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NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
565 Osgood Street, North Aridover
At the November 5, 2014 public hearing,the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for drainage improvements and minor grading as shown
on the herein referenced plans within the Buffer Zone to Bordering Vegetated Wetland and Bank of an
Intermittent Stream. The proposed improvements include the installation of a catch basin with an outflow
pipe and grading within the schoolyard as well as maintenance work within an existing drainage swale. The
project will conform to the following:
Applicant: Downer Brothers Landscaping, Inc.
334 Clark Street
North Andover,NIA 01845
Owner: Family Cooperative Preschool, Inc.
565 Osgood Street (a.k.a. 48 Carolina Way
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials,submitted: October 24,2014
Portion of Plan for Edgewood showing area of the Preschool with hand
edits done by Chris Downer, submitted: October 24, 2014
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
small project permit and is aware of the wetland resource area and the limits of the proposed work.
The proposed catch basin will be installed outside of the 25-foot No-Disturbance Zone.
2. Prior to the start of construction, the contractor will install erosion controls as approved by the
Conservation Department between the proposed work and wetland resource areas.
3. Once erosion controls are installed,the contractor will 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. .
5. Excess soils or other material shall be properly disposed of offsite and shall not be stockpiled widlin
50' of the resource area.
6. Once construction is completed, all disturbed areas will be loamed and seeded.
7. 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.
Massachusetts Deparbnent,of Ennfironmental Protection
Bureau of Resourc
e Protection -Wetlands
o —Detennil.ao of Applicability
Massachusetts Wetlands Protection Act iM.G.L. c. 131, §40
A. General Informadmn
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
i
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor
do not use the Downer.Brothers Landscaping, Inc. Family Cooperative Preschool
return key. Name Name
334 Clark Street 565 Osgood Street
(.1 Mailing Address Mailing Address
North Andover NIA 01845 North Andover NIA 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Untitled Plan October 24, 2014
Title Date
Title Date
Title Date
2. Date Request Filed:
10/24/2014
13. .Detennina$loe
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):
Drainage work within the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
565 Osgood Street North Andover
Street Address City/Town
Map 36 Parcel 24
Assessors-Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5
Massacmsefts®eparbuent of Ebvironme tal Protec t
Bureau of Resource Protection -Wetlands
flity
Ll
Massachusetts Wetlands(Protection Act'M.G.L. c. 131, §40
® Dete n,aflon, _(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:
-lame of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
-Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.08/13 Page 2 of 5
I Y
Massachu, settsDepartment sof Environmental Protection
-Bureau of-Resource Vrotection -W. etlands
Massachusetts Wetlands Protection Act,M.,G.L. c. .131, §40
B. Deterrn Wagon (coat.)
❑ 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 DeteirWination
mote: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
,
Massacklusefts Depa ent of Einvj'>roume-ntal PrOtec�aon
Bureau of Resource Protection -Wetlands
Massachusetts Wetlands Protection ActU.•G.L. c. 131, §40
: :bete ,inabon 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)
II
❑ 6. The area and/or work described in the Request isnot subject to review and approval by:
North Andover Conservation Commission
Name oflVlunicipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Mame Ordinance or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
F-1 by hand delivery on by certified
mail return receipt requested on
Date Date
This Determination is valid for hree 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
httpJ/ mass gutt'oo ionaE-oi or-your
city-or-town_html) and the property owner(if different from the applicant).
Signat :es:
it
Date
wpaform2.doc•Determination of Applicability•rev.08/13 Page 4 of 5
Ha-ssachusetts Deparhment Of EnWrommential Pwlectfiton
-Bureau of Resource Protection - Wetlands
Hit
LLI
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(seehMp:I .aeaass_ deed/ _ e-
ep4miana mor your-cRy-or-1f _h mil)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 CNIR 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.
r
I
wpaform2.doc•Determination of Applicability•rev.08/13 Page 5 of 5
r"
ILIMassa'd-husefts Depart men,t of Einvare en ratiec. on
Bureau of-Resource Protection -Wetlands
Request for Departmen,fi l Nio Fee Trans MUM o , I I
Massachusetts Wetlands Protection ACtM.C.L. c. 131, §40
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
r� Phone Number Fax-Number(if applicable)
Project Location
IRV
&X
Mailing Address
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. Ilii stctetisns
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,VIA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08113 Page 1 of 2
Massadbusetts Departmentt et:Eaa vivon metal Protearon
Bureau of Resource Protection - Wetlands
Request for Departmental Acflen Fee Trams i al mora
Massachusetts Wetlands Protection ActM.G.L. c. 131, §40
B. Inst , , cfions (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-cepy of this form and ac-opy 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
hft _advie WagmaWab®Wco bna9
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.08/13 Page 2 of 2