The URL can be used to link to this page

Home My WebLink About575 Osgood Street DOA Negative Determination - Permits - 575 OSGOOD STREET 3/13/2024 0 CONSERVATION DEPARTMENT Communit)' Development Division. NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 575 Osgood Street,Edgewood Retirement Community,North Andover At the March 13,2024 public hearing,the North Andover Conservation Comunission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 575 Osgood Street, Edgewood Retirement Community,based on its findings below and subject to conditions listed below. The work includes: Project entails installing a top 1.5" overlay course of asphalt on selected sections of sidewalks within the campus- within the sarne footprint,no expansion is proposed. At connection. points and at driveway crossings,the existing asphalt will be sawcut and removed,and these areas repaved so as to create flush conditions between new pavement and existing pavement to remain. Installation of appropriate erosion controls where areas of work are adjacent to the wetlands,and silt sacks will be installed within adjacent catch basins. The applicant submitted a Waiver Request as portions of the work on the existing sidewalks are within the 25' No Disturb Zone and 50' No Build Zone. The NACC found there to be no alternatives to move the work outside these zones and therefore voted to grant the waiver. The project shall conform to and comply with the following: Applicant: Edgewood Retirement Community c/o Bob Coppala 575 Osgood Street North Andover,MA 01.845 Representative: Melissa Flynn, PE SMRT Architects&Engineers 200 Brickstone Sq.,Suite 303 Andover,MA 01810 Record Documents: Request for Determination of Applicability Form 1,with supporting materials,submitted: February 28,2024 Record Plans: "Edgewood Retirement Community Sidewalk Repaving Project-Site Plan Layout Plans& Environmental Protection Details",3 sheets,prepared by SMRT Architects& Engineers,stamped and signed by Melissa Flynn,PE, dated February 28,2024,scale 1"=80' The following special conditions are mandated: 1. A pre-construction meeting with the Conservation Department shall be held to inspect installed erosion controls and review scope of work. .575 Osgood Street--Edgewood Retirement Community Negative 0 Determination of Applicability—Findings&Special Conditions Page I of 2 2. Work must be undertaken when ground conditions are dry, and the Conservation Department shall verify said conditions. 3. All excavated asphalt, soils,or any kind of residual materials shall be inuizediately taken off site for proper disposal. 4. A post construction inspection shall be held with the Conservation.Department to verify compliance, stabilized conditions and approve erosion control removal. **The applicant, and their contractors are advised that NO other work on the property is allowed under thi wetlands and associated 100-Foot buffer zones on site and work that invoIvesaround disturbance or chtutging the current conditions in these areas will require permitting with the NACC. This includes,but are not Iintited to,house additions,pools, patios, decks,sheds,fences, garden beds,landscaping and bricil;e installation, tree or vegetation cutting/prurdng. These activities shall be held to the current standards under the Bylaw d WPA. - - 575 Osgood Street—J dgewood Retirement Community Negative#3 Determination of Applicability findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands A Form 2 ® Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information Important: When filling out From: forms on the computer, use only North Andover the tab key to move Conservation Commission your cursor-do not use the return,key. To: Applicant Property Owner(if different from applicant): to Edgewood Retirement Community c/o Bob Co po'la_—...""' Name 575 Osgood Street _ .. _........ . .........- — - -.........__. ream Mailing Address Mailing Address North Andover MA 01845 City/Town State 2 J p Code Cityf town State Zip Code 978-725-4117 Phone Number Phone Number coppolabob@edgewoodrc.com Email Address Email Address(if known) 1. Project Location: 575 Osgood Steet North Andover Street Address Cit !Town How to find Latitude 42.70090 =-71.11100 .. ._ ... . ..... ...._ Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with_ _..5 digits�..after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 36 Lot 3 decim—al jp eel _.............._ ....... — Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: February 28, 2024 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): Project entails installing a top 1. "overlay course of asphalt on selected sections of sidewalks within the campus-withini the slime footprint, no expansion is proposed. At connection points and at driveway crossings, the existing asphalt will be sawcut and removed, and these areas;repaved so as to create flush conditions between new pavement and existinw pavement to remain Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Edgewood Retirement Community Sidewalk Repaving Project—Site Plan 02-28-24 Layout Plans & Environmental Protection Details", 3 sheets by SMRT Date RDA applications &associated attachments 02-26-24 Title Date _._.....