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Home My WebLink About- Permits - 630 TURNPIKE STREET 2/18/2020 I l CONSERVATION DEPARTMENT' Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL, CONDITIONS & FINDINGS 630 Turnpike Street, Map 98D Lot 49, North Andover- The project will conform to the following Special Conditions and approved documents below. SPECIAL. CONDITIONS: 1. Prior to work commencing, erosion controls (entrenched and staled silt fence) shall be installed at the edge of the wetland. i 2. The proposed chain link fence shall be installed 4 feet from the edge of the easterly paved parking lot. 3. A preconstruction meeting shall be held with the Conservation Department held to verify proper installation and to review special conditions with site principals. 1 4. The disturbed areas within the 25' No Disturb Zone shall be raped and seeded with the native seed mix—see attached for seed mix sraecifications. 5. A post construction inspection shall be held with the Conservation Department to inspect as-built conditions and compliance with this approval and accepted documents Applicant: Blue Cod holdings 5 Oscars Way j North Reading, IVIA 01564 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted:. November November 25, 2019 Including: USOS Locus Map, Riverfront:Map,Topography Map,Notification to Abutters,Abutters List Prepared by: Mavros Company,LLC c/o Robert Gatta Record flan: Title: Ilan of Land in North Andover—630 Turnpike Street Revision, scale 1"=30' Prepared by: Acres Engineers,Surveyors Signed &Stamped.By: Alexander Crucioli, I..ast Revised: Febtuary 1,2020 Negative Determination of Applicibility Special Conditions&Findings. 630°Turnpike Street,'Map 98D 1A)t 49,North Andover Page 1 of 2 The North Andover Conservation Conic fission (NACC) held the public heating at its Decernber 11, 2019,January 8, 2020 and February 5, 2020 meetings, and after due discussion and consideration of information submitted, the NACC Noted to issue a Negative Determination of Applicability 93 for work proposed at 630'Turnpike Street. The following work is governed by this Determination of Applicability: • hot top repair, • installation of G' cedar fence at northerly side of property, • planting arborvitae shrubs, • his tallation of a 4' chain link fence 4 feet off easterly edge of paved parking lot, • installation of"No Snow Stockpiling" signs on chain link fence, • restoration and stabilization of disturbed areas of 25' No Disturb Zone at easterly edge of paged parking lot Improvements to the front entrance of the existing building are currently under construction but are outside the 100-Foot Buffer Zone. The NACC voted to grant a waiver to allow for work inside the 25' No Disturbance Zone in the form of a proposed chain link fence and reseeding,which in the NACC's opinion provides enhanced protection of the wetland and 25'No Disturb Zone resource areas over current existing conditions. Negative Determination of Applicability Special Conditions R Findings 630'Furnpike Street,Map 98D Lot 49,Nortb Andover Page 2 of 2 NIEW ENGLAND WETLAN:D PLANTS, IN 820 WEST STREET,AMHERST, MA 01002 PHONE:413-548-8000 FAX 413-549-4000 EMAIL: INFO@NEWPCOM WEB ADDRESS:WWW.NEWP.COM New England Conservation/Wild life Mix Botanical Name Common Name Indicator Vjwlns vil-giniells Virginia Wild Rye FACW- Schizachj,rhan scoparhon Little Bluestem FACU A ndrol.7ogon gerai-eiii Big Bluestem FAC Festuca rubi-a Red Fescue FACU Sorghastrian indanv Indian Grass UPL .......... Panician vit-galum Switch Grass FAC Cli(ii)iaeci-i,vtafascicitlat,,i Partridge Pea FACU Desmodium canadense Showy Tick Trefoil FAC Asclepias tuberoses -Butterfly Milkweed NI Bidensftondosa Beggar Ticks FACW Eiipaloi-i'titiipiti-piti-eiiiii(Ezitiwchhun maculahnn) Purple Joe Pye Weed FAC Rudbeckia hirta 1 Black Eyed Susan FACU- Aster pilosus(Symphyotrichum pilosunt) Heath(or Hairy)Aster UPIL Sol0agofinicea Early Goldenrod PRICE PER LB. $39.50 MIN, QUANIITY 2 LBS. TOTAL: $79.00 APPLY:25 LBS/ACRE:1750 sq ft/lb The New England Conservation/Wildlife Mix provides a permanent cover of grasses,wildflowers,and legumes For both good erosion control and wildlife habitat value.The mix is designed to be a no maintenance seeding,and is appropriate for cut and fill slopes,detention basin side slopes,and disturbed areas adjacent to commercial andresidential projects. New England'Wetland Piants,Inc.may modify seedmixes at any time depending upon,seed availability.The design criteria and ecological function of the mix will remain unchanged.Price is$/bulk pound,FOB warehouse,Plus SH and applicable taxes. 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WP —A Form 2 Determination of Applicability assachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From'. forms on the 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 Blue Cod Holdings return key. Name Name 5 Oscars Way C] Mailing Address Mailing Address North Reading MIA 01864 City/Town State Zip Code m City/Town State Zip Code 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Land in North Andover, MA-630 Turnpike Street Revisions, signed 02-01-20 &stamped by Alexander Crucioti PLS, scale 1"=30' -see conditions of DOA Date Title Date 4� ...... Itle Date 2. Date Request Filed: November 26, 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): Perform site and landscaping improvements that include: hot top repair, installation of 6' cedar fence at northerly side of property, planting arborvitae shrubs, installation of 4' chain link fence 4 feet off easterly edge of paved parking lot, installation of"No Snow Stockpiling"'signs on chain link fence, -restore and stablize disturbed areas of 25' No Disturb Zone at easterly_edge_9 .... ....... Project Location: 630 Turnpike Street North Andover Street Address City/Town Map 98D Lot 49 Assessors Map/Plat Number ParcellLot Number wpaform2.doo-Determination of Applicability-rev,12114 Page 1 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, §44 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). ❑ 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. ❑ 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. ❑ 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. ❑ 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 %waform2.doe-Determination of Applicability•rev.12114 Page 2 of 5 '.. 4 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability MON611A Massachusetts Wetlands Protection Act M.,G.L. c. 131, §40 B. Determination (cont.) 01 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: EJ T If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and docume,nt(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, 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. E] 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 35days 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. El 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). **See Attached Special Conditions & Findings" 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. wpaform2.doc•Delermination of Appkeabifity-rev.12/14 Page 3 of 6 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.) 0 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) 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 Chapter 190 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 2 -1 7 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 alI 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 htt Hwww.mas,s.00vleea/aaenci:es/massdeID/abouUcointacts/) and the property owner(if different from the applicant). Signatures: rg .................. Date wpaform2.doc Determination of Applicability-rev.12114 Page 4 of 5 4 L ",assachusefts 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 I I 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 ) 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.dor-Determination of Applicability-rev.12JI4 Page 5 of 5