HomeMy WebLinkAbout- Permits - 492 SUTTON STREET 3/24/2021 CONSERVATION DEPARTMENT
Community Development Division
NEGA'rTVE, D 1"ERMTNA'I"TON OF APPLICABILITY
FINDINGS & SPECIAL CONDITIONS
Lawrence Municipal Airport, 492 Sutton Street, North Andover, MA
At the March 24,2021 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative # .3 Determination of Applicability for the upgrade and maintenance of three (3) security
access gates within the 100-foot Buffer Zones to Bordering Vegetated Wetlands at Lawrence Municipal
Airport. The upgrades are rewired to ensure that the airport is. secure. The Commission voted to grant a
waiver from the 25'NDZ as the applicant demonstrated that there are no alternatives to moving the work
outside this zone resulting in less impact to the buffer:zone. The work involves:
Gate 3: Work will occur within the 25-foot NDZ:
•removal&replacement of existing gate operator box & concrete pad.
•removal&replacement of existing card readers &associated tube footings with replacement of
electrical wires back to the gate operator.
•Uncover&modify existing utility trench between gate &supply pole, trench will be backfrlled to
match existing grade. 'french will occur in the turf area between drainage ditch&paved aircraft
apron.
•reclaim&replace existing paved approaches to the gate 4vith replacement ground pressure signal
loop wires in the pavement.
Gate 4: This gate is located outside of the 100-foot buffer zone, but a portion of the gate approach
pavement occurs just within the 100-foot buffer zone:
•reclaim&replace existing paved approaches to the gate with replacement ground pressure signal
loop wires in the pavement.
Gate G: Most of work will occur within the 25--foot 1`~',1DZ:
•removal&replacement of existing gate operator box& concrete pad.
•Removal&replacement of existing card readers&associated tube footings with replacement of
electrical wires back to the gate operator..
•remove &replace existing bollards & footings.
120 Alain Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:httia://-,v%vxv.to-vi oftiortliatidover.com/Pages/NAtidoverll\,IA—Conservatioii/index
•Uncover&modify existing utility trench between gate & supply pole, trench will be backfilled to
match existing grade. Trench will occur:in the turf area bordering the non-wetland side of the
road.
•Reclaim &replace existing paved approaches to the gate with replacement ground pressure signal
loop wires in the pavement
The project shall conform to the following:
Applicant: Lawrence Municipal Airport
492 Salem Street
North Andover, MA 01845
Representative: Randall P. Christensen
Stantec.Consulting Services, Inc.
136 West Street
Northampton, MA 01060
Record Documents: Request for Determination of Applicability Form 1,Letter.Dated March 5,
2021, and supporting materials, submitted: March 10,2021
Record Plans: Proposed Upgrades to Security Crates,Access Control System and Cameras
Prepared Per: Stantec Consulting Services,Inc., signed and stamped by
Dominic Zazzaro
Date: March 5,2021
SPECIAL CONDITIONS:
1. Prior to the start of construction,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.
2. 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.
3. Once erosion controls are installed, the contractor will contact the Conservation Department to
schedule a preconstruction meeting to inspect the installed erosion controls.
4. The Conservation Department has the discretion to modify the erosion controls (location and/or
BMP's) as deemed necessary based on site conditions.
5. Any changes to the proposed installation shall be approved by the Conservation Department prior to
implementation.
6. 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.
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120 Main Street,North Andover,TMasssachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://Nvm7Nv.to,,vnofnortlrandover.corn/Pages/NtlndoverAltl_C onservation/index
4
Massachusetts Department of Environmental Protection
ureau of Resource Protection - Wetlandsf A WPA Form 2 — Determination of ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When Ming 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 Lawrence Municipal Airport Commission
return key. 1,4 i,-me-.. ' - Name
492 Sutton Street
ray Mailing Address Mailing Address
North Andover MA 01845
City/Town State -Zip Code cit;7rro-W"--"'- -State- Zip Code
1. Title and Date (or Revised Date if appllicable) of Final Plans and Other Documents:
Upgrades to Security Gates, Access Control System & Cameras, prepared 03-04-2021
by Stantec, stamped & signed by Dominic Zazzaro Date
RDA and associated attachments, project description 03-05-2021
Title Date
Title Date
2. Date Request Filed:
03-10-20.21 ----....................
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):
A security upgrade to six existing vehicle access gates is proposed at the Lawrence Municipal Airport.
Three of the vehicle gates (Gates 3, 4 and 6)occur within the 100-foot buffer zone of bordering vegetated!
wetland. Upgrades involve some minor trenching for small diameter electrical conduit and repaving of the
gate approaches as shown on the attached plans. No work within wetland resource area, rare species
habitat or floodplain is proposed.
--- .............
...................
Project Location:
492 Sutton Street North Andover
Street Address Cityrrown
Map 34 Lot 26
Assessors Map/Plat Number Parcel/Lot Number
Nvpaforrn2.doo»Determination of Appfccablfity-rev,511 812 02 0 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
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).
F1 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.
0 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.
1771 4. The work described on referenced plan(s) and document(s) is withiin 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
wpaform2.doc•Determination of Applicability-rev,511812020 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.)
171 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:
.................
F] 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and doculment(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):
11 Alternatives limited to the lot on which the project is located'.
Fl 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.
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.
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.
El 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
0 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,
Conservation Dept. has discretion to modify erosoin controls, post construction site visit to
observe stabilized conditions, verify compliance and approve removal of erosion controls.
❑ 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 Determination of ApplicaWi ity-rev,5118/2020 Page 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.)
F] 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)
..........
l7l 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 appllicant and delivered as follows:
by hand delivery on Z by certified mail, return receipt requested on
April 1, 2021
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
wpaform2.doc-Determination of Applicability,ray.5/1812020 Page 4 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
C. Authorization (cont.)
Signed by Amy R. Maxner, Conservation Administrator as authorized by the North Andover
Conservation Commission, - See N.E.R.D. Book: 16327 Page: 22
9e -
Signatures:
..Arny R. Maxner, Conservation Administrator
Signature A Printed Name
Signature Printed Name
Louis Napoli, Chair
Signature Printed Name
Sean McDonough
Signature Printed Name
Joseph Lynch
Signature Printed Name
John Mabon
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 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,.,qov/service-detaiIs/massdeP-regional-offices-by-
communit )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.
wpaform2.doc-Determination of Applicability-rev.5/180020 Page 5 of 5