The URL can be used to link to this page

Home My WebLink About901 Johnson Street DOA Negative Determination - Permits - 901 JOHNSON STREET 5/9/2007 00"Th $+�CFIU$* CONSERVATION FrPAR#MEN i Community Development Division NEGATIVE DETERMINATION ERMINATIO OF APPLICAMUTY SPECIAL CONDITIONS 901 Johnson Street, North Andover At the May 9,20(Y7 public hearing the North Andover Come vation Commission (NACC) voted to issue a Negative Det.- minatian of Applicabifity for the installation of an upgraded septic system within the buffer Zone to a Bordering Vegetated Wetland (BVW)i, The septic and pump ranks will be placed approximately 70' from the wetland at itq closest point.All other work is proposed outside of the Buffer Zone. Applicant: Eleanor Turire . 01 Johnson Street North Andover, MA01,845 Record Documents: ke4quest for Detetrninatiott of Applicability received April 26,207. Site plan entitled, "Upgrade Plan of Sullmtface Sewage Disposal SystarU7, prepated by Menfinack Ey3&eenng Services, dawii April 10,2007. Stamped &signed by Vladimir L. Nemchcnok, P.E. Pre actin A row of staked hay bales backed by trenched siltation fence shall be placed befteen all construction areas and wetlands as shown on the approved plan referenced herein. The erosion control barrier wih be properly instaliesd and placed as shows} on the plans approved atnd referenced herein and shall be inspected and approved by the NACC prior to the start:of construction and shah remain intact until all disturbed areas have been permanently stabilized to prevent erosion. Ail erasion ptevendon and scdiMtntation Ptotectiou t77easureg found necemry during tomtrucdon shah be irnplernented at the dizection of the NACC. The NACC reserves the tight to impose aMdonal conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water qual ty dischargkig ftom the site. For example,installa&n of erosion control tneasutes rmy be tegtjired in atus not shown on the plan(s)tefetenced in this Orden of Conditions. Should such installation be reciuircd by the NACC, they shall bi-,installed witiLin 48 hours of the Cotuunissjj)ws r uest. ]600 Osgood Street,BWMing 20,SWtt,2--36,Nox#h Aa8owr,&kT,3aclmsetl4 01845 Phone 978-688. 530 Fax 970,688.9542 Web: htrp:Ifwww,tawoofawh;tndover,com/Pages/NAndoverNir�-- onseraatiopxlirkdex 10 Imn- cdiately following completion of the above-mentioned items,the applicant shall contact the Onservation Department to schedWt are ors-site pre-construction meeting. The applicant and contractor must be present at this meeting. This Determination shall be included in all construction contracts, subcontxacts, and specifications dealing with the work proposed and shall supersede any conflicting contract regWretnents. The applicant shall assure that all contrackirs, st}bcontracrors and other personnel perfornk ng the permitter work are fully aware of the permit's tetras and conditions. A rcasnrtahk period of time Eihafl be provided as notice of the pre- cangtruction ruecting(e.g. 48 hours). post �QfMt[jgCdO Immediately following completion of the work, any distntbed areas shall be permanently stabilized against erosion. Once the site is adequately stalbitized,the Consemation Department abaU he contacted to conduct a Seal site inspection. 1600 OWud Strmt,i3u i ng 20,Suite 36,North Andover,Mgrsachti setts 01845 Phone M.688 95 D Pax 97UH,9542 Wd):haP./f www towriofnofdlaitdovcr,corn/Pages/Nzi ndoverlEA.-C�onsety dad/sstdex Massachusotts Il epar#ment of Envi ron me nta I Protection Bureau of Resource Protection - Wetladlds WPA Form 2 — Determination of Applicability LAI Massachusetts Wetlands Protection Act +1. .L. c. 131, "0 . 