HomeMy WebLinkAboutPermits - 350 WINTHROP AVENUE 7/17/2018 CONSERVATION DEPARTMENT
Community Development Division
NEGXFIVL DETEIMINATION OFAPPLICABILITY
SPECIAL CONDITIONS
Resurfacing and Related Work on Route 114 (MassDOT)
.At the July 11, 2018 public hearing, the North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of.Applicability for full width pavement milling and resurfacing with Superpave hot mix
asphalt on Route 114. Curbing and sidewalk replacement with pedestrian ramps is also proposed. A new sidewalk
-will be constructed on the Lawrence, side of the project with no changes proposed to stormwater outfalls in.North
Andover (new Y deep sump catch basins to be.installed (in.T.,awrence) for increase in stormwater discharge). All
proposed work will be done within the existing right of way, portions of which are within Riverfront Area,
Bordering Land Subject to Flooding and the 100-foot buffer zone to Bordering Vegetated Wetland. No loss of
flood storage volume is proposed.All of the work will conform to the following:
.Applicants: Paul Stedman, District Highway Director
MassDOT—Disrrict 4 519 Appleton
Arlington, MA 02476
Representative: MassDOT—Highway District 4
Sandra J. Sprague
Record Documents: Request for Determination of Applicability form 1 and supporting materials,
submitted:June 27, 201£3
Including: Project:Locus and.Project No. 608809 Narrative
Record Plan: Title: Resurfacing& Related Work on Route 114
Prepared by: MassDOT Highway Division
Date: 7/10/2018
Sheets: 1, 4, 7, 9-12, & Firmette
SPECTAL CONDITIONS:
1. Prior to the start of work 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. Compost filter tube (12" as specified on sheet#7) shall be installed as shown on the herein referenced plans.
Silt Sacks shall be placed in all catch basins within 100' of the proposed work.
3. Once erosion controls have been installed, the applicant shall arrange for a preconstruction meeting with the
site contractor and the Conservation Department to review the installed erosion controls and the schedule for
the proposed work.
120 Main Sfrcct,Nc�xrtlx 1�nclover �tassaeloi�setts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:littp://www.tiorthandover.gov
4. During construction, the Conservation Department shall receive erosion control monitoring reports fol-IoNvi-rig
storti-i events of /2," or more. The site monitor shall visually inspect A resource areas for siltation, turbidity,
and/or other water duality impacts and advise the site contractor of the need for any erosion control
maintenance.
5. Upon completion of the approved project and site stabilization (native seed mix only), please contact the
Conservation Department for a final inspection.
120 Main Street,North Andover,iMassachusetts 01845
Phone 978.688.9530 Fax 978,688.9542
Web:http://www.iiortliaiidover.gov
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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
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 Paul Stedman, District Highway Director MassDOT- Ojgow
return key. Name Name
MassDOT- District 4 519 Appleton 10 Park Plaza
Q Mailing Address Mailing Address
Arlington MA 02476 'Boston -MA 02116
City/Town State Zip Code City/Town State Zip Code
reAxn
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
_Resurfaciq9,& Related Work on Route 114 (Sheets 1, 4, 7, 8, 10-12) 7/10/2018
Title
/1Q/2018Title Date
Title Date
--fit—le--- —Date
2. Date Request Filed:
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):
------------
-------------
...........
Project Location:
Route 114 North Andover
Street Address City/Town
............. . ......
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doo-Determination of Applicability-rev.12114 Page 1 of 5
4
Massachusetts Department of Environmental Protection
Bureau ufResource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 131, &40
B~ Determination (cont.)
The following Determination(m) is/are applicable hothe proposed site and/or project relative tothe 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).
F-1 1. The area described onthe referenced p|em(a) isanarea Subject tnprotection undortheAct.
Removing, filling,dredging, oraltering ofthe area requires the filing ofaNotice ofIntent.
F 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 aolong aythis Determination isvalid.
2b. Theboundariemofremnurceaneas |istedbe|owmralodoonfirnnadbythiwDetermoinaUon.
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
BLSF B\NV& Riverfmnt
Fl 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will nsmove, fi||, dnedge, oralter that area, Therefore, said work
requires the filing of Notice ofIntent,
R 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, ThengfVne, said work requires the filing of
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
R 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Pursuenttothefo||ovving municipal wetland ordinance or bylaw:
Name ---' Ordinance nrBylaw Citation
4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131. §40
B, Determination (cont.)
