The URL can be used to link to this page

Home My WebLink About- Permits - 168 CAMPBELL ROAD 5/26/2021 A= 1qW CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS&FINDINGS ADDRESS: 168 Campbell Road At the May 26, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability with conditions for work proposed at 168 Campbell Road. Work involves: installation of a natural gas PVC pipe to connect the property to the gas main in Campbell Road. The line will be installed in an existing driveway for a 25'long stretch closest to Campbell Rd and the remainder will be installed along the edge of the driveway on the Southwest side. Work is within the 25' NDZ to wetlands located on either side of the driveway. A vernal pool is located in the easterly side of the driveway. A trench 1-2 feet wide by 2-3 feet deep will be dug using backhoes or excavators. Trenching operations will be limited to the length that can be completed in one day (approximately 50-200 feet depending on field conditions). Excavated material will be temporarily placed alongside the trench and re-used as backfill. The pipe will then be installed , backfilled and tamped. Previously paved areas within the public way will be repaved, and any remaining excavated material will be the responsibility of the homeowner. Restoration of the lawn and driveway within the property limits will also be the homeowner's responsibility. Three large boulders will be placed along the at the west side of the driveway shoulder. The trench will be within 25 feet of the wetland and a waiver request was submitted evaluating alternatives involving gas extension off of Lyons Way,however this route was not feasible due to a large amount of ledge, boulders and larger trees between Lyons Way and 168 Campbell Road. 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 that results in less impact. Applicant/Owner: Aleksandr Yasonik 1.68 Campbell Road North Andover,MA 01845 Record Documents: • Request for Determination of Applicability Form 1,narrative and supporting materials, submitted: April 29, 2021 • Existing Site Plan Annotated by applicant to show proposed gas line e EverSource Energy Project Description Approval is subject to compliance with the following Special Conditions: Page I of 2 1. Erosion controls (12" mulch socks) shall be installed between the work area and the wetland along the trench route, all area catch basins to be protected with silt sacks and a pre-construction meeting with the Conservation Department shall be scheduled to inspect the erosion controls. 2. Any excess excavated soils not used to backfill trench shall be taken off site. 3. Post-construction inspection with the Conservation Department to verify compliance Page 2 of 2 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection -Wetlands L-1 ��y�� w� Determination~ �~ � Applicability ��~U~� ��v� Form �� — ��^��00U��~U�� . x��K�.U��U�k�y Massachusetts Wetlands Protection Act M.G.L. c. 131. Q40 ------------------ ^&. GeneralUnformat~on Important: VV From: forms When �n � fonnaonthe North Andover computer, use only the tab Conservation— --Commission- - key tumove To: Applicant Property Owner(if different from app|iconU: ynurnumnr- domtumadhm AhekuondrYaoonik return key. Name Name 1S8 Campbell R d Mailing Address Mailing Address North Andover MA 01845 ��_ �� _' ��e ~--~�--~ 1 Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Existing Site Plan Annotated bapplicant boehow d |i Rnvd April 20 2021 Title Date rS Energy P Ruvd h| 29, 2021 Title Date Title Date 2. Date Request Filed: 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 opp|icable): Installation of a natural gas PVC pipe is proposed. The line will be installed in existing driveway for a 25' long stretch closest to Campbell Rd and the remainder will be installed along the edge of the driveway on the Southwest side. A trench 1-2 feet wide by 2-3 feet deep will be dug using backhoes or excavators. Trenching operations will be limited to the length that can be completed in one day(approximately 50-200 feet depending on field conditions). Excavated mehariu|will be temporarily placed alongside the trench and re-used as backfill. The pipe will then be installed, backfilled and tamped. Previously paved areas within the public way will be repaved. 3 large boulders to be placed at west of driveway entrance. Project Location: 1O8Campbell Road North Andover Street Address City1Town _Map 108B Lnt77 Assessors Map/Plat Number P-_'_-N _ °n*=" .d°'Determination mAp*vabav're"e1oumn Pagel ma 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' &4U 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). R 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. [l 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 oe long mu this Determination invalid. [] 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. F] 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 ofo Notice ofIntent. Fl 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). Fl 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Pursuant to the following municipal vwa|and ordinance orbylaw: 4 Massachusetts Department of Environmental Protection LlBureau of Resource Protection -Wetlands WA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ 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 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): ❑ 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. ❑ 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. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 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" ❑ 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 Applicability•rev.511612020 Page 3 of 5 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetl8Dds WPA Form 2 — Deter00~nat^on of AKDKDU~cab^K~ty Massachusetts Wetlands Protection Act K8.{3.L. C. 131, §4O B. Determination (cont.) LJ 5. The area described in the Request im subject to protection under theAo . Since the work described therein meets the requirements for the hmUmwinQ mxemption, as specified in the Act and the naQu|ediono. no Notice of Intent imrequired: Exempt Activity(site applicable statuatory/regulatory provisions) El 8. The area and/or work described in the Request is not subject bo review and approval by: Name of Municipality Pursuant ton municipal wetlands ordinance nrbylaw. Ordinance or Bylaw Citation C. Authorization This Determination io issued to the applicant and delivered aufollows: [� �� hy hand delivery on �[� ~ by certified mai|, return receipt requested on Juno2 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|000|atetuton, ordinances. bylaws, nrregulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see t0±clDIUunity)andthepn»partymwnor(ifdifferonLfnomtheapp|ioont). Isued by the North Andover Oon m tiun Commission on May 26 2021 ^°a*,"u^"°'Determination*Applicability`rev.m,mmm Page 4°'n 4 aim Massachusetts Department of Environmental Protection Bureau 0f 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. N1axner, Conservation Administrator as authorized by the North Andover Conservation Commission See N N.E.R.D. Boo: 16327 Pa 22 Am R. Maxner, Conservation Administrator ` Louis Na |i Chairman gnature -printed Name AhedK4unzi Jr. Seon [NcDonou h Signature Printed Name JnhnN1abnn Signature Printed Name Signature Printed Name Signature Printed Name ignature 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 mass.gov/service-details/massdep-regional-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 CNYR 18.08(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. wpafofm2.doc Determination of Applicability-rev,511812020 Page 5 of 5