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HomeMy WebLinkAboutMiscellaneous - 55 BEAVER BROOK ROAD 4/30/2018 (3) � � 1 � rx{" Z3 �yY, "� T f 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 F'.9ge 1 of 5 t � 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 Pnne 2 cf 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 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 ,vpaforn12.doc•rev 311/05 Page 3 d 5 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 Page 5 of 5 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 Page lof 1 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