Fl 6. The following area and/or work, if any, is subject to a Municipal ordinance or bylaw but not
subject tothe Massachusetts Wetlands Protection Act
7. |foNotice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and dooument(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 ofalternatives reqmim*mentm):
171 Alternatives limited to the lot on which the project is |ooated.
[l
Alternatives limited to the lot on which the project is |ocated, the aubdividgd lots, and any
adjacent lots formerly orpresently owned bythe same owner.
El Alternatives limited bothe original parcel mnwhich the project is |ocated, 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 Ant is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
onthis project un|eeathe Department fails toact onsuch request within 35days ofthe date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
atthe owner's risk only upon notice tnthe Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
n 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
H 2. The work described in the Request iawithin an area subject to protection under the Act, but will
not remove, fi||, dredge, or alter that area, Therefore, said work does not require the filing of
Notice of Intent.
H 3. The work described in the Request is within the Buffer Zone, as defined in the re8u|otiona, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of Notice of Intent, subject to the following conditions (if any).
Pre-construction inspection after installation of erosion oontro|e, monitoring reports after 1/2" rain
event orgreater, post construction inspection when area is stabilized for approval to remove
erosion controls
F-1 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therafore, said work does not require the filing of Notice of Intent,
unless and until said work alters an Area subject to protection under the Act,
4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands P[OfeC[iOD Act M.G.L. C. 131, Q40 �
B. Determination (cont.)
�� 5. The area deachbodinthe Request iasubject toprotection under the Act. Since the vvVnk
�� described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice ufIntent ie required:
Exempt Activity(site applicable statuatory/regulatory provisions)
S. The area and/or work described inthe Request |onot subject toreview and approval by:
Name of Municipality
Pursuant to a Municipal wetlands ordinance Vrbylaw,
Name Ordinance or Bylaw Citation
C. Authorization
This Determination isissued bothe applicant and delivered asfollows:
byhand delivery on a by certified oi| return receipt requested nn
/ /77
. oa�o vw,: / /
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 federo|, mtobs. or local statutes, ordinances,
bylaws, orregulations.
This Determination must besigned byamajority oftheConemn/ationCnmminsion. Aoopymuatbesentto
the appropriate DEP Regional Office (see )
and the rt (if different f the applicant).
-
°nafovm«,m='Determination mApplicability^rev.12x4 Page 4m5
4
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 htti3://www.mqasqs§.,govi/eea//aaencies/massdep/about/contacts/) 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.
"paform2.doc•Determination of Applicability•rev.12/14 Page 5 of 5
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau 0fResource Protection -Wetlands
LA Request for Departmental Action
ee Transmittal Form Provided hyDEP
Massachusetts Wetlands Protection Act M.G.L. O. 131, &40
A. Request Information
1. Location ofProject
o. Street Address b.C8y[Tuwn.Zip
c.Check number d. Fee amount
Important: 2Person name
When filling
� ` ^ '
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
curaor-do cityrrmwn State --- Zip Code
not use the
return key. pb»neNumber Fm11 xNumber(ifopp|icub|o)
1 Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
"---� (Form 4B), Order of Conditions (Form 5). Restoration Order nfConditions (Form 5A). or Notice of
Non-Significance (Form 00:
Nome
ailing Address
CityfTvwo State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Kns*ruct~ons
1. When the Departmental action request iofor(check one):
Fl Superseding Order ofConditions— Fee: $12O.OU(single family house projects)or$245(oUother
projects)
Fl Superseding Determination ofApplicability—Fee: $120
[l SuporsedingDrderofResounoeAreaOe|ineation —Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department ofEnvironmental Protection
Box 4062
Boston, K8A02211
~+"mrm,uDG'Request for Departmental Action Fee-Transmittal Form.rev.1*,4 page I"/2
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau 0fResource Protection - Wetlands
Request for Departmental Action
ee Transmittal Form Provided byDEP
M@GSGchUSeffS Wetlands Protection /\Ct 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 noappellate 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 ).
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.
°paf"rmMc='Request for Departmental Action Fee Transmittal Form'rev.1xn* Page ow,