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HomeMy WebLinkAbout- Permits - 505 SUTTON STREET 10/27/2016 1; Ll WPA Farm 2 _ Determination of Applicability i 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): i your cursor- do not use the Sutton Street Redevelopment, LLC return key. Name Name 231 Sutton Street, suite 1 B Mailing Address _._ Mailing Address North Andover MA 01845 City/Town State Zip Code Citytrown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: f Existing Conditions Plan in North Andover, Massachusetts, 505 Sutton September 29, 2016 Street Date t Title Cate Title Date 2, Date Request Filed: October 3, 2016 I i B. Determination f Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your j Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Confirmation that only Buffer Zone to Isolated Vegetated Wetland (local jurisdiction only) exists on the subject r�op_erty. No other state or locally jurisdictionaN resource areas are found on the site. Project Location: I 505 Sutton Street North Andover i street Address City/Town Map 74 _ Parcel 23 Assessors MaplPlat Number ParceKot Number w,paform2.rloc•Determination of Applicability-rev.12l14 Pagel of 5 i r L y G / WPA Form 2 — Determination of Applicability B. determination (cant.) The following Determinations) islare applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: i 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 j 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. t 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. i [1 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. [J 3. The work described on referenced plan(s) and document(s) is within an area subject to f protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work 1 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: North Andover i Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetlands Protection Bylaw _ Offer 175 Name Ordinance or Bylaw Citation wpaform2.doe-Determination of Applicability•rev,12/1 A page 2 of 5 LdCAL /3 44a Z O.O.Ow- LlWPA Form 2 — Determination of Applicability J B. Determination (cont.) Z 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: Buffer Zone to Isolated ylegetated Wetland i F-1 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 I 0.58(4)c. for more information about the scope of alternatives requirements): R Alternatives limited to the lot on which the project is located. El 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. R 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. R I. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. R 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. R 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). R 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.12/14 Page 3 of 5 I q r I WPA Form 2 — determination of Applicability 1 B. Determination (cont.) J ❑ 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: i Exempt Activity(site applicable statuatorytregulatory provisions) .w.. l El 1 6, The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Chapter 176 Name ordinance or Bylaw Citation i C. Authorization This Determination is issued to the applicant and delivered as follows: © by hand delivery on Z 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 Focal 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 htt ://www,mass. ov/eea/a encies/massde /about/contacts/f i-the-massde ional-office-for our- city-or-town.html) and the property owner(if different from th pplicant). Signatures: i 1 Date W,paform2.doe-Determination of Applicability rev.12114 Page 4 of 5 4 A i ILI WPA Farm 2 -- Determination of Applicability D. Appeals 1 I The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land k upon which the proposed works is to be done, or any ten residents of the city or town inwhich such land is i located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see hft ://www.mass. ov/eealaa encies/massde /about/contacts/find-the- massde -re ianal-ofhce-for our-cit -or-town.htmN)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. i i I wpaform2.doc Determination of Applicability-rain.12114 Page 5 of 6 DFP File Number: Request for Departmental Action Fee j Provided by DEP Transmittal Form A. Request Information 1 1. Location of Project a.Street Address b.CitylTown,Zip o,Check number d. Fee amount Important: 2. Person or party malting request (if appropriate, name the citizen groups representative): When filling out forms on the computer„ Narri� use only the tab key to Mailing Address move your Cursor-do Cityfrown State Zip Code ; not use the —. retuirn key. Phone Number — Fax Number(if applicable) res 3. Applicant as shown on Determination pp y ( 2), Order of Resource Area Delineation pp ( ation of A licabilit Form (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 4. DFP File Number: 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) ❑ Superseding Determination of Applicability—Fee: $120 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, NSA 0211 wpaform2.cfoo Request for Departmental Action Fe®Transmittal Form•rev.1.2115 Page 1 of 2 n DEP File Number: Ll Request for Departmental Action Fee Transmittal Farm Provided by DEP i t B. Instructions (cent.) i Z 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 bequest for a Superseding Determination or Order by certified mail or hand' delivery to the appropriate DEP Regional Office (see htt ://www,mass. ov/eea/ag enci'es/massde /abouit/contacts/j. 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. i i i i i i i I wpaform2.doc Request for Departmental Action Fee Transmittal Forme•rev.12115 Page 2 of 2