HomeMy WebLinkAboutLawrence Municipal Airport DOA Negative Determination - Taxiway C - Permits - 2/9/2022 0
CONSERVATION DEPARTMENT
C.;ommunit5r Development Division
NEGATIVE #3 DE TERMINATION OF APPLICABILITY
SPECIAL CONDI:I'IONS
492 Sutton Street, Lawrence Municipal Airport, North Andover
At the February 9,2022 public hearing, the North Andover Conservation Commission(NACC) voted to
issue a Negative #3 Determination of Applicability,with conditions,for work involving elimination of
Taxiway D,reconfiguratiort/realignment of Taxiway C and repaving of Taxiway F. Work inside the
buffer zone involves repaving of a small section of Taxiway F,and ininor grading and edge lighting
replacement falling in the outer reaches of the buffer zone (75' or greater) (an aggregate of—2,200 s.f. of
disturbance in the buffer zone) -full erosion control barriers are proposed. Work outside the buffer zone
includes removal of Taxi D, install.new section of and stub for Taxi C/C2, replacement of edge lighting
and airfield drainage modification to accommodate shifted pavement footprints. The project results in a
net decrease of impervious surface of—22,400 s.f., therefore resulting no net increase in flows at
discharge points to wetlands.
The project shall conform to the following:
Applicant: Lawrence Municipal Airport c/o Michael Miller,Manager
492 Sutton Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form 1,and supporting
materials submitted;
Record Plans: Permitting Plan Set,prepared by Stantec Consulting Services (14 pages),
dated 01-14-22.
**The applicant, owner and their contractors are advised that NO other work on the property is allowed
under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer
zones on site and any work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes,but are not limited to,house additions,
pools,patios, decks, sheds,fences, garden beds,landscaping and bridge installation,tree or
vegetation cutting/pruning. These activities shall be held to the current standards tinder the Bylaw and
WPA.
The followring Special Conditions shall be complied with:
1. A pre-construction meeting with Conservation staff shall be scheduled to observe installed erosion
controls to consist of 12" mulch sock staked and catch basin protection where appropriate.
2. Stockpile areas shall be sited outside the 100'buffer zone.
3. A post construction site inspection with Conservation staff to observe fully stabilized areas of work
and approve erosion control removal,
120 Nhiti Strect,North 01845
Phone 978.688.9530 1^as 978.698.9542
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WV A 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 _ .... _............. ..............__._.... _.... _......... .__..__
only the tab Conservation Commission
key to move To: Applicant Property Owner(if different from applicant):
Your cursor-
do not use the Lawrence Municipal Airport Commission c/o
return key. Michael Miller, Manager Name
492 Sutton Street
Q Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code Citylrown State Zip Code
fEBPSq
1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents:
Photo Location Map,Fig. 4, prepared by Stan........tec Consulting Services 01-13-22
_...._..
Title Date
Permitting Plan Set, preapred by Stantec Consulting Services (14 pages) 01 14-22
Title Date
RDA Application with sIpportin materials 01-19-22
Title Date
2. Date Request Filed:
Janua 192.2022
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):
The project involves elimination of Taxiway D, reconfiguration/realignment of Taxiway C and repaving
of Taxiway F. Work inside the buffer zone involves repaving a small section of Taxiway F, and minor
grading and edge lighting replacement falling in the outer reaches of the buffer zone (75' or greater). The
project results in a net decrease of impervious surface totalling —22,400 s.f. Work outside the buffer zone
includes removal of Taxi D, install new section of and stub for Taxi C/C2, replacement of edge lighting
and airfield drainage modification to accommodate shifted pavement footprints.
Project Location:
492 Sutton Street Norht Andover
Street Address Cityrrown
Map 34 Lot 26
Assessors Map/Plat Number Parcel/Lot Number
l vrpaform2.doc«Determination of kppNicahllity•rev.5115f2020 Page 1 of 5
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LlMassachusetts Department of Environmental Protection
Bureau 0f Resource Protection - Wetlands �
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[. c. 131. G4O �
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 orthe Department ofEnvironmental Protection).
171 1. The area described on the referenced p|on(e)iwan area Subject tu protection Linder the Act.
Removing,filling, dredging, or altering of the area requires the filing ofe Notice ofIntent.
Fl 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 ao long ua this Determination isvalid.
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
bz the Request for Determination.
�� 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will namove, fill, dredge, or alter that area. Therefora, said work
naquinao the filing of Notice of Intent.
171 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
o|har on 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),
El 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 wetland ordinance orbylaw:
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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 (cent.)
❑ 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).
A pre-construction meeting with Conservation staff to observe installed erosion controls to consist
of 12" mulch sock staked and catch basin protection where appropriate shall be scheduled.
Stockpile areas shall be sited outside the 100' buffer zone. Post construction site inspection with
Conservation staff to observe fully stabilized areas of work and approve erosion control removal.
❑ 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.
wpaformMoc-determination of Applicability•rev.5/18/2020 Page 3 of 6
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Massachusetts Department of Environmental Protection |
Bureau Of Resource Protection - Wetlands
WPA Form 2 _ Determ^na*~on of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 �
B, Determination (cont.)
Fl 5. The area described in the Request ie subjectb) protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the nmgu|oUnns. no Notice of Intent ia required:
6. The area and/or work described in the Request is not subject to review and approval by:
Pursuant toa municipal wetlands ordinance urbylaw.
C. Authorization
This Determination in issued to the applicant and delivered aafollows:
[l by hand delivery uD 0 by certified mail, return receipt requested on
02-16-22
Dm� 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, sbate, or local s(atutuo, onJinanoem,
bylaws, or regulations.
This Determination must be signed bya majority oftheCnnservatiooCommiamion. Aoopyrnustbexantto
the appnopriateDEP Regional Office (see
ty-
) and the property owner(if different from tho epp||rant)
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
C. Authorization (cont.)
Signatures:
Sr gnatur Printed Name
.......... ....................
t re Printed Nam J
Signature Printed Name
Y_
Sign Printed Na e
...........
Signature Printed Name
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 h �/ rvice-details/Mas� - e rlgl- ices--
_it :
0 jlffLby-
_
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.
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