HomeMy WebLinkAboutMiscellaneous - Peachtree Farms Lots 1-4CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Peachtree Farms — Lots 1-4, North Andover
At the September 10, 2014 public hearing, the North Andover Conservation Corntnission (NACC) voted
to issue a Negative Deterniination of Applicability for construction of four homes with associated site
work and grading and stormwater infiltration units as shown on the herein referenced plans. Construction
is located more than 100 -feet from wetland resource areas.
The Peachtree Farm subdivision was reviewed by the Conservation Commission and an Order of
Conditions was issued on April 23, 2003 (COC granted April 21, 2010). Eggleston Environmental
provided third party review of the subdivision stormwater management proposal during the public hearing
process. With the information provided, the project, as designed, complies with the prior permit and does
not increase impervious or roof area. In addition, die applicant proposes to install erosion controls
including hay bales, silt fence and catch basin silt sacks to protect the existing stotmwatet infrastructure
during construction. The project will conform to the following:
Applicant: Rea Street Development, LLC
231 Sutton Street, Suite 113
North Andover, NIA01845
Property Owner: Reagun LLC c/o 1,'-enneth Rea
44 Rea Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: August 28, 2014
Plans Tided: Site Plan, Lots 1-4 Peachtree Farms
Date: 8/28/2014
Prepared by: Marchionda & Associates, L.P.
62 Montvale Ave, Suite 1
Stoneham, MA 02180
Stamped by David L. Farrar, PLS
1600 Osgood Street, Suite 2035, North Andover, Mass2chusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorth-andover.com/Pages/NAndoverMA—Conserv-ation/�*ndex
Letter from John Barrows, P.E.
Marchionda & Associates, L.P.
Re: Peachtree Farms — Lots 1-4
Date: September 10, 2014
SPECIAL CONDITIONS:
1. Prior to the start of construction, the contractor will install erosion controls per the plan referenced
herein. Once erosion controls are installed, the contractor will contact the Conservation Department
to schedule a preconstruction meeting to inspect the installed erosion controls.
2. Prior to the start of construction Proof of maintenance of the stotmwater management system shall be
provided to the NACC in conformance with perpetual condition #68 of DEP File #242-1186.
3. Erosion Control Monitoiing is a condition of the Planning Board Special Permit. The Conservation
Department shall be copied on all reports.
4. Upon completion of the approved project and site stabilization (seeded areas areready 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, T&ssachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://-.vww.townDfnorth2ndove.r.com/Pages/NAndoverMA—Conserv2tion/index
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
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):
Construction of four single family homes within the Peachtree Subdivision including sto . rmwater
manaclement.
Project Location:
Lots 1-4 Peachtree Farms North Andover
Street Address City/Town
Map 98A Parcels 145, 144,114,115
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc -Determination of Applicability -rev. 08/13 Page 1 of 5
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
Rea Street Development, Inc.
return key.
Name
Name
40--h
231 Sutton Street Suite 1 B
VS�A
Mailing Address
Mailing Address
North Andover MA
01845
City/Town State
Zip Code CityfTown State Zip Code
1 . Title and Date (or Revised Date if applicable)
of Final Plans and Other Documents:
Site Plan Lots 1-4 Peachtree Farms
August28,2014
Title
Date
Title
Date
Title
Date
2. Date Request Filed:
August 28, 2014
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):
Construction of four single family homes within the Peachtree Subdivision including sto . rmwater
manaclement.
Project Location:
Lots 1-4 Peachtree Farms North Andover
Street Address City/Town
Map 98A Parcels 145, 144,114,115
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc -Determination of Applicability -rev. 08/13 Page 1 of 5
LJMassachusetts Department of Environmental Protection
)l 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).
El 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.
El 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.
F1 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.
El 3. The work described on referenced plan(s) and docurnent(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.
El 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).
F1 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. 08/13 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.)
R 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:
F] 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and clocument(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):
EJ 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.
El 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.
El 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.
El 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.
El 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).
El 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. 08/13 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.)
F-1 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)
E 6. The area and/or work described in the Request is not subject to review and approval by:
North Andover Conservation Commission
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:
[:1 by hand delivery on M'by certified mail, return receipt requested on
Date Date #/ 4,
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
city-or-town.html) and the property owner (if different from JfiA applicant).
Sign4ures:
r777!���
Date
wpaform2.doc - Determination of Applicability - rev. 08/13 Page 4 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
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 hftp://www.mass.gov/eea/agencies/massdep/about/contacts/flind-the-
massdep-regional-office-for-your-city-or-town.htmi) 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. 08/13 Page 5 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Weflands 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)
Z -1p UUue
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:
13. Instructions
State
Fax Number (if applicable)
—V �Uuv
1. When the Departmental action request is for (check one):
El Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
171 Superseding Determination of Applicability ($120)
El Superseding Order of Resource Area Delineation ($120)
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. 08/13 Page 1 of 2
-ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Requestfor 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
hftp://www.mass.gov/eea/agencies/massdei)/about/contacts/flind-the-massdep-regional-office-for-
your-city-or-town.html).
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.
wpaformI -Request for Departmental Action Fee Transmittal Form -rev. 08/13 Page 2 of 2