HomeMy WebLinkAboutMiscellaneous - 94 FLAGSHIP DRIVE 4/30/2018 (3)CONSERVATION DEPARTMENT
Community Development Division
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NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
94 Flagship Drive, North Andover
At the March. 11, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for removal of existing parking lot pavement as shown on
the herein referenced plans within the Buffer Zone to Isolated Vegetated Wetland. The pavement removal
is stormwater mitigation for improvements to the site outside of wetland jurisdiction. The project will
conform to the following:
Applicant: Nova Flagship LLC.
94 Flagship Drive
North Andover, MA 01845
Representative: Mark West
West Environmental, Inc.
48 Stevens Hill Road
Nottingham, NH 03290
Record Documents:. Request for Determination of Applicability Form Land supporting
materials, submitted: February 27, 2015
Plan of Proposed Conditions Located in North Andover, MA.
Prepared by: Christiansen & Sergi, Inc.
Date: 9/15/14 Last Revised: 3/9/15
SPECIAL: CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
Determination and is aware of the wetland resource area and the limits of the proposed work.
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.
1600 Osgood Street, Suite 2035, North Andover' Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
,Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index � ,
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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. Excavated pavement and soils shall be properly disposed of offsite and shall not be stockpiled within
50' of the resource area.
6. Once construction is completed, all disturbed areas will be loamed and seeded.
7. Wetland markers will be placed on the existing fence at 30' intervals (approximately 5 markers — 3
round and 2 square). Markers are available from the Conservation Department ($2 round/$3 square).
8. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
pleasei contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
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1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
;' Web: http://www.townofnorthandover.com/Pages/NAndoverMA Conservation/index '
LlWPA Form 2 — Determination of Applicability
A. General Information
Important:
When filling out 'From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key. to move To: Applicant. Property Owner (if different from applicant):
your cursor -
do not use the Nova Flagship LLC
return key. Name Name
Flagship Drive
Ma
� Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State
rueim
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Proposed Conditions 3/9/15
Title Date
Title Date
Title Date
2. Date Request Filed:
February 27, 2015
Zip Code
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):
Removal of 2,100 s.f. of pavement within the Buffer Zone to Isolated Vegetated Wetland.
Project Location:
94 Flagship Drive
Street Address
Map 107C
Assessors Map/Plat Number
V.
wpaform2.doc • Determination of Applicability • rev. 12/14
North Andover
City/Town
Parcel 77
Parcel/Lot Number
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Page 1 of 5
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WPA Form 2 — Determination of Applicability
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
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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:
i
Name Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 12/14 Page 2 of 5
L711WPA .Form 2 —Determination of Applicability
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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, ifthe
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 Actor 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
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❑
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.
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wpaform2.doc - Determination of Applicability • rev. 12/14 Page 3 of 5
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WPA Form 2 — Determination of Applicability
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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:
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 Conservation Commission Chapter 178
i Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
j by hand delivery on ❑ by certified mail, return receipt requested on
31/3 11,r
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,
I 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/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.html) and the property owner (if different from the applicant).
Signa ares:
Date
wpaform2.doc - Determination of Applicability - rev. 12114 Page 4 of 5
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WPA Form 2 Determination of Applicability
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D. Appeals
Theapplicant, 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/eea/agencies/massdep/abouttcontacts/find-the-
massdep-regional-office-for-your-city-or-town.html) 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 see
i tal Form Request for Departmental Action Fee Transmittal Form) as provided in
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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. 12/14
Page 5 of 5
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r Request for Departmental Action Fee
Transmittal Form
f3 4 A r'L p. 13
,A. Request Information
1. Location of Project
DEP File Number:
Provided by DEP
a. Street Address b. City/Town, Zip
a Check number d. Fee amount
Important:When fillig 2 person or part making request (if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor - do City/Town State Zip Code
not use the
return key. I Phone Number Fax Number (if applicable)
3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non:Significance (Form 6)):
Name
Mailing Address
i City/Town State
Phone Number Fax Number (if applicable)
4. DEP File Number:
B. Instructions
Zip Code
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other
projects)
❑ Superseding Determination of Applicability — Fee: $120
❑ Superseding Order of Resource Area Delineation — Fee: $120
Send this form and. check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
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wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/15 Pagel of 2
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DEP File Number:
Request for Departmental Action Fee
'Transmittal FormProvided by DEP
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/eea/agencies/massdep/abouticontactsi).
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.
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