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Home My WebLink AboutMiscellaneous - 61 COACHMANS LANE 4/30/2018 (2) �A �'�.�� S lA� f NORTH, O.�tJo s.NO �.;• o� t y ♦i "} CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 61 Coachman's Lane, North Andover At the February 8,2012 public hearing the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability (after the fact) for the placement and rough grading of fill material at the above referenced address.Additional work includes final grading of fill material and loaming and seeding. Work is proposed approximately 30-feet from the edge of Bordering Vegetated Wetland (BVW) and partially within the road right of way.Work shall comply with the following: Applicant/Owner: Charles A. Papalia 61 Coachman's Lane North Andover,MA 01845 Record Documents: Form 1: Request for Determination of Applicability,received January 17,2012 Hand sketch by applicant with aerial photo Construction Conditions ❖ The applicant shall immediately place erosion controls between all disturbed areas and the road. The Conservation Department recommends a 12-inch bark mulch tube be installed approximately 5 feet off the edge of roadway. Once install the erosion control shall be approved by the Conservation Department. ❖ Prior to resuming work on site,the owner shall speak with the Town Engineer, Gene Willis,to determine if there are any special requirements for work in the town right of way and report any requirements to the Conservation Department. ❖ Prior to work resuming on the site,the applicant shall contact the Conservation Department for a pre- construction meeting with the contractor. ❖ Excess material and construction debris shall be properly disposed of offsite and stockpiled material shall be stored within erosion controls. Post Construction ❖ Immediately following completion of the work and prior to the removal of erosion controls, any disturbed areas shall be permanently stabilized against erosion. 44- Upon completion of all requirements, the Conservation Department shall be contacted to conduct a final site inspection.With the permission of the Conservation Department, erosion controls shall be removed. ❖ Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 50/6), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. The adjacent wetland drains to the Town's surface drinking water supply. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnordiandover.com/Pages/NAndoverMA_Conservation/index 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 r6 Phone Number Fax Number(if applicable) Project Location 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. 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 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2 ILIMassachusetts 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 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 co of this form and a co of the check or money order with the R copy copy Request for a Superseding Y q p 9 Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/re-qion/findyour.htm). 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.10/6/04 Page 2 of 2 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 conditions ❑ 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.10/6/04 Page 3 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 5. The area described in the Request is subject to protection under the Act. Since the work q J 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 Eby certified mail, return receipt requested on '�"/I//A 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 theappropriate DEP Re ional Office see htt ://www.mass. ov/de /about/re ion.find our.htm and the 9 ( P 9 p �—Y ) property owner(if different from the ap licant). Signatures: Iq4,Lq, Date wpaform2.doc•Determination of Applicability•rev.10/6/04 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. 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 htto://www.mass.gov/dep/about/region.findyour.htm)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.doc•Determination of Applicability•rev.10/6/04 Page 5 of 5