HomeMy WebLinkAbout- Permits - 100 WILLOW STREET 11/20/2019 i
CONSERVATION DEPARTMENT
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Corn nunttyr Development Division
NEGATIVE 43 DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
100 Willow Street, North Andover
The North Andover Conservation Conanaission (NACC) held the public hearing at its November 6,2019 and
November 20,2019 meetings, and voted to issue a Negative #3 Determination of Applicability with conditions for
proposed work at 100 Willow Street. The work includes full depth parking pavement replacement of approximately
9,000 s.f.,4,000 s.f. of which is in the 100' Buffer Zone to Bordering Vegetated Wetland,construction of a sediment
forebay and crushed stone infiltration shoulder at back edge of parking lot pavement. Installation of"No
Snow/No Salt" sign-age per the approved plan. The site's Operation &Maintenance Plan has been updated to
incorporate these new features accompanied by a revised "Drainage System.Key Plan".The project will conform to
the following approved documents and Special Conditions below:
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Applicant: Gourmet Specialty Foods
100 Willow Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted: October.24,2019
Including USES Locus flap,Riverfront Map,Topography flap,NHESP Map,
Plan (revised see below),Notification to Abutters,Abutters List
Prepared by:The Morin-Cameron Group, Inc.
Date: October 23, 2019
Record Plan: Title: Proposed Pavement Resurfacing Plan to Accompany Request for
Determination of Applicability
100 Willow Street, Sheet 1 of 1 —scale 1"=20'
Prepared by: The Morin-Cameron Croup, Inc.
Signed& Stamped By: Michael Laham,PE
Last Revised: November 14,2019
Other Record Documents: Letter with attachments dated November 14,2019
Long Term Stormwater Best Management Practices Opetation &Maintenance Plan
for 100"Willow Street,North Andover,MA
**'See Special Condition#3 Below for Sediment Forebay Maintenance Frequency
Drainage System Key Plan
Last Revised: November 14, 2019
Negative#3 Determination of Applicability �
Special Conditions
100 Willow Street,North Andover
Page 1 of 2
120 Alain Street,North Andover,Massachusetts 01845
]bone 978.688.9530 Fax 978.688.9542
We]): littp://-,v,�xxv.no,rtliatidover.gov
SPECIAL CONDITIONS:
1. Prior to the start of work, the applicant shall ensure that the site contractor has reviewed this Determination
and is aware of the wetland resource area and the limits of the proposed work.
2. Prior to work commencing, erosion controls shall be installed per the approved plan (12"minimum
compost or barb mulch sock) and an inspection Nvith the Conservation Department held to verify proper
installation and to review special conditions with site principals (applicant, contractor, engineer).
3. A post construction inspection shall be held with the Consetvation Department to inspect as-built
conditions and compliance with this approval and accepted plans and documents.
4. Maintenance of the forebay shall be undertaken at least two times (2,X) a year at the same time as the
infiltration basin.
Negative#3 DeterTnination of Applicability
Special Conditions
100 Willow Street,North Andover
Page 2 of 2
120 Main Street,North Andover,Nfassaditisetts 01845
Phone 978.68&9530 Fax 978.688.9542
Web: littp://',VNVW.nortliaiidover.gov
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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, §401
A. General' ]nformation
Important-,
When filling out From:
forms on the North Andover
computer, use Conservation Commission ..... .....
only the tat
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Gourmet Specialty Foods
return key. -Name Name
100 Willow Street
............
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:
Plan to Accompany Request for Determination of Applicability 100 Willow November 14, 2019
Street prepared b ...Morin-Cameron Group, Inc., Michael Laham PE Date
Letter RE: RDA- Plan Revisions prepared by Morin-Cameron M. Laham November 14, 2019
Title Date
............
Title Date
2. Date Request Filed:
October 24, 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):
Full depth parking pavement replacement of approximately 9,000 s.f., 4,000 s.f. of which is in the 100'
Buffer Zone to Bordering Vegetated Wetland, construction of a sediment forebay and crushed stone
infiltration shoulder at back edge of parking lot pavement. Installation of"No Snow/No Salt" signage,
Operation & Maintenance Plan updated to incorporate these new features accompanied by a
"Drainage.s stem Key Plan".
..............
...........
Project Location:
100 Willow Street North Andover
Street Address City/Town
Ma,p.98 D.- Lot 54
Assessors Map/Plat Number Parcel/Lot Number
wpaformMoc DMermination of ApplicaNfity-rev.12114 Page 1 of 5
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assachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
'PA Form 2 — Determination of Applicability
ILI 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).
El 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.
[:1 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.
F] 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 dOGUment(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.
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:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
Nvpaform2.doc-Determination of Applicability-rev.121M Page 2 of 5
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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 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:
T. 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.
Fl 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,
F1 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
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).
**See Attached Special 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.
N9paform2.doc-Determ6nafion of Applicability-rev,12114 Page 3 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.)
F-I 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)
171 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a mun,icipal 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
http:/Iwww-mass,govleea/ag e ncigs/massclep/about/con tacts/fi nd-th�e-massd e p-re gion a I-off ice-for-your-
city-or-town.html) and the property owner(if different from the applicant).
Signatures- ....It
o
I&"Ad�OLP jb�g�Q -
%vpafofw2.doc-Determination of Appficaeilitp rev.12J14 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
PA Form 2 — Determination of Applicability
LI W 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/agencies/massdlep/abOLIt/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 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 dearly 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.
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