HomeMy WebLinkAbout1701 Osgood Street DOA Negative Determination - Permits - 1701 OSGOOD STREET 1/11/2023 oXsPl�Vilrlll "r:a,
CONSERVATION DEPARTMENT
Community Development Division
NEGA`I"IVE #3 DETERMINATION OF APPLICABILITY
FINDINGS & SPECIAL CONDITIONS
1701 Osgood Street (Rt 125),North.Andover
At the January 11, 2023 public bearing, the North Andover Conservation Com►nission (NACC)voted to issue a
Negative 43 Deter►nination of Applicability approving the project at 1701 Osgood Street based on its findings
below and subject to conditions listed below. The overall proposed project entails the addition of second self-
storage warehouse building with associated parking, utilities, and drainage infrastructure to be constructed behind
the existing warehouse building. "I'his work will occur well Outside of any resource areas or buffer zones, however
the project includes deconunissioning the existing subsurface sewage disposal system and connecting the existing
storage building to the recently installed sewer►vain in Osgood Street. The server connection requires minor
sitework within the outer buffer zone to the BV W that is located across the street on 1600 Osgood. The work,at its
closest point, is approximately 84'from the BV W across the street and will occur within paved driveway.
Tile project shall conform to and comply with the following:
Applicant: Extra Space Prope►•ties 104L1'
2795 E. Cottonwood Parkway 11400
Salt Lake City,Mail 841.21
Record Documents: Request for Deter►nination of Applicability Form 1, witli supporting materials,
submitted: December 1,2022;
Record Plans: "Sewer Connections Plan for Extra Space Storage", prepared by Allen Engineering
& Associates, dated November 23,2022.
The following special conditions are mandated:
1. A pre-construction meeting with the Conservation Departrnent shall be beld to review conditions of
this permit and to inspect catcli basin silt sack installation.
2. All excavated materials shall be immediately containerized so as to protect the existing surface
detention basin at the front of the site and prevent same from eroding to wetland across the street.
3. A post construction meeting with the Conservation Department shall be held to verify compliance
and approve removal of silt sacks.
* 'The applicant, and their contractors are advised that NO other work on the property is allowed under this
permit Tlie NACC bas jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any
work that involves ground disturbance oy changing the current conditions in these areas will rcduit•e pennittin g wvitli
the NACC. '1"leis includes, but are►7Ot lit7rited to, ltattse additions, paOls,laatios,._decks,,,sheds, fences, garden beefs,
landscaping and bridge install ijr e ar_ve�etation cuttin pruning. 'fl►cse activities shall be field to the current
standards under the Bylaw andW1'A.
1.701 Osgood Street
Negative 93 Determination of Applicability—Findings&Special Conditions
Page 1 of 1
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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
._.._____-----
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 Extra Space Properties 104 LP
return key. Name Name
2795 E. Cottonwood Parkway#400„
rib Mailing Address Mailing Address
Salt Lake City Utah 84121
City/Town State Zip Code City/Town State Zip Code
nWrsn
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Sewer Connection Plan for Extra Space Storage, prepared by Allen 11-23-22
Engineers&Associates Date
-----. .... _..
RDA and associated supporting materials Rcvd 12-01-22
Title Date
Title Date
2. Date Request Filed:
December 1, 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 overall proposed project entails the addition of a second self-storage warehouse building with
associated parking, utilities, and drainage infrastructure to be constructed behind the existing warehouse
building. This work will occur well outside of any resource areas or buffer zones, however the project
includes decommissioning the existing subsurface sewage disposal system and connecting the existing
storage building to the recently installed sewer main in Osgood Street. The sewer connection requires
minor sitework within the outer buffer zone to the BVW that is located across the street on 1600 Osgood._
The work, at its closest point, is approximately 84' from the BVW across the street. All work within the
buffer zone will be located within the existing paved driveway
Project Location:
1701 Osgood Street North Andover
Street Address City[Town
Map 61 Lot 66
Assessors Map/Plat Number W Parcel/Lot Number
wpaform2.doc•Delermination of Applicability•rev.5/18/2020 Page 1 of 5
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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 (cant.)
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).
❑ 1. The area described on the referenced plans)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.
❑ 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 as long as this Determination is valid.
❑ 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.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore„ said work.
requires the filing of a Notice of Intent.
❑ 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).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Narne of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
. ...... _.. ..
Name Ordinance or Bylaw Citation
wpaform2.doc,Determination of Applicability•rev.5/18/2020 Page 2 of 5
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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 (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):
171 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 docurnent.
❑ 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).
**See Attached Findings& Special Conditions**
❑ 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.
v✓paform2..doc Determination of Applicability•rev.5/1 812 02 0 Page 3 of 5
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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 (cant.)
❑ 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 is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
_— ...._._. .... _.. _..... __ ....._
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
—_...... ........ . .....
Name Ordinance ar B y A—law Citation
D. Authorization -This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
January 13, 2023
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, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see httpsWwww.mass. ov/service-details/massde -re�e ional-offices-
b -,community) and the property owner(if different from the applicant).
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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
C. Authorization (cant,)
Signatures: �,.�..._._..
a
g tinted Name
Si nature
Signature Printed Name
... _ Printed Nan
Stgnat e
Signature '• Printed Name
e
Signakur µ Printed Name
- me
Si taatur Pr ted Na
µ
_...._.. .....
Signature Printed Name
Signature Printed Name
®. 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 httos://www.mas§.g,ov/serviice-details/massdeo-re iopal-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.
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