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HomeMy WebLinkAboutMiscellaneous - 85 SOUTH BRADFORD STREET 4/30/2018(� vl O c LlMassachusetts 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 only the tab Conservation Commission key to move To: Applicant your cursor - do not use the Joyce & Andrew Crum return key. Name 85 South Bradford Street '� Mailin Add Property Owner (if different from applicant): Name g ress Mailing Address North Andover MA. 01845 City/Town State Zip Code City -frown State reMn 1. Title and Date (or Revised Date ifIi bl f app Ica e) o Flnal Plans and Other Documents: RDA 8/31/06 Title Site Plan of exisitng conditions Title I ale 2. Date Request Filed: 8/31/06 ti. Determination Date 8/29/06 Date Date Zip Code 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): The removal of two exisiting 12'x 12' additions and installation of new concrete foundations for the reconstruction of a new addition within the same footprint in the Buffer Zone to a Bordering Veqetated Wetland. Project Location: 85 South Bradford Street North Andover Street AddressCity/Town Map 103 Parcel 107 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc • rev. 3/1/05 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 rs. uetermination (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: 11-1c vi IVIUMoiNamy Pursuant to the following municipal wetland ordinance or bylaw: Name wpaform2.doc • rev. 3/1/05 Ordinance or Bylaw Citation Page 2 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.) ❑ 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 condition ❑ 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 • rev. 3/1/05 Page 3 of 5 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 85 South Bradford Street, North Andover At the September 13, 2006 Conservation Commission public hearing the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the removal of two existing 12' x 12' additions on concrete slabs to be replaced with a new addition of the same size (within the same footprint) on new footings within the buffer zone to several on and off property BVWs associated with an intermittent stream at the above referenced property. Applicant: Joyce and Andrew Crum 85 South Bradford Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability prepared by New England Engineering Services, Inc., received August 31, 2006. Site plan entitled, "Site Plan of Existing Conditions", prepared by New England Engineering Services, Inc., dated August 29, 2006. Stamped & signed by Benjamin Osgood, Jr., P.E. Pre -Construction ❖ Prior to construction, erosion controls consisting of haybales and trenched silt fence shall be placed between all construction areas and wetlands as shown on the approved plan approved plan referenced herein. Said erosion controls shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. ❖ The NACC did not approve the location of the proposed dumpster/roll-off location as shown on the approved plan referenced herein due to its close proximity to the wetland resource area (17 +/ feet). Therefore, an alternative location of the dumpster shall be proposed and approved by the Conservation Department prior to the start of construction. This shall be discussed during the pre - construction meeting. •�• Immediately following completion of the above, 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. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 48 hours). Post Construction 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. Upon approval by the Conservation Department, the applicant shall remove and properly dispose of the erosion controls. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands / WPA Form 2 — Determination of Applicability 1 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, no Notice of Intent is required: ,,IFIL —1V Ly kouo dNNncauie siaivatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: .,1 w 111K 1 OIlLy Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Name C. Authorization Chapter 178 Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on dby certified mail, return receipt requested on Date g/I�/e� 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: e( i� a6 Date wpaform2.doc • rev. 3/1/05 Page 4 of 5 \ Massachusetts Department of Environmental Protection /r Bureau of Resource Protection - Wetlands (� WPA Form 2 — Determination of Applicability ( Y 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. wpaform2.doc • rev. 3/1/05 Page 5 of 5 LIZMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tisbury 