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Home My WebLink AboutDetermination of Applicability - - 165 FLAGSHIP DRIVE 5/27/2015 Massachusetts Department of Environmental Protection ILIBureau Qf Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. O. 131. §40 A. General Information Important: When filling out From: � form"on the North Andover computer, use Conservation Commission only the tab key hmove To: Applicant Property Owner(if different from app|icant): your cursor do not use the C moast-OavoF|ewaUin return key. Name Name 12 Washer Street Mailing Address Mailing Address Lmme|| [NA 01852 ---- ---- ---' ---- QtyrTmmn State Zip Code City/Town State Zip Code ~---~--� 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 1G5 Flagship Dr, North A d MA, C t-W U d Plan 05/27/15 Title Date Title Date 7iUo Date 2. Date Request Filed: May 12 2015 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 DebanninaUon. Project Description (if app|imab|e>: Installation of3Q8 of PVC conduit within the Buffer Zone toBordering Vegetated Wetland and potential Ephemeral Pool/Ephemeral Pool Habitat. Project Location: 165F North Andover Street Address City/Town -Map 35 Parcel 75 --------------------- AssessorsMup/P|atNumber Parcel/Lot Number Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands P[ofBCtiOD Act M.G.L. C. 131, §40 B. U��~K��~�� (cont.) ~^~ Determination^~ \ ^/ The following Determination(s) is/are applicable bothe 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). Fl 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 ofa Notice ufIntent. Z 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 an this Determination iavalid. N1HVV1-K8HVV5 and VVETFLG1-VVETFLG11 F] 2b. The boundaries ofresource areas listed below are not confirmed bv this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. F-1 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will ramove, fi||, dredgo, or alter that area. Thenefore, said work requires the filing of Notice of Intent. El 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. Themafone, said work requires the filing of Notice of Intent orANRAD Simplified Review (if work is limited to the Buffer Zone). 5. Theoneaond/orwmrkdeeoribadonreforonoedp|an(n) anddmcument(a) inaubiecttorevievv and approval by: NameofMunicipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation "vom,mz,uo"'Determination mxppn=mu''rev.12114 Page,of 5 � 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 B. Determination (cont.) F] 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: F] 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 naquiremenbs): F-1 Alternatives limited \othe lot un which the project is located. F] Alternatives limited tothe lot on which the project is |ocebsd. the subdivided |obs, and any adjacent lots formerly or presently owned by the same owner. F-1 Alternatives limited h)the original parcel on which the project ie |ooahed. 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 ig requested toissue a Superseding Determination of Applicability, work may not proceed � on this project un|eantheDepertmenthai|etoactoneuchrequesdvvithin35dayaofthedatethe � 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 tothe Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. El 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 inthe Request ia within en area subject bz 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 ofIntent. � 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. Therefora, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). �] 4. Thaworkd*eoribedintheRequeatienotvvithinanArooeubiecttoprotectionundartheAct (including the Buffer Zone). Thorefmre, said work does not require the filing of Notice of|ntent, unless and until said work alters on Area subject to protection under the Act. ~vum,m2.o°c'Determination m Applicability^rev.12/14 Page oofa 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 (cont.) Z 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, ms specified in the Act and the regulations, no Notice of Intent ia required: ad conditions Exempt Activity(site applicable statuatory/regulatory provisions) Z 6. The area and/or work described in the Request is not subject to review and approval by: Town f NorthAndover conditioned above. Name ofMunicipality Pursuant hna municipal wetlands ordinance orbylaw. North Andover Conservation Commission Ch 1 8 Name Ordinance nr Bylaw Citation C, Author'zat^on � This Determination ks issued b>the aoo�andaOd ��ered8shd�vvS� ---� | bv hand delivery on bv certified mail, return receipt requested on � 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, mbaba. or|Voa| etetuhea, ordinencee, bylaws, or regulations. This Determination must be signed bya majority oftheCVnoemationComnnieaion. Acopynnuetbeaonttn the appropriate DEP Regional Office (see city-or-town.htmi) and the property owner(if different from the applicant). Si natures: YI Date "*°*,"2.u""'Determination m Applicability'rev.12/14 p"oe 4ms Massachuseft Department of Environmental Protection Bureau of Resource Protection - Wetlands ��Y�� K�� ~� ��~��~�� U~��~U~�� ILI - - ' - - Form' -'' -- Determination' — ' Applicability —'''-x Massachusetts Wetlands Protection Act M.G.