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HomeMy WebLinkAboutMiscellaneous - 901 JOHNSON STREET 4/30/2018 (3)Zt ! A Ll'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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ A. General Information From: North Andover Conservation Commission To: Applicant Eleanor Turke Name 901 Johnson Street Mailing Address North Andover City/Town MA. 01845 State Zip Code Property Owner (if different from applicant): Same Name Mailing Address Cityrrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents RDA 4&/07 Title Date Upgrade Plan of Subsurface Sewage Disposal System 4/10/07 Title Date Title 2. Date Request Filed: 4/26/07 B. Determination Date 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): replacement of an existing subsurface sewage disposal system with associated grading within the Buffer Zone to a Bordering Vegetated Wetland. Project Location: 901 Johnson Street Street Address Map 107A Assessors Map/Plat Number North Andover City/Town Parcel 156 Parcel/Lot Number wpaform2.doc - rev. 3/1/05 Page 1 of 5 Ll'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 wpaform2.doc • rev. 3/1/05 Page 2 of 5 L7']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 U. 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 • rev. 3/1/05 Page 3 of 5 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 901 Johnson Street, North Andover At the May 9, 2007 public hearing the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the installation of an upgraded septic system within the Buffer Zone to a Bordering Vegetated Wetland (BVW). The septic and pump tanks will be placed approximately 70' from the wetland at its closest point. All other work is proposed outside of the Buffer Zone. Applicant: Eleanor Turke 901 Johnson Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability received April 26, 2007. Site plan entitled, "Upgrade Plan of Subsurface Sewage Disposal System" prepared by Merrimack Engineering Services, dated April 10, 2007. Stamped & signed by Vladimir L. Nemchenok, P.E. Pre -Construction ❖ A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands as shown on the approved plan referenced herein. 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 NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions 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. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index ❖ 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). 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. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index ' LJ\ 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 m. uetermination (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: txempt 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 [9/by certified mail, return receipt requested on 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 1.app — .5 h /t) 7 Date wpaform2.doc • rev. 3/1/05 Page 4 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 U. 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. wpaformZdoc - rev. 3/1/05 Page 5 of 5 Massachusetts 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 g Agawam Conway Hancock Montague Plainfield Tyringham Wales Suite 402 Alford Amherst Cummington Hatfield r Monterey Richmond Ware Springfield, MA 01103 Ashfield Dalton Deerfield Hawley Heath Montgomery Rowe Warwick Phone: 413-784-1100 Becket Easthampton Hinsdale Monson Mount Washington Russell Sandisfield Washington Wendell Fax: 413-784-1149 Belchertown Bemardston East Longmeadow Holland New Ashford Savoy Westfield Blandford Egremont Erving Holyoke New Marlborough Sheffield Westhampton Brimfield Florida Huntington Lanesborough New Salem North Adams Shelburne Shutesbury West Springfield West Buckland Charlemont Gill Goshen Lee Northampton Southampton Stockbridge Whately Cheshire Granby Lenox Leverett Northfield Orange South Hadley Southwick Wilbraham Chester Chesterfield Granville Leyden Otis Springfield Williamsburg Williamstown Chicopee Great Barrington Greenfield Longmeadow Palmer Stockbridge Windsor Clarksburg Hadley Ludlow Middlefield Pelham Peru Sunderland Worthington Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Worcester, MA 01608 Ashby Athol Douglas Hudson New Braintree Shrewsbury Webster Phone: 508-792-7650 Auburn Dudley 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 Worcester Bolton Boxborough Harvard Hardwick Maynard Medway Petersham Templeton Boylston Holden Mendon Phillipston Princeton Townsend Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region g Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet 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 Sandwich West Bridgewater TDD: 508-946-2795 Bourne Brewster Easton Harwich Norwell Scituate Westport P West Tisbury Bridgewater Edgartown Fairhaven Kingston Lakeville Oak Bluffs Seekonk Whitman Brockton Fall River Mansfield Orleans Pembroke Sharon Somerset Wrentham Carver Falmouth Marion Plainville Stoughton Yarmouth Chatham Foxborough Marshfield Plymouth Swansea Wilmington Winchester Chilmark Franklin Mashpee Plympton Taunton Winthrop DEP Northeast Reg ion Amesbury Chelmsford Hingham 9 Merrimac Quincy 1 Winter Street Andover Arlington Chelsea Holbrook Methuen Randolph Wakefield Walpole Boston, MA 02108 Ashland Cohasset Concord Hull Middleton Reading s Waterto Phone: 617-654-6500 Bedford Danvers Ipswich Lawrence Millis Milton Revere Watertown Belmont Dedham Lexington Nahant Rockport Rowley Wayland Wellesley TDD: 617-574-6868 Beverly Billerica Dover Dracut Lincoln Natick Salem Wenham Boston Essex Lowell Lynn Needham Newbury Salisbury Saugus West Newbury Boxford Braintree Everett Lynnfield Newburyport Sherborn Weston Westwood Brookline Framingham Georgetown Malden Manchester -By -The -Sea Newton Norfolk Somerville Stoneham Weymouth Burlington Gloucester Marblehead North Andover Sudbury Wilmington Winchester Cambridge Canton Groveland Medfield North Reading Swampscott Winthrop Carlisle Hamilton Haverhill Medford Melrose Norwood Tewksbury Woburn Peabody Topsfield Wpaform2.doc • DEP Addresses • rev. 10/6/04 Page 1 o 1 LlMassachusetts 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number Project Location Mailing Address State Fax Number (if applicable) Zip Code 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 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 [L7�kl Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 m. 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