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Home My WebLink About10 Commerce Way DOA Negative Determination - Permits - 10 COMMERCE WAY 11/16/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 10 Commerce Way,North Andover At the November 16,2022 public hearing,the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability approving the project at 10 Commerce Way based on its findings below and subject to conditions listed below. The Commission determined that since no footprint change to the existing conditions were proposed, a new wetland delineation was not required. The following is a description of the project: • This is a car wash facility that recently changed ownership, The interior of the building is being rehabbed. • The project involves removal of existing car cleaning vacuums in the paved parking area and installation of 17 new vacuums,with overhead piping and underground electrical. • The vacuums will be supported by poured concrete sonotubes that will be 4' below grade. • The vacuums will have small trash receptacles attached to them and will reportedly be emptied daily into the dunipster. ® At the front and rear of the carwash building concrete pads will be replaced. The project shall conform to and comply with the following: Applicant: Prestige Car Wash Realty, LLC 500 Turnpike Street Canton, MA 02021 Project Engineer: Hancock Associates 185 Centre Street Danvers, MA 01.923 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: November 3,2022; Record Plans: "Site Plan of Land in N. Andover, MA"&"Detail Sheet", prepared by Hancock Associates, signed and stamped by Joseph Peznola, scale 1"=40' revision dated November 11,2022; The following special conditions are mandated: 1. Prior to work, wetland markers shall be installed along the edge of the NDZ. Markers shall be spaced every 30 feet,on 4x4 posts, mature trees, or fencing as conditions dictate and per the Conservation Administrator's direction, 2. Prior to work, three "no dumping" signs shall be installed, evenly spaced, on the chain link fence behind the proposed vaCULUn stations. The signs shall read "No Trash or Dumping—Protected Wetland Resource". 10 Commerce Way Negative#3 Determination of Applicability—Findings&Special Conditions Gage I oft 3. Prior to work, the duitipster shall be enclosed to protect the wetland and buffer zone from errant trash escaping from the dumpster. 4. Prior to work, bills of lading for CB and vortech cleaning shall be provided to the Conservation Dept. 5. A pre-construction meeting shall be held to inspect installed erosion controls(12"mulch sock as depicted on the approved plan) and review the conditions of the permit. 6. All excavated materials shall be immediately containerized and hauled off site, no stockpiling shall occur on site 7. Post construction meeting shall be scheduled to verify compliance and approve removal of erosion controls. 8. As an on-going condition, the trash receptacles shall be emptied into the enclosed dumpster on a daily basis. Errant trash shall be picked tip and disposed of. The applicant and their contractors are advised that No other work on the property is allowed under this permit. T�heNA�CChasjurisdiction over all of the wetlands and associated I 00-Foot buffer zones on site and all work that involves ground disturbance or.changuig the current conditions in these areas will require perinitting with the NACC.This includes but are not limited to house additions,pools,patios, decks sheds fences, garden beds landscaping and bridge ins pi�uning...'Fbese activities shall be held to the current standards under the Bylaw and WPA. 10 Commerce Way Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 4 Massachusetts Department of Environmental Protection [�Une@UOf 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 From: forms on the North Andover computer, use only the tab Conservation--- Commission— — - key tomove To: Applicant P[VpeMvO�D�rUfdif�i�O�fK�� apo|icond: youruumor ' � applicant): do not use the Prestige return key. Name Name �� 500 Turnpike Street 4:1 Mailing Address Mailing Address Canton MA 02021 C ��n � -- Zip Code Cityrrown /aatv�� Zip Code �--��---' 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Plan of Land |nN. Andover, yWA2 Sheets, prepared byHancock 11-11'22 Associates Date RDA and associated supporting t i | Ro'vd11-U3-22 Date Title 2. Date Request Filed: Nnvennber3 2022 B. Determ^na*^on Pursuant tnthe muU)nhty ofW1.G.L. o. 