[. C. 131. §40 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 )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 CIVIR 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 im being appealed. Tothe extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department nfEnvironmental Protection has nVappellate jurisdiction. | � � � °vaf"rmz.d" -Determination m Applicability'�v.12n4 Page*ofo Massachusetts Department of Environmental Protection oEP File Number: Bureau Df Resource Protection -Wetlands Request for Departmental Action Fee Provided byosp ILI Transmittal U K� o ��i��u��o Form ' M8SS8ChUsBifB Wetlands P[Dt8CtiOD /\Ct M.G.L. C. 131. &40 A. Request Information 1. Location ofProject a.Street Address b.Qty/Town.Zip o.Check number d. Fee amount Important: 2 Person name When filling � ` ' '� out forms on the computer, Name use only the tab key bo Mailing Address move your cureor-do QtyfTmmn ato»a Zip Code not use the ------------------ naturn key. Phone Number Fax Number(if applicable) 3� Applicant(as nhovvnnnDeterminaUonof Applicability (Form 2)' [>rderof Resource Area Delineation ----' (Form 4B). Order ofConditions (Form b). Restoration Order ofConditions (Form 5A). or Notice of Non-Significance (Form G)): Name � � Mailing Address � city[Town State Zip Code Phune Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request ie for(check one): El Superseding Order of Conditions— Fee: $12O.00(single family house projects)or$245(all other projects) [] Superseding Determination of Applicability—Fee: $120 [711 Superseding Order Of Resource Area Delineation —Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box4O82 Boston, W1AO2211 ~rom,mc,^o"-Request for Departmental Action Fee Transmittal Form'"~.12/1* Page 1",z Massachusetts Department of Environmental Protection Bureau Of Resource Protection -W ospn�Number: R quest for Departmental Action Fee Transmittal �� rmvmoouyuEp " ��uu�u Form M88s@ChUs8ffS \8/8flBDd8 Protection Act M.G.L. C. 131, 8e10 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination Vr Order ie based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has nVappellate jurisdiction. 3. Send o copy cf this form and o copy ofthe check or money order with the Request for m Superseding Determination or Order by certified mail or hand delivery to the appropriabaOEP Regional Office (see ). 4. 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 app|ioant, ifhe/she is not the appellant. � °naform,^° 'Request for Departmental Action Fee Transmittal Form'rev.1zno Page 2 of IIIf ! m - CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETEIBMMINATION OF APPLICABILITY SPECIAL CONDITIONS Cable and Conduit Installation Flagship Drive, North Andover At the May 27, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for installation of 2-4" PVC conduit from the existing CATV facilities on Flagship Drive for a distance of 398 feet within the Buffer Zone to Bordering Vegetated Wetland and a potential Vernal/Ephemeral Pool and Ephemeral Pool Habitat. The project will conform to the following: Applicant: Dave Flewelling Comcast 12 Washer Street Lowell,MA 01852 Representative: UC Synergetic John Morrison 21 Oxford Road Mansfield, MA 02048 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: May 12, 2015 Record Plans: Titled: 165 Flagship Dr, North Andover, MA, Comcast Wetlands Plan Prepared by: UC Synergetic 21 Oxford Rd Mansfield,M.A 02048 Date: 04/17/15 Last Revised: 05/27/15 SPECIAL CONDITIONS: 1. The applicant shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Prior to the start of construction, the contractor will install erosion controls as shown on the herein referenced plan between the proposed work and wetland resource areas. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index 3. Once erosion controls are 'installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 4. Once construction is completed, all disturbed areas will be backfilled and permanently stabilized. 5. Upon completion of the approved project and site stabilization, please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverNiA—Conservation/index