HomeMy WebLinkAbout- Permits - 492 SUTTON STREET 2/13/2019 I
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DE TERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Lawrence Municipal Airport—Vegetation Maintenance
At the February 13, 2019 public hearing, the North.Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for vegetation maintenance consistent with the approved methods
contained in the Vegetation Management flan (VMP) approved under DEP File 242-1347 (COC June 2018).
Vegetation Management methods include rough mowing (in uplands), target specific herbicide application and other
work detailed in Year 1 of the Yearly Operation Plan (YOP).Vegetation Management is proposed within wetland
resource areas and the associated buffer zones. All of the work will conform to the following:
Applicant: Lawrence Municipal Airport Commission
492 Sutton Street
North Andover, MA 01845
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Representative: Stantec Consulting Services, Inc.
Randall Christiansen
136 West Street Suite 203
Northampton, MA 01060-3711
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted:.January 15, 2019
Including: Letter from Stantec dated January 14, 2019;Abutter List&Notification to
Abutters; Guidance Document for Lawrence Municipal Airport Vegetation
Management Plan Yearly Operational Plan (YOP) Update (September 2017)
including Sections 1.0-8.0,Talbes 1-11, and Appendices A-C; copy of Order of
Conditions DEP File #242-1347.
Record Plan: Title: Site Plan 2018--2022 Yearly Opeational Plan Update
Prepared by: Stantec Consulting Services, Inc.
Date: 08/27/14
Tide: Site Plan 2018-2022 Yearly Operational Plan Update—Year 1
Prepared by: Stantec Consulting Services, Inc.
Date: 09/2'9/17
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120 Nfidn Street;North Andover,Massachusetts 01845
Phone 978.688.9'530 Fax 978.658.9542
WeU littp://`vvvvxv.noithandover,gov
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Special Conditions:
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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. j
2.. A construction schedule shall be provided to the Conservation Department prior to the start of the project
detailing the start and duration of work in each area. The Conservation Department shall be notified prior to the
start of any component of work on the Year 1 YOP and may request a preconstt-uction meeting with the
applicant and the contractor to review the proposed work and the project area.
3. Work shall be conducted in strict compliance with the Guidance Document for Lawrence Municipal Airport
Vegetation Management Plan Yearly Operational Plan Update referenced herein. Only work described in the
YOP'Year 1 is approved.
4. The applicant has agreed to continue targeting invasive species including Elaeagnus xr: bellata(Autumn olive),
Rhawnus cathartica (Common buckthorn) and.Fwngula alma(Glossy buckthorn).
5. Upon completion of the Year 1 YOP please contact the Conservation Department for a final inspection of
managed areas.
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120 i bin Street,North Andover,Mass,,chusetts 01845
Phoney 978.688,9530 Fnx 978.688.9542
Vela:http://-%v%v�v.nortliatidover.gov
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G1. 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 Lawrence Municipal Airport Commission
returns key, 'N-ame Name
492 Sutton Street
rat Mailing Address Mailing Address
North Andover MA 01845
Cityrrown State Zip Code City/Town State Zip Code
1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plan 2018-2022 Yearly Operational Plan Up-gate 08/27/14
Title Date
Site Plan 2018-2022_ Yearliypperaiona_l Plan Update -Year 1 09/29/17
Titte Date
Title Date
2. Date Request Filed:
.4anuayr _15, 2019
B. Determination
Pursuant to the authority of M.G.L. c. 13,1, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Implementation of a vegetation maintenance Yearly Operational Plan Update within previously
approved vegetation management areas of the 2006 Lawrence Municipal Airport Vegetation Management
Plan (Order of Conditions#242-1347). The YOP Update is a 5 year vegetation maintenance plan for the
Lawrence Municipal Airport. The document contains two plans; a Year 1 plan depicting proposed
maintenance areas to be addressed under Year 1 of the plan, and an overall site plan showing al,l
vegetation management areas that will be maintained over the 5-year span of the YOP Update.
