HomeMy WebLinkAboutMiscellaneous - Mayflower Drive Unit 4.,
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Unit #4 Mayflower Drive, North Andover
At the April 22, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for finish work associated with Unit #4 Mayflower Drive,
Olde Salem Village, North Andover. The finish work includes hot top coating of the driveway, landscape
activities and final grading, loaming, seeding and landscape plant installation within the Buffer Zone to
Isolated Vegetated Wetland. The project will conform to the following:
Applicant: Key Lime, Inc.
c/o Benjamin Osgood
10 Hepatica Drive
North Andover, MA 01845
Representative: Elizabeth Wallis/Peter J. Ogren
Hayes Engineering, Inc.
603 Salem Street
Wakefield, MA 03290
Record Documents: Request for Determination of Applicability Application
Form 1 and supporting materials, submitted: April 10, 2015
Grading Plan in No. Andover, Mass.
Prepared by: Hayes Engineering, Inc.
Date: October 4, 2004 Last Revised: July 30, 2014
Scale 1"=20'
Plan of Land in No. Andover, Mass.: Foundation Location Building 4
Prepared by: Hayes Engineering, Inc.
Date: April 21, 2015 Scale 1"=60'
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.
1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://wwwtownofnorthandover.com/Pages/NAndovedviA—Conservation/nndex
2. Prior to the start of construction, the contractor will install/refresh erosion controls as approved by
the Conservation Department between the proposed work and wetland resource areas.
3. Once erosion controls are installed/refreshed, 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. All conditions of DEP File #242-1337 as they apply to Unit #4 remain in force. Unit #4 must receive
a full and final Certificate of Compliance as part of DEP File #242-1337.
6. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
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
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
W'PA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
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ILEI
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Key Lime, Inc.
Name
10 Hepatica Drive
Mailing Address
North Andover MA 01845
City/Town State Zip Code
Property Owner (if different from applicant):
Name
Mailing Address
City/Town
mate up uoae
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Grading Plan in No. Andover, Mass. July 30, 2014
Title Date
Plan of Land in No. Andover, Mass.: Foundation Location Building 4 April 21, 2015
Title Date
Title
2. Date Request Filed:
April 10, 2015
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):
Completion of site work including final top coating of driveway, grading, loaming, seeding and
installation of lanscape plantings within the Buffer Zone to Isolated Vegetated Wetland
Project Location:
Olde Salem Village Condos, Unit 4
Street Address
Map 107B
Assessors Map/Plat Number
North Andover
City/Town
Parcel 16
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 12/14 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. 12/14 Page 2 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.)
❑ 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
❑ 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. 12/14 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.)
❑ 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
Name
C. Authorization
Chapter 178
Ordinance or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on 0' by certified mail, return receipt requested on
'Ylaq) Is -
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/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.html) and the property owner (if different frog
Signatures:
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Date
wpaform2.doc • Determination of Applicability • rev. 12/14 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
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/eea/agencies/massdep/about/contacts/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 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. 12/14 Page 5 of 5
Massachusetts Department of Environmental Protection
ILIBureau 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:
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out forms on
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1. Location of Project
a. Street Address
c. Check number
b. City/Town, Zip
d. Fee amount
DEP File Number:
Provided by DEP
2. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
State
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
City/Town
Phone Number
4. DEP File Number:
B. Instructions
State
Fax Number (if applicable)
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
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/15 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental Action Fee
Provided by DEP
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/eea/agencies/massdep/about/contacts/).
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. 12/15 Page 2 of 2