'General Information - Important: When filling oL E m: forms on the North Andover computer,use �-� only the tab COr�aeavaUon Commission .... key to more To; Applicant Propsrty Owner(if different from appiicant): your cursor- do riot use the Eteencir Turke Same return key- Name Marna "YW--- SO"I Johnson Street � Malling Adders �W1 �I�ng! dress Norlh AnctoveF MA. 01845 — ..c4frOYfY! St -- Slate Zip Code Maly ,Tip Ci4dB 1, We and Date (or Revised Date if applkc able)of Filial Plans and Other Docurnents: RDA &07 TWO Dote UW mde Plan cf Subsuffaca Sewage Disposal. ystern � 0107 Artie - - --- Date TUl9 Date 2. Date Request Filed: 412W7 B. Determination Pursuant to the aufhor€fy of 11,01. c, 131, §40, the Conservation Commission considered your Request for Detei'rrfina#ion of Appticablifty,with its supporthg documeniatlon,and made the follow ng Determinaton. Project Descrlptlon (if applicable): replacement of an existing subsurface sewage disposal system with assonlated grading within fhe Buffer Zone to a Bordering Vegetated Wetiand, Project L $tton. 901 ji*nson street w Ncdh Andover Street Address C417 wn --- - Map.1 07A Parcel156 �. .... . ------- - Assos m MOOPIa#ilurnbar parc�eyLot I�fumber Mmkwm2,dx m.'aOiris Pago 40F6 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.Gk c. 131, §40 B. Determination (coat.) mm� The fol€owing DeterrrFl tion(s)Ware applicable to the proposed site ondfer project relative to the Wettands Protection Act and regulations, Positive Determination We: No work within the JurisdIcUm of the Watlands Protecf€on Act may proceed until a final Order of Conditions(issued fakwirng submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Dellneakn(issued following submfffat of Simpliteed Review ANRAD)ties been recelvsd From the Issuing auftrlty(Le,, Conservation Commission or the Departrnenl of Environmental Prot t€on). ❑ 1, The area described on the referenced plan(s)is an afea subject to protection under 1heAct. Removing,Miing,&ed ng, or altering of the area requires t#te fling of a Notice of Intert_ ❑ 2a.The boundary dellneationa of the folto Vnq resource areas described on the referenced plan(s)are confirmed as accurate_ Therefore, the resource area bounc arles confirmed in this Determination are binding as to all decisfons rendered pursuant to the Milanda Protection Act and Its regu€atlons regarding such botmdarles tar as long as this Determination Is vafid. El 2b. The buundaries of resource areas listed betow are not confirmed by this Determination. regardless of whether such boundarleS ara contahed on tt a px ans attached to this Determination or to the Request for Qeterrr bation. ❑ 3. The work descr€bed on referenced Plains) and documengs) is within an area subject to protection under the Act and will remove,fit,dredge,or alter that area. Therefore, said work requires fe flying of a Notice of Intent. LJ 4. The work described on referenced plan(s)and docurnent(s) is within the Buffer Zone and will alter an Area subject to proterf€un ureter the Act. Themfore, said work requires the fling of a Not€r a of Intent or ANRAD SirnpHfied Review(if work is lirnifed to the Buffer Zone), ❑ 6. The area and/or work described on referenced plan(s)and documents) is subject to review and approval by, Name of ISdur k4mlity — Pursbant to the following rntinidpal wetland ordinance or bylaw: __...._ Marne Qrdirtartw or SAW Citation wpofma-05D•red-Mr S Pape 2 od 5 Massachusetts epartrnent of Environmental Protection Bureau Of Resource Protection -Wetlands WPA Foray Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. o. 131, §40 B. Determination (cont.) Ll 6. The following area an&or work, ff any, is subject to a municipal ordinance or bylaw but ao subject to the Massachusetts Watfands Protecsion Act: 7- tf a Notice of Intent is filed for the work in the Riverfront Area described on raferenQed plan(s) aM dorvinent(s}, which includes all or part of the work described in the Bequest, the applicant fnW consider the fol€owirog alternatives, (Refer to the wetland regulations at 16.58(4)c, for Mom information about the scope Of alternafives requirements), L1 Alternatives hin Had to the rat on which the project is located- Q Alternativas limited to the lot on wh1ch the project Is located,the sulodWided lots,and any adjacent lots formerly or presently owned by#roe same owner. L2 Alternatfvas limited to the ofigar 8l parcel on which the project 3s located, thu subdivided parcels,any adjacent parcels, and any other land which can reasonably be obtained within the municipality. LD Alternatives extend to any sites which cram reasonabP be obtained vr+thln tho appropriate regfon of the state. Negative Determination Note; No further action under the Wetlands Protection Act Is required by the applicant. Hi�rafever, if the Department is requested to Issue