Loading...
HomeMy WebLinkAboutMiscellaneous - 29 GRANVILLE LANE 4/30/2018 (4)SO Z - \Q CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 29 Granville, North Andover At the July 22, 2015 public hearing, the North Andover Conservation Cointmission (NACC) voted to issue a Negative Determination of Applicability to pump, crush and backfill an existing septic tank, and install a new 1,500 gallon septic tank and associated piping within the Buffer Zone to Bordering Vegetated Wedand (BVW). Work also includes grading and the ability to relocate electrical service (if more than 80' from BVW). All disturbed areas will be loamed and seeded upon completion of the project. In addition, the applicant will remove a yatd waste stockpile to an approved off-site location (i.e. Cyt Recycling Center) and allow the area to return to a natural state (seeding with a wedand seed mix also allowed). Wetland markets will be installed at the 25 -foot No -Disturbance Zone or the existing tree line between wetland flags Al and Al2. The project will conform to the following: Applicant: Robert Lanigan 29 Granville Lane North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, received: July 10, 2015 Record Plan: Sanitary Disposal System Repair Plan Prepared by: The Mormi-Cameron Group, Inc. 447 Boston Street Topsfield, Mass. 01983 Date: July 10, 2015 Stamped by: Scott P., Cameron, P.E. SPECIAL CONDITIONS: 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the Determi'nation and is aware of the wetlandtesource area and the limits of the proposed work. 1600 Osgood Street, Suite 2035, North Andover, 26ssachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA—Conservation/index 2. Prior to the start of construction, the contractor will install erosion controls as shown on the herein referenced plans between the proposed work and wetland resource areas. Erosion control will be a minimum 12" silt sock made of natural fibers (no plastic netting). Once erosion controls are installed, the contractor wiU contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 4. Accepted engineering and construction standards and procedures shall be followed *in the completion of the project. Excavated soils shall be properly disposed of offsite and shall not be stockpiled within 100' of the resource area. 6. Wetland markers will be placed on existing vegetation or 4" x 4" x 6-7' pressure treated posts at 30' intervals (approximately 3 markers — 2 round and 1 square). Markers are available from the Conservation Department ($2 round/$3 square). 7. Once construction is completed, all disturbed areas will be loamed and seeded. 8. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed), please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA—Conservation/index 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 Important: When filling out forms on the computer use only the tLib key to move your cursor - do not use the return key. A. General Information From: -North Andover Conservation Commission To: Applicant -Robert Lanigan Name 29 Granville Lane Mailing Address North Andover MA City/Town State Property Owner (if different from applicant): Name Mailing Address 01845 Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Santary Disposal System Repair Plan July 10, 2015 Title Date Title Title 2. Date Request Filed: Julv 10, 2015 B. Determination Date Date 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): Replacement of a septic tank, piping, with associated grading within the Buffer Zone to Bordering Vegetated Wetland (BVW). The relocation of electric service is also approved more than 80'from the edae of BVW. Project Location: 29 Granville Lane Street Address 106C Assessors Map/Plat Number North Andover City/Town Parcel 50 Parcel/Lot Number wpaform2.doc - Determination of Applicability - rev. 12/14 Page 1 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.) The following Determination (s) is/are 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). F 1. The area described on the referenced plan(s) 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. Z 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. 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans , attached to this Determination or to the Request for Determination. F] 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 r quires the filing of a .e Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). El 5. The area and/or work described on referenced plan(s) and document(s) 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. 12/14 Page 2 of 5 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.) El 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): F-1 Alternatives limited to the lot on which the project is located. F1 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. El 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. EJ 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. F] 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. EA 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 F-1 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. 12/14 Page 3 of 5 Ll'Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G. L. c. 13 1, §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) M 6. The area and/or work described in the Request is not subject to review and approval by: North Andover Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Name C. Authorization This Determination is issued to the applicant and delivered as follows: FI by hand delivery on Date Chapter 178 Ordinance or Bylaw Citation by certified mail, return receipt requested on 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 citV- r-town.htmi) and the property owner (if different from tIJP applica .qinn,qtijrp.c;- V / r'U11-5 Date El wpaform2.doc - Determination of Applicability - rev. 12/14 Page 4 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G. L. c. 13 1, §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 hftp://www.mass.gov/eea/agencies/massdep/abouttcontacts/find-the- massdep-regional-office-for-your-city-or-town.html) 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 CIVIR 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.doc - Determination of Applicability - rev. 12/14 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 1. Location of Project a. Street Address b. City/Town, Zip c. Check number d. Fee amount Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. DEP File Number: Provided by DEP 2. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number State Fax Number (if applicable) I-1p,_Uut, 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address City/Town Phone Number 4. DEP File Number: B. Instructions State Fax Number (if applicable) Zip Code 1. When the Departmental action request is for (check one): Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) Superseding Determination of Applicability — Fee: $120 El Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, 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. 12/15 Page 1 of 2 Massachusetts Denartment of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Reauest for Deoartmental Action Fee Provided by DEP I ransmittal orm 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/). 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. wpaform2.doc - Request for Departmental Action Fee Transmittal Form - rev. 12/15 Page 2 of 2