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Home My WebLink About- Permits - 206 OLYMPIC LANE 7/22/2020 CONSERVATION DEPARTMENT Community Development Division POSITIVE #1 & #3 DETERMINATION OF APPLICABILITY FINDINGS ADDRESS: 206 Olympic Lane At the May 27, 2020 and July 22, 2020 meetings, the North Andover Conservation Commission (NACC) held the public hearing and voted to issue a Positive Determination of Applicability #1 and #3 for work proposed at 206 Olympic Lane. The work includes removal of 9 large pine trees within 100-Foot Buffer Zone associated with Bordering Vegetated Wetland, the 200-Foot Riverfront Area associated with Boston Brook and Natural Heritage &Endangered Species Priority Habitat, seven of the trees are within the North Andover 25-Foot No Disturb Zone. After extensive discussion and consideration, the NACC voted unanimously to issue a Positive Determination of Applicability and require that a Notice of Intent be submitted for this work. Along with the customary attachments and supplemental information as required by North Andover Wetland Protection Regulations, the NOI shall be accompanied by a restoration-planting plan to mitigate the removal of said trees from these resource areas. Said restoration plan must be prepared by a qualified wetland consultant, which includes a planting schedule and monitoring regime. --- —- -- --- - --------------------------------------------------------------------- — - — -- 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://xv\v\v.northandover.gov 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131. &4O A. General Information Important: When filling From: ingout � forms onthe North Andover computer, use Conservation Commission only the tab key bomove To: Applicant Property Owner(if different from opp|ioont): your cursor' du not use the Gary Sid ell return key. Name Name 2US Olympic L VQ Mailing Address Mailing Address North Andover MA 01845 Cityrrown 8late Zip Code City/Town State Zip Code ~---~---^ 1. Title and Date (or Revised Date if applicable) uf Final Plans and Other Documents: RDA Application d associated attachments Mav 13 2020 Title Date ll�� Date Title Date 2. Date Request Filed: May 14 2020 B. Determination Pursuant to the authority of&1.G.Lo. 131' §4Q the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Removal of nine large white pine trees within 200-Foot Riverfront Area, NHESP Priority Habitat, and 10O-Fuot Buffer Zone ho Bordering Vegetated Wetland. Seven nf the trees are within the North Andover 25-FoutNo Disturbance Zone. *See attached Findin ^ Project Location: ZO6 Olyrnpi L n North Andover Street Address City/Town KAa 1O6B Lnt12Q Assessors Map/Plat Number Parcel]Lot Number � 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.) The following Determination(s) is/are applicable to the proposed site and/or projectrelative ho the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction nf the Wetlands Protection Act may proceed until o final Order of Conditions (issued following submittal ofa Notice of Intent orAbbreviated Notice of Intent)or Order uf 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). [0 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. R 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 astn all decisions rendered Pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for ae long aa this Determination isvalid. Fl 2b. The boundaries of resource areas listed below are not confirmed by this Dehmrnoination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. 0 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 ofa Notice ufIntent. 11 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 Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). 11 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name ofMunicipality Pursuant to the following municipal wetland ordinance orbylaw: Name Ordinance ur Bylaw Citation vipam,mu.am'Determination u/Applicability'rev.nweao n Page ewn 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. c. 131' @40 B. Determination (cont.) F] 6. The following area and/or work, if any, ie subject[oa municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: �] 7. |falloUoeof|ntent |s filed for the work in the Riverhnnt Area described on referenced p|an(e) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer tn the wetland regulations at 10.58(4)c. for more information about the scope nf alternatives nequ|ranoente): Fl Alternatives limited to the lot oD which the project ig |000bad. [] /Ah*rnsdiman limited to the lot on which the project is located, the subdivided |ote, and any adjacent lots formerly nr presently owned by the same owner. 1771 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. ydeBa0Ve 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 un|eaaiheDepartmanttai|ahoactonauchnaqueotvvithin35daynnfthedate 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. [] 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 1771 2. The work described in the Request is within an area subject to protection under the Act, but will not nemove, fi||, doedge, or alter that area. Therefore, said work does not require the filing of Notice ofIntent. 1771 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). _ �] _ 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. 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.[ C. 131' G40 B. Determination /cC)Df.\ �] 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 nf Intent io required: Exempt Activity(site applicable statuutory/re8vlatnryprovisions) Fl 6. The area and/or work described in the Request is not subject to review and approval by: Name nfMunicipality Pursuant toa municipal wetlands ordinance orbylaw. Momn Ordinance o/Bylaw Citation C. Authorization This Determination io issued ho the applicant and delivered osfollows: Fl by hand delivery on 0 by certified mail, return receipt requested on August 4 2.0,20 Data 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, abata, or local ntetutee, ordinances, bylaws, orregulations. This Determination must ba signed bya majority ofUlaConmervstinnComminsinn. /\onpynnuotbeeentho the appropriate DEP Regional Office(see and the property owner(if different from the app|icanU. .*"m.mu.u='Determination m Applicability`rev.e1oomn Page*wo � 4 � � � Massachusetts Department of Environmental Protection � ILIUFe@UCf ReSOUrCeP[OfectiOD - Wetl@Dds WPA Form 2 — Determination of Applicability � M@88@ChUs8ttS VVet[8OdS Fz[O[eCtiOD Act M.G.L. C. 131, &40 C. Authorization (cont.) "Signed by Amy R. Maxner, Conservation Administrator, as authorized by the North Andover Conservation Commission 8 NERD Book: 10327Pa e 22 Signature Amy R. Maxner, Conservation Administrator Signature Printed Name Signature Printed Name A|bertN1anzi Jr. Signature Printed Name Sean McDonough 8ignatum Printed Name DehonahFe|tovic Signature Printed Name Joseph Lynch Signature Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work ishobe done, or any ten residents Vf the city ur town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see co=Mjit )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 uf 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. °*am,m2.om'Determination o/*pp/^cammv'rev.m`mrmn Page*ofs