a Superseding DatarminaWn ofAppflcability, work may not pmreed on this project unless the Department fails to act on such request within 35 clays of the data the request is post-marked for certified mail or hand delivered to the Department, Work may then proceed at the ownees risk only upon notice to the Depadment and to the Conservafion Comfnission. Requirements for requests for Superseding Determinativns are listed at thin and of this document. L] I-The area described in the Request Is not an area subject to protection under the Act or ft Buffer Zone. , The work described In the Request la within an area subject to protection under the Act, but will not remove,f4l, dredge,or after that area, Therefome, said work does not require tho filing of a Notice of intent- 3- The work described in the Request Is within she Buffer Zone, as defined in the megulations, but will not alter an Area subject to proteotbn under the Act, Therefore, said work does not regtilre the filing of a Notice of Intent, subject to the following condlllons (if any)- See attached conditions 4, The work describers to ttre Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, sales work does not requIre the filing of a Notice of Intent, unless and until said work afters an Area subject to protection under the Act. Pege 3 of 5 Massachusetts Dapertment of Environmental Protection Burea of Resource Protection - Wetlands WPA Form 2 — Determination of Applicblifty Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) [) 5. The a rea described In the Request is sVbject to protection under the Act- Since the work described therein meets the requirements ter the following exemptfonr as specified in the Act arid the reguWbns. no NOtiae of Intent is required' EreP'x f�nrQw (eha —.. .. �.. applErebla s#a#�s#alylre�ula#ory provista�s} ------ ... El 6, The area and/or work described hire Bequest is not subject to review and approval by, ��... - Pursuant tin a municipal wetlands ordinance or bylaw. .North Andover Watland Protection Bylaw ....n..... - hapler 178 tdame Ordinance or Bylaw Uafian- C. Authorization This Determinatfon is issued to the appl[cant and delivered as allows: El by hared delivery on delivered certified mA, return`,receipt requested on This Determination is valid for thme years frown the date of issuance (except Determir#e#ions for Vegetation Management Plans which are valid for the duration of the Plan). This Determinatfonr does not relieve the applicant from umplying with all other appllcabfe federal, state,CT local statutes, ardtnances, bylaws, or raguilaficris. This Determination must be signed by a majority of the Conservation Commission. A copy must I�s sent to the appropriate DEP Regional Office(see Attachment)and the property owner(if different from the applicant), Signatures. *pew-awc-env,arias PBgu 4 OT 5 Massachusetts Department of 1"nviironmental Protection Bureau of Resource Protection � Wetlands WPA Para 2 — Determination of Applicability Massachusetts Wetlands Protection Act 1. .L. c. 131, PO D. Appeals ThO applicant, owmr,any person aggrieved by this NUMInation, any owner of tarsi abutting the land upon which the Proposed work is to be done,or any tern msidents of the City or town in wh pcb such land]a located, are hereby nabbed of their fight to request the appropriate Department of Environmental Protectlou Regional office(see Attach meat)to issue a Sulrersoding Determination of AppllOW11ty. The r"(Jest must be made by cedifled mall or hand delivery to the OL-PartmG Et, Wf1h tba appropriate filing fee and Fee Transmittal Form (see Request far Departmental AC(lon Pee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business stays from the date of Issuance of this DeterminaWn. A copy of the request shall at the same time be seat by cer&jed mall or hand delivery to the Gonservation GosmrnWon and to the appli nt if he/she is not the appoHant. The request shall state uteady and canclsely the erections to the beterminatlon wNch is being appealed. To the extent that the Determinatbn Is based on a municipal ordfname or bylaw and not on the Massachusetts Wetland$Protection Act or regubtlons, the Department of t=nvirv=entst Protection has nD appellate jurisdiction, sago S o1 s