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Home My WebLink About- Permits - 111 PHILLIPS BROOKS ROAD 3/24/2021 M � nr��a��Jyl CONSERVATION DEPARTMENT Community Development Division. NEGATIVE ICE Y'ERMINATI+C►N OF APPIJC BIB.ITY SPECIAL., CONDITIONS .Atkinson School, 111 Phillip Brooks Road, North Andover, Tv1A At the Match 24, 2021 public Bearing, the North Andover Conservation Commission (IACC)voted to issue a Negative #3 Determination of Applicability for installation of an above-ground "reader device" to read tag numbers of vehicles picking up students at the school and associated underground electrical conduit within the 100-foot Buffer Zones to Bordering Vegetated'w'K/eland and swale at 111 Phillip gooks Road in North Andover. The project will conform to the following: Applicant: North Andover School District 566 Main Street North Andover,MA 01845 Representative: Stephen Foster. Town of North Andover Facility Department 384 Osgood Street North Andover, MA 01845 Record.Documents: Request for Determination of Applicability Form 1,Description of Work, and supporting materials, submitted: March 9, 2021 Record Plans: Atkinson School"Car.Pro" System Plan sketch plan final revision dated March 4, 2021 SPECIAL CONDITIONS: 1. Prior to the start of construction, the contractor will install erosion controls as approved by the. Conservation Department between the proposed work and wetland resource areas. 2. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 3. Any changes to the proposed installation shall be approved by the Conservation Department prior to implementation. 4. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:iittp://,,"v%v.townofnortliatidover.coin/Pages/"NAndoveri\IA1 Conser%,ationf9ndex 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 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission ................. only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the North Andover School District c/o Steve Foster .............. return key. Name Name 566 Main Street V'kA -Mailing Address Mailing Address North,Andover MA 01845 Cityrrown State T16_d6de_ '-Cityrrown -State Zip Code 1 Title and Date(or Revised Date, if applicable) of Final Plans and Other Documents: Atkinson School"Car Pro" System sketc-h-plan 03-04-21 Title Date ............ Title Date YiiW Date 2. Date Request Filed: 03-09-2021 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 an above-ground "reader"devices and associated underground electrical conduit locations shown on attached plan, 3,0'+/-of conduit to be installed along the edge of access drive pavement, trench 2'D x.5W. The reader device will be installed at the edge of pavement, see sketch, plan. Conduit will make a left turn and will run underneath existing pavement for a stretch of 80'+/-to school building. Microtrenching equipment will be employed to dig trench. Work to take place within 10 feet of channel at its closest point. Project Location: Phillips Brooks Road-Atkinson School North Andover Street Address City/Town Map 45B Lot 20 . - _ _ - - - ............... Assessors - Map/Plat Number Parcel/Lot Number wpaform2.doc,-Determination of App icabMty-rev.511 W020 Page 1 of 5 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 ILI B. Determination (cont.) The following Determinations) 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). 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. 171 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 documents) is within an area subject to protection under the Act and will remove, fill, dredge, or after that area. Therefore, said work requires the filing of a Notice of Intent. F] 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 pfan(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 Nvpaforrn2.doc-Determination of Appkabifily-rev.5118/2020 Page 2 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.) F] 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 Riverfronit 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. 171 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. F71 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. 171 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. ED 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). Installation of erosion controls between the edge of disturbed areas and the wetland resource area, pre-construction inspection of erosion controls with the Conservation Department, post construction site visit with, the Conservation Department to observe,final stabilized conditions and verify compliance. 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. vvpaform2.doc-Detorminalion of Applicabilfty-rev.611812020 Page 3 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands W For'PA Fo 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) F1 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 municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: HI by hand delivery on 171 by certified mail, return receipt requested on April 1, 21021 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 https://www.mass.gov/service-details/massdep-regional-offices- by-community) and the property owner(if different from the applicant). Issued at the March 24, 2021 NACC meeting wpal'orm1doc-Determination ct Applicability-rev.5/1812020 Page 4 of 5 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 C. Authorization (cont.) Signed by Amy R. Maxnier, Conservation Administrator as authorized by the North Andover Conservation Commission - See NE,R,D. Book: 16327 Page: 22 -----........... Signatures: Amy R. Maxner, Conservation Administrator ........... Signature Printed Name Signature Printed Name Louis Napoli, Chair Signature Printed Name Sean McDonough Signature Printed Name John Mabon Signature n nt ed Name Joseph L nch, .......... . Signature Printed- ' Fame -" -Signature—---------------------------------------------------- Printed Name .§i gna t u r e 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 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 https://www.mass.gov/service-details/massdep-re.gional-offices-by- community) 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.doc•Determination of Applicability-rev.511812020 Page 5 of 5