HomeMy WebLinkAbout- Permits - 575 OSGOOD STREET 7/10/2019 i
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CONSERVATION DEPARTMENT J
Community Development Division
NEGATIVE DETERMINXI'ION CST APPLICABILITY
SPECIAL CONDITIONS I
575 Osgood, North Andover
At the July 10, 2019 public bearing, the North Andover Conservation Commission (NACC) voted to issue a
Negative # 3 Determination of Applicability for work proposed at 575 Osgood Street. The work includes installing
ne-w service connections to gas back-up generators located along the roadway. Three of the gas lime connections are
partially within the 100' buffer zone of Bordering Vegetated Wetlands (BV ), but outside of the 50'No-Build
zone. The project will conform to the following:
Applicant: Columbia Gas of Massachusetts
2021 Nest State Street
New Castle,PA 16101
Property Owner: Edgewood Retirement Community, Inc.
575 Osgood Street
North Andover,MA 0184,5
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted on:June 17, 2019.
Including: USOS Locus Map, Riverfront Map,,topography:Map, NHESP Map,
FEMA Map, Project Narrative, Site Photographs, Site Plan,Notification to Abutters,
Abutters List, RDA application Checklist
Prepared by: Merrill Engineers and Land Surveyors
Date:June 10, 2019
Record Plan: Title:Wetland Delineation Overlay Plan--Aerial Maps
Prepared by: Merrill Engineers and.Land Surveyors
Last Revised: May 2019
SPECIAL 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. Erosion controls (compost or bark mulch sock minimum 12" no plastic nett. g,backed by trenched siltation
fence) shall be installed between the proposed work and the adjacent wetland resource areas.
120 Nlain Street,North Andover,Massachusetts 01845
Plhone 978.688,9530 Fax 978.688.9542
Web: It ttp://Wwv-,v.trot tltstttdover.gov
3. Silt sacks shall be installed in the four catch basins near the proposed work.
4. Once erosion controls/silt sacks are in place and prior to the start of work, the applicant shall arrange a
preconstruction meeting at the site with the Conservation Department.
5. Work shall be limited to the length that can be installed and backfilled in one day.
6. No work shall be performed along resource areas during rain conditions.
7. No soil shall be stockpiled ovefnight,,vid-.Lin the wetland buffer zone. All unused soils shall be removed and
disposed of according to applicable laws.
F. Backfill in the trenches shall be sodded so that the disturbed ground is returned to its original state. If
necessary, these disturbed area shall be covered with hay mulch to prevent erosion during rain events and to
protect the applied seed.
9. Upon completion of the approved project,please contact the Conservation Department for a final inspection to
approve erosion control removal.
NEGATIVE DETERMINATION OFAPRUGI18IL17Y
SPE-7CL41-CONDITIONS
5750s,good,Noi-th Andover
Page 2 of
120 Alic i Street,North Aridover,Missaclittsetts 01845
Plione 978,6,88,9530 Fox 978.688.9542
Web: http://,,vxv%v,nortli,,ii-idoNcr.gov
LlMassachusetts 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 �i�onservatior-_Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Columbia Gas of MA
Edgewood Retirement Community, Inc.
return key. Name Name
2021 West State Street 575 Osciood Street
V
Mailing Address Mailing Address k] New Castle PA 16101 North Andover MA 01845 i
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Wetland Delineation Overlay 3 Sheets
Title Date
�itePhqtograplhs Rcvd 06-17-19
Title Date
_Projeqt Narrative Rcvd 06-17-19
Title Date
2. Date Request Filed:
06/17/2019
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):
Installation of new service connections to gas back-up generators along the roadway. Three of the
gas line connections are partially within the 100' buffer zone of Bordering Vegetated Wetlands (BVW), but
outside of the 50' No-Build zone.
Project Location:
575 Osgood Street North Andover
Street Address City/Town
036.0 0003
Assessors Map/Plat Number Parcel/Lot Number
wpaformIdoc-DeterminaCion of Applicability-rev.12114 Page 1 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WP,A Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L c. 131, §40
B. Determination (cont.)
The following Determi nation(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 Art.
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.
El 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 d:ocument(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.do,c•Determination of Applicability•rev.12114 Page 2 of
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.)
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 10,58(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.
F-1 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
El 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.
M 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).
Erosion controls, pre/post construction inspection (see attached letter for full list of condition.,S)
n 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
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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
B. Determination (cont.)
171 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 ActivityActiVity(site applicable statuatory/regulatory provisions),
El 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 �17�_...
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as folIows:
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 http://www.miass,gov/e,ea/agencies/massdep/about/contacts/)
and the property owner(if different from the applicant).
Signatures:
Iaae
wpaform2,doc•Determination of ApplicabiRty rev,12114 Page 4 of 5
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LIMassachusetts Department of Environmental Protection I
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 hand
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 httr)://www,mass.gov/eea/agencies/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 Bequest for
Departmental Action Fee Transmittal Form) as provided in 310 CMB 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 Commiission 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 t
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.
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wpaform2,doc Determination of Applicability•rev.12/14 Page 5 of 5
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
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
2. Street Address b, CityTrown,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 Cltyfravvn"i State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
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):
171 Superseding Order of Conditions—Fee: $120.00(single family house projects) or$245(all other
projects)
[:1 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 Pagel of 2
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental' Action Fee Provided by DEP
, Transmittal Form
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 DEP
Regional Office (see http://www.mass.gov/eea/agencies/massdep/abouttcontacts/).
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 Transmktal Form rev,12114 Page 2 of 2