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Home My WebLink About- Permits - 2 BLUEBERRY HILL LANE 2/13/2019 i r G 1 • qP�:T�, t J CONSERVATION DEPARTMENT Community Development Division NE GA IVE DETERMTN.AT1O N OF APPLIC.AI31LIT Y SPECIAL CONDITIONS 1, J 2 Blueberry Hill Lane At the February 13,2019 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the installation of an underground propane tank at 2 Blueberry Hill Lane. All proposed work will be done in existing lawn area outside the 50-foot No-Build Zone to a Bordering Vegetated Wetland (BVW). All of the work will conform to the following: Applicants/Owner: Siddharth Gehlot 100 Tower Office Park Suite-1 Woburn,MA 01801 Record Documents: Request for Determination of Applicability Dorm 1 and supporting materials, submitted:January 24,2019 Including: WPA Form. 1,Application Checklist,Plot Plan,TOPO Map,Location Map,Abutters Listing, Notification to Abutters Record Plan: Title: Portion of As-Built Site Plan b Prep y Prepared : LeBlanc Survey Associates, Inc. Date: February 2019 SPECL L CONDY11ONS: 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. Erosion controls (minimum 12" compost or bark mulch sock) shall be installed between the work and the wetland resource area. 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. 4. Upon completion of the approved project and site stabilization grass growing),please contact the Conservation Department for a final inspection. 120 !lain Street,North Andover,Massachusetts 01845 Phone 978,68&9530 Fax 978,68K9542 Web:lxttl)://Nv%vw.northandover,gov 4 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 A. General Information Important: When filling out From: forms on the Town of North Andover computer, use Conservation Commission only the tab key to,move To: Applicant Property Owner(if different from applicant): your cursor- I do not use the Siddharth Gehlot return key. Name Name 100 Tower Office Park Suited Mailing Address Mailing Address Woburn MA 01801 City/Town State Zip Code Cityrrown State Zip Code 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Portion of As-Built Site Plan February 8, 2_ql 9 Title Date _TqPp Map � _January_22, 2019 Title Date ..Location Map January_22, 2019 Title Date 2. Date Request Filed: 1/24/19 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): Install underground pr opane tank in the front yard within 100' of Bordering Vegetated Wetlang_LqVW J. Project Location: 2 Blueberry� Hill Lane North Andover _ _ _ . Street Address Cityrrown OWC 0079 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc,-Determination of Applicability-rev.12114 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). F-1 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. F1 2a. The boundary delineations of the followings 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. EJ 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 AN RAD 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 wpafomn2.doc-Determination of Applicability-rev.12114 Page 2 of 5 4 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 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 10.5,8(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. F1 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. F-1 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. F1 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. F-1 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 snot 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). Compost or bark mulch sock minimum 12"shall be installed between the work and the wetland. Once installed a preconstruction meeting with the site contractor and the Conservation Department shall be held. Once the site is fully stabilized the applicant/owner will contact the Conservation. Department fora 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, wpaforrn2,doc Determination of Applicability-rev,12114 Page 3 of 5 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 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: North Andover Nameof Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commisison _q�ter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: F-I by hand delivery on R/Iby 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 http://www.miass.gov/eea/agencies/miassdep/about/contacts/) and the property owner(if different from the applicant). Signatures: -gate — wpaform2,doc-Determination of Applicability-rev.12114 Page 4 of 5 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 'VITA 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/agiencies/massd!ep/ab�out/co.ntacts/)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-rev.12/14 Page 5 of 5 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.-Stre- t Kddress 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 Cityrrown State Ziip Code not use the return key. Phone Number Fax Number(if applicable) V 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation Q (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance(Form 6)): Name Mailing Address -State.........CitylTown 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) El 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 Action Fee Transmittal Form-rev.12114 Page 1 of 2 ILIMassachusetts 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 DER Regional Office(see http://www.mass..qov/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. wpaformIdoc-Request for Departmental Action Fee Transmittal Form-rev.12114 Page 2 of 2