Maintenance areas and maintenance methods are from the original Lawrence Municipal Airport
Veg_eta�fionMar�qgement Plan.
Project Location:
492 Sutton Street North-Andover.---..
_Street Address City[Town
34 26
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc-Determinafion of Applicability-rev.12114 Page 1 of 5
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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.)
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.
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).
5. The area and/or work described on referenced pian(s) and document(s) is subject to review
and approval by:
Name-ofMur�ic-ipality '
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
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Massachusetts Department of Environmental Protection
ILIBureau Qf Resource Protection - Wetlands
WPA Form 2 __ Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 131. §40
B. Determination (cont.)
0 U. The following area and/orwork if any, is subject to municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
F-1 7. If Notice of Intent|s filed for the work in the R|verfnontArea 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 at10.5G(4)c. for more
Knfonnm1|om about the scope of alternatives requirements):
Alternatives limited to the lot onwhich the project is located.
�l Alternatives limited to the lot nnwhich the project is |ooebad, the subdivided Untm, and any
adjacent lots formerly or presently owned by the same owner.
Fl Alternatives limited tm 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.
[l 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 un|esstbeDepmrtnmemt0e||stouotonmuohmoquestwithin35daysnfthe date the
mea�K� post-marked fo,oe�|f|edm�Uorh�nddeUvene� tn[h� ��p��rnent VVorkmay then proceed
request �
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed ot the end nf this document.
[l 1. The area described |n the Request ia not am area subject hu protection under the Act urthe
Buffer Zone.
2. The work described inthe Request ia within anarea 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 ofIntent,
3. The work described |nthe Request im within the Buffer Zone, as defined |n the regulations, but
will not alter en Area subject to protection under the Act. Therefore, said work does not require
the filing ofa Notice of Intent, subject bu the following conditions (if amy).
1. A schedule of vegetation management activities and their duration shall be provided 2. Work
shall be conducted |n strict compliance with the submitted Guidance Document. Only Year j
activities are approved 3. Applicant shall continue tu target invasive species ee part of the VK8P4.
U completion of Year 1 activities a final iOs otionmfvvoFka[easmha|Uboconduoted
�l 4. The work described im the Request]s not within onArea subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing ofg Notice ofIntent,
unless and until said work alters an Area subject tm protection under the Act.
wp°wrmu,m=`Determination m Applicability^rev,1xn4 Page ou/:
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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.)
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 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:
North Andover
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
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 httoa/www.mztss.gov/eea/agencies/massdeo/abo�at/eontactsl)
and the property owner(if different from the applicant),
Signatures:
7"
Date
wpaforrnldoc-❑Determination of AppliraUfity-rev.12114 Page 4 of 6
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 htt //www.mass,gov/eea/agencies/massdep/abouticontacts/) 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 CIVIR 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-rear.12/14 Page 5 of 5
Massachusetts Department of Environmental Protection
aP Fife Number.
ILI Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee �_..
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Transmittal Form Provided by DAP
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: Person or 2. art making request if appropriate, name the citizen rou 's representative):
When filling
p' :
p p
out forms on
the computer, name
use only the
tab key to l a11ing Address
move your
cursor-do CitylTown State Zip Code
not use the
return key. Phone dumber Fax Number(if applicable)
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 A), or Notice of
Non-Significance(Form 6)):
Name
f�Iailing
Address
City,7own State Zip Code
Phone Number Fax Number(if applicable)
4, DRP File Number:
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B. Instructions
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)
0 Superseding Determination of Applicability— Fee: $120
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F1 Superseding Order of Resource Area Delineation —Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
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Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2,doc•Request for Departmental Action Fee Transmittal Form•rev.12114 page I of 2
LlMassachusetts Department of Environmental Protection DEP Fille Number:
Bureau of Resource Protection -Wetl:ands
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.
I 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:/lwww.mass,gov/eea/agencies/massdep/about/conitacts/).
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.12114 Page 2 of 2