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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
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 Kristin Skelley
return key. Name Name
55 Beaver Brook Road
i6 Mailing Address Mailing Address
North Andover MA. 01845
City/Town State Zip Code City/Town State Zip Code
JeMn
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
RDA 3/9/06
Title Date
Site Plan _ 3/9/06
Title Date
Title
Efate
2. Date Request Filed:
3/9/06
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 a retaining wall the conversion of a rip-rap slope to a lawn area associated
grading activities within the Buffer Zone to a Bordering Vegetated Wetland and within Riverfront
Area to Boston Brook.
Project Location:
55 Beaver Brook Road North Andover
Street Address City/Town
Map 1066 Parcel 237
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.3/1/05
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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).
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.
❑ 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.
❑ 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 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
'paform2.doc•rev,'311!05
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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
in
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).
❑ 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.
I
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Fo-wit of Not,th Aadover
Office oaf the Conservation Depart"Iel't
Commul-lity Development and Services Division
400 Oc�,'o0d SLroel CHU
North Andovoi-,
Coiist,rvotiotl Conwiis,.,jon T(4("pllolle (97/8) 68SA510
F,IX (4);8) 688-9542
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
55 Beaver Brook Road,North Andover
At the March 22,2006 Conservation Commission public hearing the North Andover Conservation
Commission(NACC) voted to issue a Negative 5 Determination of Applicability (5-2 vote)to construct a
retaining wall for the conversion of an existing rip-rap slope to a lawn area and associated grading
activities within the buffer zone to a BVW and within Riverfront area of Boston Brook at the above
referenced property.
Record Documents: Request for Determination of Applicability entitled"Request for
Determination of Applicability for 55 Beaver Brook Road, prepared by
Hancock Associates, originally received March 3, 2006, revised March 9, 2006;
Construction sequencing letter prepared by Hancock Associates dated March
24, 2006;
Site plan entitled, "Site plan", prepared by Hancock Associates, 185 Centre
Street, Danvers, MA 01923 dated 2/23/06 revised 3/9/06. Plans stamped&
signed by Vaclav V. Talacko.
Pre-Construction
4- Erosion controls,consisting of h ybales backed by trenched silt fence,shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed and placed as
shown on the plans approved and referenced herein and shall be inspected and approved by the
been
NACC prior to the start of construction and shall remain intact until all disturbed areas have be
im. ti ecti
permanently stabilized to prevent erosion. All erosion prevention and sedimentation on prot on
measures found necessary during construction shall be implemented in accordance with the approved
plans and procedures. The Conservation Department reserves the right to impose additional erosion
control measures on portions of this project to mitigate any impacts which could result from site
erosion, or any noticeable degradation of surface water quality discharging from the site. In addition,
the applicant shall wrap the erosion controls upgradient along both property edges.
Immediately following completion of the above-mentioned items, the applicant shall contact the
Conservation Department to schedule an on-site pre-construction meeting. The applicant and
contractor must be present at this meeting. This Determination shall be included in all construction
contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and conditions.
A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.48
hours).
15
"x-9�4 1 If 01N6
During Construction
❖ The applicant shall be responsible for ensuring that the specifications, procedures, protection measures,
and construction sequence as outlined in the approved plans and documents are fully adhered to. In
addition, the applicant shall hire a Professional Wetland Scientist as the project's "Environmental
Monitor" (EM) to oversee construction, regular inspections, and advise on any emergency placement
or replacement of erosion and sedimentation control devices. This professional must submit a letter
on company letterhead stating they have been retained as the project's Environmental Monitor.
Further,on every Monday of each week, or otherwise arranged by the Conservation Department, in
which the ground remains unstable, it is the applicant's responsibility that the Environmental
Monitor(EM) monitor the site and submit written reports to the NACC.The monitor must visually
inspect all sedimentation / erosion control measures and assume responsibility for their maintenance
and that they are functioning as intended. In addition, all wetland resource areas must be visually
inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include
current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair
and / or replacement; and describe any erosion or sedimentation problems and mitigation measures
implemented.
Post Construction
4- Immediately following completion of the work, any disturbed areas shall be permanently stabilized
against erosion. Once the site is adequately stabilized, the Conservation Department shall be contacted
to conduct a final site inspection.
❖ Also upon completion of construction activities, the applicant shall submit an As-Built plan to the
Conservation Department.
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, noQNo/tice of Intent is required:
Cd 1 �VI�u �ii' � � f �G� � .� �'�X) J"
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 Wetland 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 `, oy certified mail, return receipt requested on
Li
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 Attachment) and the property owner(if different from the
applicant). -•
Signatures:.,
t
Date i i
wpaform2.doc•iev.311105 Page 4d 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
I
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 Attachment)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.