—, -------.-----,__- .. ....... .. . .......... . ._...,,,.,.. __.---_....._...... Title Date wpaform2.doc rev..4112/2023 WPA Form 2—Determination of Appticability•Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��K�� ~� K��~��~�� U~��~U~��- _ _ -- Determination- — - Applicability—'''-� North Andover ILI Massachusetts Wetlands P[OfeCtiDD /\Ct M.G.L. C. 131' §40 IN unicipality B. Determination (cont.) The following DebamineUon(s) is/are applicable ho the proposed site and/or project relative tothe 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). El 1. The area described on the referenced plan(s)is an area subject to jurisdiction under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. [l 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 am this Determination levalid. -��______- � [] 2b. The boundaries of Wetlands RenouroeAnaa(m) and Buffar3bna(m) |inhad below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached ho this Determination orto the Request for Determination. � � F] 3. The work described on referenced o|an(s) and dnoumnnt(s) hs within on area subject bu � jurisdiction under the Act and will remove, fill, dredge, or alter that area. Therefore, said work � requires the filing ofe Notice ofIntent. � [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will � alter an Area subject to jurisdiction under the Act. Therefore, said work requires the filing of | Notice of Intent � 171 5. The area and/or work described on referenced plan(s) and document(s) is subject to review | and approval by: | � Pursuant hn the following municipal wetland ordinance nrby|a�� Name Ordinance or Bylaw Citation � � ~vp"mrmx»" `rev.«ozon23 vwPA Form 2-Determination m^ppm"mm `Page zm^ Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 M"n;ctparry 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 10.58(4)(c) 2. 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 past-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 jurisdiction under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to jurisdiction 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 jurisdiction under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Erosion control install, pre-construction site visit, work in dry conditions, all residual materials to — p .. _ n control removal, be taken off site forwdis oral, post construction site visa to approve erosion ❑ 4. The work described in the Request is not within an Area subject to jurisdiction 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 jurisdiction under the Act. wpaform2.doc•rev.411212023 WPA Form 2—Determination of Applicability-Page 3 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Muir cipaiuY B. Determination (cunt.) n 5. The area described in the Request is subject to jurisdiction 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 statutory/regulatory provisions) © 6. The area and/or work described in the Request is riot subject to additional review and approval by: _.. _... ... ... - ----------- -. ....._...... . Name of Municipality Pursuant to a municipal wetlands' ordinance or bylaw. —a...__m.........w Ordinance or Bylaw,........... _..............._ Nme Citation -.............. C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ By hand delivery on By certified mail, return receipt request on ........ date Date 7022 2410 DDD2 6928 L1874 Certified Mail Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner as follows: DEP ❑ By eDEP DOA Submittal Platform (Attach this form and supporting documents) ® By USPS mail ❑ By hand delivery ©3-15-24 Date Date Property Owner(if not applicant) ❑ By mail By hand delivery Date......... Date %vpa(orm2.doe•rev.4/1212023 WPA Corm 2--Determination or Applicability Page 4 or 5 Massachusetts Department of Environmental ProtectionL7-1 | Bureau of Water Resources - Wetlands ��U�� ~~ U��K�~��~�� U~��^U^�� - ~ ~ ~ Form �� — Determination� ~~ " Applicability N. Andovgr Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 C. Authorization (cont.) 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|uoa| abaiuhme, ordinances, by|avve. or regulations. This Determination must be signed bYu majority oftbeConnonn*honComnniae|on. Aono\edobm/e. a copy must be sent to the appropriate DEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant im issued this Determination. Signatures: at r igna ur Printed Name tedName Signature PT'nited Name ir Signature Printed Name -§719wat'u' re 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 Offi / !Cq��)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 ia not the appeUant The. ^ � 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 noappellate jurisdiction. °naform,.dv 'rev.*moov23 wpx Form u-Determination m Applicability'Page smo