HomeMy WebLinkAboutMiscellaneous - 922 DALE STREET 4/30/2018 (2)0 CMR 10.99
Form S
oEP F.M ria.
(ro to vu—W UEV)
Commonwealth C1tyTown North Andover-
of
ndoverof Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G. L. c. 131, §40
and under the Town of North Andover's Byiaw Chapter 3.5
NORTH ANDOVER CONSERVATION C -LNISSION
To - +CY,i
(N me of Applicant) (flifile,of prooerly owrterl
4ddressIII ,SIL %EST • �� Address 122
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on
by certified mail, return receipt requested on
Chis project is located at
(dale)
lo—q'71 (dale)
a "wo. mA 01w4'
The property is recorded at the Registry of No rrhP rn r• gstex
Book - 11b Page 501
Certificate (if registered)
The Notice of Intent for this project was filed on
The public.hearing was closed on
Findings
The North Andover Conservation Commission
Intent and plans and has held a public hearing on the project. eased on the information avallaole Ic Ilte'
NACC at this time, the__�L&LC _ has delerrnuted That
(dalel
(date)
has reviev/ed the above-relerortced rlettcE? Of
the area on which the proposed work is to be done is signilicant to the loilowin�:i interests in accoreartce vitt,
the Presumptions of Signi(ica ce gel fof�1'to the reg u,lations :or each Area Sur,lect to Prolec'�oft Under Ute
n. 118 1% Recreation
Act (check as appropriate): Ch. 178: l Prevention of Erosion & Sedimentation Ch.178 Wildlife
j Pubiic water supply Flood control ❑ gond containing shelllish
Private water supply Storrs damage prevention ❑ Fisheries
Ground water supply Prevenbon of pollution Protection of wildlita habitat
Total Filing Fee Submit ed `�, Y5 to State Share._ —
City/Town Share yT. lee in nxcccss of S�3)
Total Refund Due S City(Town Portion S State Po(liort S
P z total) (Yr total)
IL
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CHUSEt
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
13154/C155N Reconductoring Projects, Sharpners Pond Road to Dale Street, North Andover
At the March 28, 2012 public hearing the North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability to reconductor the B -154N and C -155N transmission lines in North
Andover. In conjunction with the ieconductoring, a total of four existing structures located within jurisdictional
areas will be replaced. Two of the structures will be removed and relocated outside of the 100 -foot Buffer Zone.
Two structures will be replaced in their current locations. The NACC voted to issue an exemption to the applicant
for the reconductoring work (Negative #5). Work shall comply with the following:
Applicant: New England Power Company
Joshua Holden
40 Sylvan Road
Waltham, MA 02451
Representative: Vanasse Hangen Brustlin, Inc. (VHB)
Timothy Sullivan
101 Walnut Street
Watertown, MA 02472
Record Documents: Request for Determination of Applicability -Structure Replacement Project, received
March 2, 2012
Prepared by VHB
Record Plan: B154/C155N Reconductoring Projects
North Andover Massachusetts
Sheets 1-18
Prepared by VHB
Date: 3/12/2012
Record Correspondence: Email from Ged Olson, Anderson & Krieger LLP
To Thomas J. Urbelis, Town Counsel, Town of North Andover
Date: March 21, 2012
Email from Susan Scarcella, National Grid
To Lee A. Wilkinson, Abutter
Date: March 28, 2012
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofno.tthandover.com/Pages/NAndoverMA_Conservation/index
Construction Conditions for Reconductoring and Pole Replacement
❖ All work will be conducted in accordance with the National Grid Environmental Guidance: ROW Access,
Maintenance and Construction Best Management Practices. With proper training, the Conservation
Department, per agreement with the applicant during the public hearing process, will be allowed on-site to
inspect the property to confirm compliance with the herein referenced Environmental Guidance.
❖ Erosion controls will be installed as shown on the herein referenced site plans.
❖ The Conservation Department will be contacted prior to the start of work and may, at any phase, inspect the
installed erosion controls (once properly trained to be on the construction site).
❖ As agreed to by the applicant during the public hearing process, the Conservation Department will receive
weekly monitoring reports prepared for the applicant by VHB or other third party erosion control monitor.
Reports will update the construction schedule to inform the Conservation Department of the location of work
for the coming week.
Post Construction Conditions for Reconductoring and Pole Replacement
❖ Immediately following completion of the work and prior to the removal of erosion controls, any disturbed areas
will be permanently stabilized against erosion by loaming and seeding and other methods identified in the
Environmental Guidance.
❖ Upon stabilization the Conservation Department will conduct a final inspection to confirm the restoration of
prior site conditions in accordance with the Environmental Guidance and the removal of all erosion controls.
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/NAndoverM -Conservation/index
3
1
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
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
VQ
1�1
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
New England Power Company c/o Joshua
Holden
40 Sylvan Road
Mailing Address
Wnithan MA n7d51
City/Town
Property Owner (if different from applicant):
Name
Mailing Address
State Zip Code City/Town
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
B154/C155N Re-conductoring Projects
Title
Title
3/12/2012
Date
Date
Title Date
2. Date Request Filed:
March 2. 2012
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):
Re-conductoring existing utility lines and relocation and replacement of pole structures within and
adjacent to bordering and Isolated Vegetated Wetland.
Project Location:
Sharpners Pond Road to Dale Street North Andover
Street Address City/Town
N/A - Right of Way N/A Right of Way
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5
Massachusetts Department of Environmental Protection
ILIBureau 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 • Determination of Applicability • rev. 10/6/04 Page 2 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.)
❑ 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
Massachusetts Department of Environmental Protection
ILIBureau 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, no Notice of Intent is required:
/Jl f 1i1z1-1n _ (31 D C rpl 12 I L" C,r �2 (A(6t ((J
Exempt Activfity (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 [1/]� 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 http://www.mass.gov/dep/about/region.findyour.htm) and the
property owner (if different from the applicant).
Date
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5
Massachusetts Department of Environmental Protection
ILIBureau 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 http://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
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
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
tab
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
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 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
http://www. mass.gov/dep/about/reqion/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