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Home My WebLink About2002-10-28 Determination of Applicability CONSERVATION Memo F;F: C F-.P V E�E,D To: John Simons,Planning Board Chairman N011TH AMn(-MYr%J From: Alison McKay, Conservation Associate ' PLANNING Dfil,t: o4YENT CC: Justin Woods, Town Planner Jim Cyrier, Lighthouse Realty Trust File Date: 04/03/03 On behalf of The North Andover Conservation Commission (NACC), I offer the following information in regards to the Conservation Decision issued on 10/28/02 for the Airport property located at Sutton Street (Map 75-78 Lot 1). The NACC approved and issued a negative 1 Determination of Applicability, confirming that the area described in the applicant's request is not an area subject to protection under the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, section 40) or the local Wetlands Bylaw. Please let me know if you need further information in this regard. Page 1 LlMassachusetts 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 A. General Information Important: When filling out From: forms on the North Andover Conservation Commission computer, use Conservation commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Lighthouse Realty Trust City of Lawrence - Airport Commission - return key. Name - Name 109 Blue Ridge Road 492 Sutton Street r� Mailing Address Mailing Address North Andover MA 01845 North Andover MA 01845 Clty/Town State Zip Cade City/Town Stale Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request For Determinatian of A licabilit September 13, Title 2002 Existin2 Conditions Plan, prepared by MHF Design Consultants, Inc. September 2002 Title Date Title Date 2. Date Request Filed: August 2, 2002 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): No work is proposed at this time nor have wetlands been identified or delineated on the site. The request has been made to render a determination regarding the presence (or lack thereof) of wetland resource areas subject to jurisdiction under the MA Wetlands Protection Act and The North Andover Wetland Protection Bylaw. No resource areas subject to protection under the Massachusetts Wetlands Protection Act or local Bylaw have been identified on the site. _ __- Project Location: Sutton Street North Andover Street Address City/Town Map 75-78 Parcel Assessors Map/Plat Number Parcel/Lot Number Page 1 of 5 wpalorm2.doc•rev.12J15106 I LlMassachusetts 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.) 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) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 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 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. ❑ 5.The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaformMoo•rev.12l16100 Page 2 o15 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.) ❑ 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 10.5B(4)c. for more information about the scope of alternatives requirements): ❑ 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 falls 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 document. 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). ❑ 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. wpaforrnLdoo•rev.12115/00 Page 3 015 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.) ❑ 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 or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered;as Ilows: El by hand delivery on y 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, state, or local statutes, ordinances, . bylaws, or regulations, This Determination must signed by a majority of the Conservation Commission. A copy must be sent to the appropriate D ffice (see Appendix A) and the property owner(if different from the ap licant). i i Sig s: V la � '21 Date wpaform2.doc•rev.121f 5100 Page 4 of 5 LIMassachusetts 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 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 Appendix A) 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 Appendix E: 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. wpaform2.doc•rev.12/15100 Page 5 of 5 • i Zoning Board f Appeals Town a�No _ Partee North Interest ' ZAbutters Listing _ REQUIREMENT: MGL 40A, Section I states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tag Iist, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 75-1-B CITY OF LAWRENCE 492 SUrMN ST. IRPORT COMMISSION NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAML ADDRESS 74--5 JOHN FERREIRA 980 OSGOOD STREW"!' North Andover, MA 01845 35-50 CYR ASSOCIATES 939 BOSTON ROAD WARD HILL, MA 01835 - HEILA L._ LA:NDERS BUILDING CONDOMINIUM N , - -2 UnZ,ts 1 ,�;_4 LAD D�S BTRUSTEES 9000 oSG00D ST., N. ANDOVER 0184L 74-6-2 UNIT 2 DENNIS V. DRINKWATER 13 OLD SALEM PATH MAGNOLIA, MA 01930 74-23 KNIGHTS OF COLUMBUS 505 BUTTON STREET ASSOCIATION, INC. NORTH ANDOVER, MA 01845 .74-24 JOSEPH J. L. MARTIN 477 SUTTON STREET NORTH ANDOVER, MA 01845 74 03 D STREET CHINA BLOSSOM REALTY TRUST NORTH ANDOVER MA 01845 35-23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MA 01845 THIS INFORMATION WAS ORTAINED AT THE ASSESSORS OTFICE AND CERT ]MD BY THE ASSESSORS OMCE BY: DATE SIGNATURE PAGE OF QwtiSed ' Me B ar of Asses Andover OrEtifed b '1 r L` Board TAssess oa Andover ABUTTERS LIST FOR LIGHTHOUSE REALTY TRUST AIRPORT ENTRANCE ROAD N.ANDOVER,MA MHF#138802 AS OF 9/9/02 MAPILOT# NAME&ADDRESS 75-1-B(OWNER) CITY OF LAWRENCE AIRPORT COMMISSION 492 SUTTON STREET NORTH ANDOVER,MA 01845 74-5 JOHN FERREIRA 980 OSGOOD STREET NORTH ANDOVER,MA 01845 35-50 CYR ASSOCIATES 939 BOSTON ROAD WARD HILL,MA 01835 74-6-2 UNITS 1,3,4 VINCENT B. &SHEILA L.LANDERS,TRUSTEES LANDERS BUILDING CONDOMINIUM 1000 OSGOOD STREET NORTH ANDOVER,MA 01845 74-6-2 UNIT 2 DENNIS V.DRINKWATER 13 OLD SALEM PATH MAGNOLIA,MA 01930 74-23 KNIGHTS OF COLUMBUS ASSOCIATION,INC. 505 SUTTON STREET NORTH ANDOVER,MA 01845 74-24 JOSEPH J,L.MARTIN 477 SUTTON STREET NORTH ANDOVER,MA 01845 74-03 RICHARD YEE,TRUSTEE CHINA BLOSSOM REALTY TRUST 946 OSGOOD STREET NORTH ANDOVER,MA 01845 35-23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 ENGINEER FRANK C.MONTEIRO,P.E. MHF DESIGN CONSULTANTS,INC 103 STILES ROAD SALEM,NH 03079 SURVEYOR CHRISTOPHER M.FRANCHER,LL.S, MHF DESIGN CONSULTANTS,INC 103 STILES ROAD SALEM,NH 03079 1 MAPILOT# NAME&ADDRESS SOILS/RDA MIKE HOWARD EPSILON ASSOCIATES 150 MAIN STREET P.O.BOX 700 MAYNARD,MA 01754-0700 APPLICANT JIM CYRIER LIGHTHOUSE REALTY TRUST 109 BLUE RIDGE ROAD N.ANDOVER,MA 01845 ARCHITECT JOHN T.BRENNAN&ASSOCIATES 103 STILES ROAD,SUITE 202 SALEM,NH 03079 F;1Proj ects\Adrnin\WORDDOCIABUTT113 88021st.doc