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 invo|vannemova| ofoxintingcarn|eaningvsouumeinthnpevedparkinganaaand installation of 17 new vacuums, with overhead piping and underground electrical. The vacuums will be supported by poured ounuveh*aonohubeo that will be 4' below grade. The vacuums will have mrnaU trash receptacles attached to them and shall be emptied daily into the dumpohar. At the front and rear ofthe oamvo h building te pads will be replaced. --------------- Project LonaUVn: 10 Commerce North Andover Street Address Cityrrown PNu 35 Lot 15 ' 4 � K��N��h� ��00�� 0�i��0rQ�� »M � , � Bureau Of Resource Protection - Wetlands � � �� 8�� ^� Determination �*~ ^�� Applicability ��^U^�^x ��-�� Form �� ~~��00��x�u�� n ��KDx��e��n�u � Massachusetts Wetlands Protection Act M.G.[. 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 1. The area described on the referenced p|an(m) ioanarea subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing ofa Notice ofIntent. 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 an long ae this Determination iavalid. �l 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. � � [l 3. TNavvorhdeochbedonreferenoadp|on(e) unddncument(s) k*withinanareasQbiectto � protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work � nsqu{noa the filing of Notice ofIntent. / | 171 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 uf Intent orANRADSimplified Review(if work io limited io the Buffer Zone). �] 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: � . � 4 , ��assachusef�� ep@��|e0tQf ��nviro0y�e0tal ��rotec��n [�UR3aUDf [�8GoU[Oe Protection - \�/e[l@UdG �y�y�� rK�� - ��*�t*�r��~R��,t~�� ^�f ��KDK�k~��~U~�nv °- " _ -� Massachusetts Wetlands Protection Act M.G.[ C131. §40 B. Determination (cont.) 0 8. 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: El 7. If Notice of Intent is filed for the work in the RivgrfrontArea described on referenced plan(s) and docunnant(o), which includes all or part ofthe 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 raquirements): El Alternatives limited to the lot on which the project ia |ooabed. El Alternatives limited to the lot VD which the project ia |000ted. thasubdividod |nts, aOdsny adjacent lots formerly orpresently owned by the same owner. El Alternatives limited to the original parcel nn which the project is |ooabaU' theaubdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. El Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action Linder the Wetlands Protection Act is required by the applicant. However, |fthe 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 tothe Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. � [l 1. The area described in the Request is not an area subject to protection Linder 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 remove, fill, dredge, or after that area. Therefore, said work does not require the filing of a � Notice ofIntent. 8. The work described in the Request is within the Buffer Zone, as defined in the vagV|otiona. but � will not alter an Area subject to protection under the Aot. Therefore, said work does not naqu|na � the filing of Notice of Intent, subject to the following conditions (if any). °°SeeA1baohad Find|n 8 Special Conditions** � ------------ �l4. Thevvorkdeeudbedin[heReoueetisnotvvith|nmnAreauubiecthnprnbeoionundertheAc (including the Buffer Zona). Therefore, said work does not require the filing ofa Notice ofIntent, un|ama and until said work a|ham an Area subject to protection under the Act. 4 , Massachusetts Department of Environmental Protection LiBureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B. Determination (cont.) E1 5. The area described in the Request ia 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 nagu|edionm, no Notice of Intent ia required: E] 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant tom municipal wetlands ordinance orbylaw. m e Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered mofollows: Fl by hand delivery on 12' bvoertified mai|, return receipt requested on 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 fedena|, state, or|oomi statutes, Vndinonnmn. bylaws, orregulations. This Determination must be signed byo majority 8fiheConsemaUonCommisaimn. Atupyrnumtbe sent to the appropriate DEP Regional Office(see ) andthep[npertyowner(ifd|fha[eM[fromtheapp|ioanh. � � =paf.rfnz,d" 'oe*=xnatio"m Applicability'rev.anunmv Page 4mo 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 (cont.) Signatur . ............ Signature 7 ---- -- Print e Signature P n e i t d N7e � Signature U Printed Name SIRRatuf-E Pr' to Na ............. 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 https://www,mass.gov/service-detalls/niassden-reaTonal-offices-by- coLnLngnity)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. vipaformMoc Determination of Applicability-rev.5118/2020 Page 5 of 5