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Home My WebLink About- Decision - 730 MASSACHUSETTS AVENUE 10/29/2018 CONSERVATION DEPARTMENT Community Development Division NEGA:.C'IVE DETFRWN.A'FION OF APPLICABT1.11"Y SPECTAL C ONDTTIONS 730 Massachusetts Avenue At the October 24, 2018 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the installation of a new gas service at 730 Massachusetts Avenue. All proposed work will be done in existing paved roadway, shoulder, and existing lawn portions of which are within the 100-foot buffer zone to a Bordering Vegetated. Wetland (BVW).All of the work will conform to the following: Applicants: Columbia Gas of MA 1600 Colony Road York, PA 17408 Owner: J&K Realty Trust& C/O Michel.J. Ryley 730 Massachusetts Avenue North Andover,MA 01845 Record Documents: Request for Detertination of Applicability Form 1 and supporting materials, submitted: August 28, 2018 :Including: WPA Form 1, Project Narrative, Site Photographs ##1-4, Riverfront Area Map, USGS Site Locus Map, FEMA Map, Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife& Certified Vernal Pools Map, Filtrexx Silt Soxx Detail, Project Checklist,Letter dated August 20, 2018 Prepared by: Dana Al.tobel.lo, PE, Merrill Engineers and Land Surveyors, 427 Columbia Road, Hanover,MA 02339 Record Plan: Title:Wetland Delineation Overlay Plan Prepared by: Merrill Engineers and Land Surveyors Date: July 2018 Revised Plan showing additional utilities: October 23, 2018 ---- ------_ .._.._-- - 120 Main Street,North Andover,Massac11e1setts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: littp://www.iiortliandover.goN, 4 L11Massachusetts 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 Town of North Andover computer, use only the tab Conservation Commission key to move To: Applicant Property Owner (if different from applicant): your Cursor- do not use the Columbia Gas of MA J & K Realty Trust&C/O Michael JRyley ................... return key. Name Name 1600 Colony Road 730 Massachusetts Avenue OQ Maifing Address Mailing Address York PA 17408 North Andover MA 01845 .............. City/Town State Zip Code City/Town State Zip Code rerun 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Wetland Delineation Overlay Plan October 23, 2018 ............ Title Date ........... Title Date .......... .... ........ ............... ____.....-------__- Title Date 2. Date Request Filed: 8/28/18 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): Instiallation of new gas service connection via the open trench method within the existing paved roadway and existing maintained lawn. .................. __--__---------- Project Location: 730 Massachusetts Avenue North Andover Street Address City[Town -Parcel-20-0.0 Assessors Map/Plat Number Parcel/Lot Number wpaform2.cloc,-Determination of Applicability-rev.12/14 Page 1 of 5 4 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.12114 Page 2 of 5 4 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 1 g.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). Filtrexx Silt Sox minimum 12"shall be installed as shown on the herein referenced plan. Once installed a preconstruction meeting with the site contractor and the Conservation Department shall be held. Once the site is fully stabilized the applicantlowner will contact the Conservation Department for a post construction inspection. ❑ 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.12114 Page 3 of 5 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 B, Determination (cont.) El 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 isrequired: Exempt Activity(site applicable statuatory/regulatory provisions) F1 6. The area and/or work described in the Request is not subject to review and approval by: / Name nrMunicipality � Pursuant too municipal wetlands ordinance or bylaw. Town ofNodhAndover Chapter 178 | Name Ordinance or Bylaw Citation � C. Authorization This Determination is issued to the applicant and delivered as follows: F-1 by hand delivery on dbycadified moi|, return receipt requested on C � Date Date This Determination is valid for three years from the data 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 feden*|, state, or|noa| stntuteo, ordiRanoes, bylaws. or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate OEp Regional Office (see ) and from |i >. Date wpaforrn2,doc Determination of Applicability-rev.12/14 Page 4 of 6 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability KU8SsGChUSetts Wetlands Protection Act M.G.L. C. 131. §40 � D. Appeals The applicant, owner,. ^ � 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.ciov/eea/aqencies/massdep/about/contacts/) to issue aSuperseding 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 /amo 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. � � °vafo^m2.o='Determination m Applicability'rev.1zo4 Page smo � Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/Town,Zip ............ c.Check number d. Fee amount Important: 2. Person or party making request(if appropriate, name the citizen group's representative): When filling 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. Phone_N-umber ..... ------- Fax Number(if applicable} I 4:1 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)): ranxn ..................-- Name . ---------- ............ Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: ............. ................ ---------—--------- ----------- B. Instructions 1. When the Departmental action request is for(check one): F1 Superseding Order of Conditions-Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability-Fee: $120 El 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 Arflon Fee Transmittal Form-rev.12114 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Request for Departmental Action Fee ... ........... ...... Transmittal Form Provided by DEP 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 DPP Regional Office (see http://www.mass.00v/eea/aciencies/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. wpaforrTr2.duc-Request for Departmental Action Fee-Transmittal Form-rev.12114 Page 2 of 2