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Home My WebLink About- Permits - 440 OSGOOD STREET 10/23/2019 CONSERVATION DEPARTMENT C,onarnunity Development Division NEGATIVE DE TERMINATION OF APPLICABILITY SPECIAL CONDITIONS � 440 Osgood Street, North Andover I At the October 23, 2019 public bearing, the North Andover Conservation Cot miission (NACC)Noted to issue a Negative Determination of Applicability#3 for work proposed at 440 Osgood.Street. The work includes installing a new gas service connection via the open trenched method within the existing paved roadway and maintained lawn/landscaped areas. The entire service connection is within the 1 00' buffer:zone of Bordering Vegetated Wetlands (BA ) (trenching within roadway may fall within the 25'No Disturb Zone, but is within existing paved right of way) along the east side of Osgood Street. The project will conform to the following: Applicant: Colunxbia Gas of 14lassachusetts 2021 West State Street New Castle, PA 16101 property Owner:: Brian &Danielle Sams 440 Osgood Street North Andover,TYLA 01845 Representative: Merrill Engineers and Land Surveyors Dana Altobello,PE 427 Columbia Road Hanover, MA 02339 Record Documents: Request for Determination of applicability Form 1 and supporting r-aaterials, submitted: September 18, 2019 lncludirig: 'USGS Locus Map, Riverfront Map,'I"opography Map, NHESP Map, FElv1A Map,Plot Plan, Site Photographs,Notification to Abutters,Abutters List Prepared by: Merrill Engineers and Land Surveyors Date: September 13,2019 Record Plan: Title:Wetland Delineation Overlay Plan (aerial map) Prepared by: Merrill Engineers and Land Surveyors Last Revised: September 2019' SPECIAL C;ONDITIONS: 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. 120 Alain Street,Nooh Andover,M assacb asetts 01845 Phone 978.688.9530 Rax 978.688.9542 Web: http://-,v-,,,,+,v.nortli,,iticlover.gov 2. Erosion controls (12"tnininiurn compost or lark mulch sock) shall be installed between the area of work and the wetland resource area, as shown on the site plan. Silt sacks shall also he installed in an), downstream catch basuYs within the work area. 3.. All other applicable pern:urts shall be secured before work commences. 4. Once erosion controls are in place and prior to the start of work, the applicant shall arrange a preconstruction tneeting at the site with the Conser%,ation Department. 5. Upon completion of the approved project,Tease contact tlse Conservation Departi-nent for a finial inspection to approve erosion control removal. Me afim Detenwinat on gfApplicalVli�, Special Coilditions 440 Osgood Smee1,ATorlh Andom), Page2af2 I i 1.20 Main Street,North Andover,Alassachusrats 01845 Plnnarne 978.688.9530 Fax 978.688.9542 Web:lit tp://www.aiortliiiidoNrer,gov, 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 Massachusetts Brian, & Danielle Sams return key. Name Name 2021 West State Street 440 Osgood Street rah Mailing Address Mailing Address New Castle PA 16101 North Andover MA 01845 CityfTown State Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: USGS Map, FEMA Map, NHESP Map September 2019 p� Title Date Wetland Delineation Overlay-Plan (aerial ma j September 2019 Title Date Tifle Date 2. Date Request Filed: 9/2612019 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): Gas service connection installed via open trench method. All work is within existing paved roadway and maintained lawn/landscaped areas. The entire service connection is located within the 100' buffer zone of Bordering Vegetated Wetlands (BVW), Project Locatiom 440 Osgood Street North Andover tyfroWn Street Address ci 102.1 - 0003 Assessors Map/Plat Number Parcel/Lot Number vvpalorm2.doc,-Determination of Applicability-rev.12114 Page 1 of 5 Massachusetts Department of Environmental Protection LABureau of Resource Protection - Wetlands W PA —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). E] 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. [I 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, El 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). El 5. The area and/or work described on referenced plan(s) and clocument($) is subject to review and approval by: Name of Mu n icipa I ity Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpeform2.doc-Determination of ApplfcabMly-rev,12114 Page 2 of 5 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.) 0 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: El 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): El 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. E] 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. El 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. 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 fulll list of conditions) ................ ........ .............. El 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. %vpaform2,doc Determination of AppficabHity-rev.12114 Pop 3 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,) 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 _Chap er I qO Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: El by hand delivery on by certified mail, return receipt requested on 1 -17" � 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 htip1/www.mass. ov/eea/agencies/massdep/about/contacts/) and the property owner(if different from the applicant). A Signatures: ........... Date vvpafofm2.doc-Determination of AppTicablity-rev.12/14 Raga 4ofS 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 Thee 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 ) 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. vrpaforrnZdor Determination of Applicability-rev.121114 Page 5 of 5