I
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wpufonn2.doc•rev.3/1/05
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
I �
Act M.G.L. c. 131, §40
Massachusetts Wetlands Protection '
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
Monroe Pillsfield Tynngham
Adams Colrain Hampden Plainfield Wales
DEP Western Region Conway Hancock Montague vVare
Agawam Hatfield Monterey Richmond
436 Dwight Street Alford CDuamomington Hawley Montgomery Rowe Warwick
Suite 402 Amherst Monson Russell Washington
Ashfield Deerfield Heath Wendell
Easthampton Mount Washington Sandisfield We
Springfield,MA 01103 Becket Hinsdale New Ashford Savoy
Phone:413-784-1100 Belchertown East Longmeadow Holland New Marlborough Sheffield Westhampton
Egremoni Holyoke Shelburne West Springfield
Fax:413-784-1149 Bernardston Erving Huntington New Salem West Stockbridge
Blandford Lanesborough North Adams Shutesbury Whatol
Florida Southam ton y
Brimfield Northampton p
,ill Lee South Hadley Wilbraham
Buckland Goshen Lenox Northfield
Charlemont Orange Southwick Williamsburg
Cheshire Granby Leverett g Springfield Williamstown
Granville Leyden Otis Windsor
Chester Palmer Stockbridge
Chesterfield Great Barrington Longmeadow Pelham Sunderland Worthington
Greenfield Ludlow Tolland
Chicopee Middlefield Peru
Clarksburg Hadley
Millbury Rutland Uxbridge
Acton Charlton Hopkinton Shirleyarren
DEP Central Region Clinton Hubbardston Millville y Vvehster
Ashburnham New Braintree Shrewsbury
Hudson
627 Main Street Ashby Douglas Northborough Southborough Westborough
Dudley Holliston Southbridge West Boylston
Worcester,MA 01608 Athol Dunstable Lancaster Northbridge West Brookfield
Auburn North Brookfield Spencer
Phone:508-792-7650 Ayer East Brookfield Leicester Oakham Sterling Westford
Fax:508-792-7621 Barre Fitchburg Leominster Stow Westminster
Gardner Littleton Oxford Winchendon
TDD:508-767-2788 Berlin Lunenburg Paxton Sturbridge
Grafton Pepperell Sutton Worcester
Berlin Pepp
Groton Marlborough Templeton
Blackstone Maynard Pelershem
Bolton Harvard y Townsend
Hardwick Medway Phlllipston
Boxborough Meriden Princeton Tyngsborough
Boylston Holden Ro alston Upton
Brookfield Hopedale Milford y
Malta oiselt Provincetown Tisbury
Abington Dartmouth Frentown p Ra Wham Truro
DEP Southeast Region Dennis Gay Head Middleborough y Wareham
Acushnet Gosnold Nantucket Rehoboth
20 Riverside Drive Attleboro Dighton New Bedford Rochester West Bridgewater
Duxbury Halifax West Bridgewater
Lakeville,MA 02347 Avon Eastham Hanover North Attleborough Rockland Westport
Phone: 508-946-2700 Barnstable Norton
Sandwich
Berkley East Bridgewater Hanson Norwell Scituate WestTisbury
Fax: 508-947-6557 Bourne Easton Harwich Seekonk Whitman
Kingston Oak Bluffs Wrentham
TDD: 508-946-2795 Brewster Edgartown Lakeville Orleans Sharon
Bridgewater Fairhaven
Brockton Fall River Pembroke Somerset Yarmouth
Mansfield
Plainville Stoughton
Carver Falmouth Marion pl mouth Swansea
Chatham Foxborough Marshfield Plyton Taunton
Chilmark Franklin Mashpee ym p
Merrimac Quincy Wakefield
Amesbury Chelmsford Hingham Randolph Walpole
DEP Northeast Region Chelsea Holbrook Methuen g Waltham
Andover Hull Middleton Reading
1 Winter Street Arlington Cohasset Millis Revere Watertown
Concord Ipswich Wayland
Boston,MA 02108 Ashland Danvers Lawrence Milton Rockport Wellesley
Phone:617-654-6500 Bedford Dedham Lexington Nahant Rowley VVenham
Belmont Lincoln Natick Salem
Fax: 617-556-1049 Beverly Dover Needham Salisbury West Newbury
Dracut Lowell Weston
TDD:617-574-6868 Billerica Lyrr. Nowbury Saugus
Roston E,sex Newbur ort Sherborn `Nestwcod
Boxford Everett Lynnfield YP Somerville VVeymeuth
Framingham Malden Newlon Wilmington
Braintree Pdancbaster-Hy-Thi=Sea Norfolk Stoneham
i3ror-•k.hn<, �eorgetcwn tiudbuu Winchester
Marblehead North An Y 7h!dhro,
Burlington Gloucester North Ffeadir,g S•n,ampscott l
C:rove•Iond Medfield Towksbury 'dVoburn
Cambridge Nrnwood
Hamilton rnrdrerd To,s field
C.mt°^ p.4elrese Pr,nbcdy r•-f
C.vli:.lc H:rv�rhill
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7Jpafor1112.doc•DEP Addresses•rev.1016/04
�- Massachusetts Department of Environmental Protection
i Bureau of Resource Protection -Wetlands
I'
,1 Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
i
A. Request Information
Important: 1 person or party making request(if appropriate, name the citizen group's representative):
When filling out
forms on the ---
computer, use Name
only the tab
key to move Mailing Address
your cursor-
do not use the State Zip Code
return key. City/Town
Fax Number(if applicable)
1rib Phone Number
Project Location
LA
Mailing Address
State Zip Code
City/Town
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
Address
Mailing,,,,,,ress
State Zip Code
City/Town
Fax Number(if applicable)
Phone Number
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
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
•mF;;rorm2 doc Request for L'epartmental Action Fee Transmittal r orm•:ev. 1016104
Massachusetts Department of Environmental Protection
I
�,- Bureau of Resource Protection - Wetlands ;
I
or Departmental Action Fee Transmittal Form Requestf p
l\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. Ona separate sheet which is being appealed. To theand concisely the objecextte t that the Determ tnationions oorthe
Determination or Orderer 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
Attachment A).
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.
Face 2:f'2,
wpaform2.Coc•Request for De.parlmeMal Action Fee Transmittal Form•rev.1016/04