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HomeMy WebLinkAbout- Permits - 97 COMMERCE WAY 4/28/2021 AW,Iah W CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 97 Commerce Way At the April 28,2021 public hearing,the North Andover Conservation Commission(NACC)voted to issue a Negative#3 Determination of Applicability with conditions for work proposed at 97 Commerce Way. The work includes: Verizon is proposing to install 590 feet of 1.25-inch diameter PVC piping within a 2-ft wide by 4-ft deep trench within the right-of-way of Commerce Way- connecting from an existing utlity pole to the buildin. The piping will be installed at the edge of the paved roadway. The purpose of the project is to improve communications to the Lawrence jet Center building. 12" mulch socks and silt fencing is proposed between areas of disturbance and the wetland. A majority of the proposed trenching will be within the 100-foot buffer zone-one section is within the 25' NDZ-but the 25 cannot be avoided no matter which side of the roadway the trench would go-even if the trench went inside the paved portion of the roadway. However the chosen shoulder side is the furthest from the wetland. The Commission voted to waive the 25' NDZ performance standards as the applicant demonstrated there are no alternatives to removing the work outside the 25' NDZ contingent upon the condition that the utility will install an extra empty conduit pipe to facilitate future utility needs and thus avoid re-excavation in this area. Applicant: Verizon New England,Inc. 385 Myles Standish Blvd Taunton,MA 02780 Owner: Lawrence Airport Commission 97 Commerce Way North Andover,MA 01845 Record Documents: • Request for Determination of Applicability Form 1,narrative,and supporting materials,submitted. April 5,2021 • Figure 3 Erosion Control Detail prepared by ES&M, scale I"=60' dated March 29,2021. Approval is subject to compliance with the following Special Conditions: 1. Installation of erosion controls between the edge of trench and the wetland resource areas and hold a pre-construction inspection of erosion controls with the Conservation Department 2. An extra empty conduit pipe,shall be installed within the trench to facilitate future utility needs and thus avoid re-excavation in this area. 3. Any extra spoils from the trench excavation shall be removed from site, 4. Post construction site visit with the Conservation Department to observe final stabilized conditions, verify compliance ai id approve removal of erosion controls, Page I of1 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, §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 Verizon New England, Inc. Lawrence Airport Comm. return key. Name Name 385 Myles Standish Blvd. 97 Commerce Way Mailing Address Mailing Address Taunton MA 02780 North Andover MA 01845 .d6 wn State Zip Code City rrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents' RDA with associated attachments April 5, 2021 Title Date Figure 3 Erosion Control Detail prepared' by ES&M, scale 1"=60' March 29, 2021 Title Date Title -bii"e" 2. Date Request Filed: April 7, 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): Install 590 feet of 1.25-,inch diameter PVC piping within a 2-ft wide by 4-ft deep trench within the right- of-way of Commerce Way-connecting from an existing utlity pole to the building. The piping will be installed at the edge of the paved roadway. A majority of the proposed trenching will be within the 100- foot buffer zone-once section is within the 25' NDZ ........... Project Location: 97 Commerce Way........... North Andover i-"--— --- -- -- —- -------- Street Address b -------- ity/Town Map 35 Lot 16A Assessors Map/Plat­N-6 m6eir——------- Parcel/Lot Number wpaform2.doc-Determinafion of Applicability-rev.511812020 Page 1 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.) 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 11. 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. El 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. ............ 1771 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 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 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 p,lan(s) and doicument(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.) 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: 171 7. 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): 1­1 Alternatives limited to the lot on which the project is located. 1­1 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. 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. F] 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. El 2. The work described in the Request is within an area subject to protection under the Act, but wiilll 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 after 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). 1. Install erosion controls between the edge of trench and the wetland, hold a pre-construction inspection of erosion controls with the Conservation Dept. 2. An extra conduit shall be installed. 3. Extra spoils from excavation shall be removed from site,. 4.Post construction inspection with the Conservation Dept. to verify compliance and approve removal of erosion controls F71 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-DeterminaVon of Applicability-rev.511 EV2020 Page 9 of 5 4 ILIMassachusetts Department of Environmental Protection Buireau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 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/fegulatory provisions) El 6. The area and/or work described in the Request is not subject to review and approval by: .f4ame of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name 4ame Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: El by hand delivery on 0 by certified'mail, return receipt requested on May 5, 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-detai Is/massdep-regional-off ices- by-communit ) and the property owner(if different from the applicant). April 28, 2021 v;paform2.doo-Determination of Appkability-rev.511812020 Page 4 of 6 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.Gi.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 Signatures:. . K-xt') Amy R. Maxner, Conservation Adiministrator Signature Printed Name ............ Signatuire Printed Name Louis Napoli, Chairman Signature -P 7n n itea Name' Albert Manzi, Jr, Signature Printed Name Joseph Lynch Signature Printed Name Sean McDonough Signature Printed Name Tony Capachietti 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 h ttps://www.mass.q ovIservice-detai Is/massd e p-reg ional-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 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. vvpaform2.doc•Determination of Appticability-rey�511812020 Page 5 of 5