436 Dwight Street 9 Agawam y Conwayontague Hancock Millville Plainfield Tyringham Suite 402 Alford Amherst Cummington Hatfield Montere Richmond Wales Ware Springfield, MA 01103 Ashfield Dalton Deerfield Hawleyy Heath Montgomery Rowe Warwick Phone: 413-784-1100 Becket Easthampton Hinsdale Monson Mount Washington Russell Sandisfield Washington Fax: 413-784-1149 Belchertown East Longmeadow Holland New Ashford Savoy Wendell Westfield Bernardston Blandford Egremont Erving Holyoke Huntington New Marlborou h g Sheffield Westhampton Brimfield Florida Lanesborough New Salem North Adams Shelburne West Springfield Buckland Gill Lee Northampton Shutesbury Southampton West Stockbridge Charlemont Cheshire Goshen Granby Lenox Leverett Northfield South Hadley Whately Wilbraham Chester Granville Leyden Orange Otis Southwick Williamsburg Chesterfield Great Barrington Longmeadow Palmer Springfield Stockbridge Williamstown Windsor Chicopee Clarksburg Greenfield Hadley Ludlow Pelham Sunderland Worthin ton g Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Tisbury 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Uxbridge Worcester, MA 01608 Ashby Athol Douglas Hudson New Braintree Shrewsbury Warren Webster Phone: 508-792-7650 Auburn DudleyDudley Dunstable Holliston Lancaster Northborough Southborough Westborough Fax: 508-792-7621 Ayer East Brookfield Leicester Northbridge North Brookfield Southbridge Spencer West Boylston TDD: 508-767-2788 Barre Bellingham Fitchburg Gardner Leominster Oakham Sterling West Brookfield Westford Berlin Grafton Littleton Lunenburg Oxford Paxton Stow Westminster Blackstone Groton Marlborough Pepperell Sturbridge Sutton Winchendon Bolton Harvard Maynard Petersham Templeton Worcester Boxborough Hardwick Medway Phillipston Townsend Wilmington Winchester Boylston Brookfield Holden Hopedale Mendon Milford Princeton Tyngsborough Winthrop Carlisle Haverhill Medford Melrose Royalston Upton Woburn DEP Southeast Region g Abington Acushnet Dartmouth Freetown Matlapoisett Provincetown Tisbury 20 Riverside Drive Andover Dennis Gay Head Middleborough Raynham Truro Lakeville, MA 02347 Attleboro Avon Dighton Gosnold Nantucket Rehoboth Wareham Phone: 508-946-2700 Barnstable Duxbury Eastham Halifax Hanover New Bedford Rochester Wellfleet Fax: 508-947-6557 Berkley East Bridgewater Hanson North Attleborough Norton Rockland West Bridgewater TDD: 508-946-2795 Bourne Brewster Easton Harwich Norwell Sandwich Scituate Westport West Tisbury Bridgewater Edgartown Fairhaven Kingston Oak Bluffs Seekonk Whitman Brockton Fall River Lakeville Mansfield Orleans Pembroke Sharon Wrentham Carver Falmouth Marion Plainville Somerset Stoughton Yarmouth Chatham Foxborough Marshfield Plymouth Swansea Wilmington Winchester Chilmark Franklin Mashpee Plympton Taunton Winthrop DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Wakefield Walpole Boston, MA 02108 Arlington Ashland Cohasset Concord Hull Middleton Reading Waltham Phone: 617-654-6500 Bedford Danvers Ipswich Lawrence Millis Milton Revere Watertown Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rockport Rowley Wayland Wellesley TDD: 617-574-6868 Beverly Billerica Dover Lincoln Natick Salem Wenham Boston Dracut Essex Lowell Lynn Needham Salisbury West Newbury Boxford Everett Lynnfield Newbury Newburyport Saugus Sherborn Weston Westwood Braintree Brookline Framingham Georgetown Malden Manchester -By -The -Sea Newton Norfolk Somerville Weymouth Burlington Gloucester Marblehead North Andover Stoneham Sudbury Wilmington Winchester Cambridge Canton Groveland Hamilton Medfield North Reading Swampscott Winthrop Carlisle Haverhill Medford Melrose Norwood Tewksbury Woburn Peabody Topsfield Wpaform2.doc • DEP Addresses • rev. 10/6/04 Page 1 o 1 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab return 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. Person or party making request (if appropriate, name the citizen group's representative): Ndl I It: Mailing Address City/Town Phone Number Project Location Mailing Address State Fax Number (if applicable) Zip Code Carty/ ► own 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)): rvanie Mailing Address City/Town Phone Number 3. 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 ($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 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 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 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. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2