hand per the proposal referenced herein.
❖ Proper construction practices shall be utilized and the bridge constructed as described in the
referenced truss bridge details.
4- Limited cutting of vegetation is permitted.All cut vegetation shall be dispersed off the proposed trail
outside of resource areas or properly disposed of off-site.
`:` Excess material and construction debris shall be properly disposed of off-site.
Post Construction
❖ Immediately following completion of the work,any disturbed areas shall be permanently stabilized
against erosion.
Upon completion of all requirements, the Conservation Department shall be contacted to conduct a
final site inspection.
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1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://ww-,v.townofnorthandovcr.com/Pages/NAndoverilfA_Conservation/index
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LlMassachusetts 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
Important:
When filling out From:
forms on the North Andover
computer,use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Kevin Block, The Trustees of Reservation
return key. Name Name
113 Andover Street �
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
Arun
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Trustees Trial Bridge (Detail Plan) 11/24/2013
Title Date
Aerial Photograph-Stevens Conservation Restriction Land
Title Date
Exhibit A Trail Easement with Bridge Location March 8, 2012
Title Date
2. Date Request Filed:
11/26/13
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):
Construction of Broadwalk and trail within the Buffer Zone to Bordering Vegetated Wetland and
Intermittent Stream.
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Project Location:
0 Stevens Street North Andover
Street Address City/Town
Map 96 Parcel 5
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5
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L7Massachusetts 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
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B. Determination (cont.)
The following Determination(s) islare 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)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plans)is an area subject to protection under the Act.
Removing,filling, dredging,or altering of the area requires the filing 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.
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❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, i
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 or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s)and documents) 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•Determination of Applicability•rev.08113 Page 2 of 5
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ILIMassachusetts 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 Protection Act:
❑ 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).
See Attached
❑ 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-Determination of Applicability•rev.08113 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/regulatory 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.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
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(see
hftp://www.mass.gov/eeatagencies/massdeplabout/contacts/find-the-massdep-regional-office-for-your- f
city-or-town.html) and the property ow er(if different from the applicant).
Signatures:
C�
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a � �
Date
wpaform2.doc•Determination of Applicability•rev.08/13 Page 4 of 5
Massachusetts Department of Environmental Protection
L7�, IBureau 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, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office(see http://www.mass.gov/eeatagenciestmassder)/abouttcontacts/find-the-
massdep-regional-office-for-your-city-or-town.htm1)to issue a 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 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.doe•Determination of Applicability•rev.08/13 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
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):
forms on the
computer,use Name
only the tab
key to move
your cursor Mailing Address
do not use the
return key. City/Town State Zip Code
rQ Phone Number Fax Number(if applicable)
Project Location
Mailing Address
k
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($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability($120)
❑ Superseding Order of Resource Area Delineation ($120)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 1 of 2
LlMassachusetts Department of Environmental p to Protection
Bureau of Resource Protection - Wetlands
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
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-
your-city-or-town.htm1).
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.
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