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Home My WebLink About575 Osgood Street - Edgewood DOA Negative Determination - Permits - 575 OSGOOD STREET 10/12/2022 0 CONSERVATION DEPARTMENT Cc:n nitinit:y Developi-nent Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 575 Osgood Street, Edgewood Retirement Community,North Andover At the October 12, 2022 public hearing, the North Andover Conservation Comn7ission(NACC)voted to issue a Negative#3 Deternuriation of Applicability approving the project at 575 Osgood Street based on its findings below and subject to emipliance with conditions listed below. The project involves: mill and replace only the top 1.5" of surface of pavement and maintain all the existing stortnwater management itnprovernents acid roadway abet parking lot curbs. faint parking areas and driveways with new striping/traffic controls. All work is proposed to occur wvitbin the paved surfaces on the site.No new impervious areas will be created, and existing site uses will not be changed after the project is complete. Erosion controls will be installed along the edges of pavement that do 11ot have airy curbing. Silt sacks to be installed in the catch basins. 1"lle project shall conform to and comply with the following: Applicant: Edgewood 'Retireineiit Community c/o Robert Coppola. 575 Osgood Street North Andover, MA 01845 Project Engineer: SMRT Architects & Engineers c/o Kenneth Costello 200 Brickstone SgLiare, Suite 303 Andover, MA 01810 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: September 29,2022; Record Plans: "Edgewood L.ifecare Community Asphalt Resurfacing Project" 8 sheets, prepared by SMRT Architects &Engineers, signed &stamped by Melissa Flynn, scale as noted, dated September 29,2022. The following special conditions are mandated: I. Pre-construction rneetiug with the Conservation Departm,errt, applicant and contractor shall be held to inspect installed silt sacks irr catcli basins acid erosion controls. lininediate sweep and removal of millings for appropriate off-site disposal is proposed, llorwever if ariy are needed for shimtnir4g, all acceptable location for stockpiling shall be identified at the time of the pre-construction meeting; 2. Post construction rneetiug with the Conservation Department shall be ]reld to verify compliance and approve removal of erosion controls. *_* Tile applicant, 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 oil site and ally work that involves ground disturbance or ehanBing the current conditions iri these areas will recit]rye pei rpittin with the NACC. This includes, but are not_liinited to house additions,..pools, atios, decks, sheds, fences, garden beds,— latidscapitig arld bridge installation, tree or vegetation arrttill►/Xining. 'I"llese activities shall be lield to the current standards glider the Bylaw and WPA. _. _ _ __..--___ _----- __..------ ........-__.-m_-_......._... ......._.........._._.__m._ t20 Main Street,North Andover,Mas+achosms 01945 Phone 9711.688.11530 Fax 97K688.9542 wwwc l lot tlratrsdo errn.r.goc 4 Massachusetts Department 0f Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131. G40 A. General Information Important: When filling out From: forms onthe North Andover computer, use only the tab ---'-----is--- key to move To: Applicant Property yourcumor- ' ' applicant): do not use the Edgewood Retirement Community c/o Bob return key. Coppola 575 Osgood 3t t Mailing Address Mailing Address North Andover MAO1D4� City/Town Sume Zip Code City/Town State— Zip Code — ~--~�--~ 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA and supporting t i | 09'20-32 Title Date Edgewoud Lifeoarm Community Asphalt Resurfacing Project prepared by 09-29-22 SIVIRT Architects & Engineers Plan Set 8 Sheets oum Date 2. Date Request Filed: September 29 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 ducumentadion, and made the following Determination. Project Description (if applicable): Mill and replace only the top 1.5" surface of pavement and maintain all the existing stormwater management improvements within existing footprint nfroadway and parking lots on site. Paint parking areas and driveways with new strip i ng/traffic controls. All work is proposed to occur within the paved surfaces on the site. No new impervious areas will be cneahed, and existing site uses will not bechanged after the project is 0ODOp|eta. Sections of roadways and parking lots are within 100 foot buffer zone to bordering vegetated wetlands. Project Location: 575 Osgood Street North Andover Map 36 Lot 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determ~nat~on 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). El i. 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, LJ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed ao 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 mo this Determination iuvalid. El 2b. The boundaries of resource areas listed below are not confirmed bythis DoternnineUun, regardless of whether such boundaries are contained on the plans attached to this Determination or bo 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, fiU, dredge, or alter that area. Therafona, said work requires the filing ofa 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). �l 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 or bylaw: 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determ~nat^on of Applicability Massachusetts Wetlands Protection Act K8.G.[ C. 131' §40 B. Determination (cont.) n 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 k)the wetland regulations at 10.58(4)o. for more information about the scope uf alternatives vequirements\: [l Alternatives limited to the lot nnwhich the project is located. [] /Ubarnatk/en limited to the lot mnwhich the project is located, the subdivided |ots, and any adjacent lots formerly or presently owned by the same owner. Fl Alternatives limited bo 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, E] 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 un|aaotheOepadmenthai|atoactunsuohnaquestvvithin35daynnfthedahetho 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 nf 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 will not nannove, h||, dredge, or alter that area. Therefore, said work does not require the filing of Notice nfIntent. 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 ho protection under the Act. Thnnahove, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). °°Gee Attached Findin � Special Conditions" 171 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 Notice of Intent, unless and until said work o|horo an Area subject to protection under the Act. °pwwrm2.00c'Determination o/Applicability'rev.w1oomm Page om5 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, G40 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 |mrequired: El 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant toa municipal wetlands ordinance orbylaw. C. Authorization This Determination is issued to the applicant and delivered as follows: bv hand d |i F] bv certified mail, return receipt requested on Date Date This Determination is valid for three years from the doia 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, o/ local statutes, ordinances, bylaws, or regulations, This Determination must ba signed bya majority ofiheCnnsen/aUonComrnission. Aoopynouetbaaentto the appropriate DEP Regional Office (see ) andthepvopurtyovvner(ifdif6amantfromtheepp|inont). wmm,"u.*='Determination"r/*pl"=mx/'rev.mmumn Page 4"/o 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 C. Authorization (cunt.) tgnat u e ....:_.._.._...... Signature r. g ire � Printed Name .,.. _............... Print ed Name � _ Stgn8f U"re ..� ErndNam 1 Id g / 'ature Prted Name 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 dtt s:/f w.mass. ovlservice-details/massde -re tonal-offices_b _ 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. Nvpaform2.doc-Determination of Applicability-rev.5/18/2020 Page 5 of 5