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Home My WebLink About1701 Osgood Street DOA Negative Determination - Permits - 1701 OSGOOD STREET 9/11/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 1701 Osgood Street,Extra Space Storage,North Andover At the September 11,2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability approving the project at 1701 Osgood Street- Extra Space Storage,based on its findings below and subject to conditions listed below.r The work includes:The project involves installation of a utility pole and associated concrete encased conduits with electric cables. The site does not contain wetlands,but the buffer zone from a wetland located across Osgood Street projects on to the site. Work will be-88 feet from the wetland and silt sacs will be employed during the job. Trenching will be in paved access drive or just off its shoulder is some locations. The project shall conform to and comply with the following: Applicant: Extra Space Storage c/o Mark Maday 2795 E. Cottonwood Parkway, #400 Salt Lake City,UT 84121. Representative: Maureen Herald Norse Environmental Services,Inc. 2100 Lakeview Avenue,Unit 3A Dracut,MA 01826 Record Documents: Request for Determination of Applicability Form 1,with supporting materials,submitted: August 28,2024 Record Plaits: "Sewer Connection.Plan for Extra Space Storage (Artnotated in red for utility pole and electrical conduitl,C-4",prepared by Allen.Engineering& Associates,dated November 23, 2022,scale 1"=30' -signed& stamped by Mark E. Allen, PE The following special conditions are mandated: 1. Pre-construction meeting with the Conservation Departmnent to review conditions of DOA and to inspect CB silt sacks 2. All excavated materials shall be irnrrtediately containerized so as to protect the existing surface detention basin at the front of the site 1701 Osgood Street Negative 93 Determination of Applicability--Findings&Special Conditions Pagel of 2 3. Any disturbed soils shall be seeded(and blanketed if warranted &ordered by the Cons. Agent) 4. Post construction meeting to verify cornpliance and approve removal of silt sacks. "The applicant and their contractors_ are advised that NO other work on the property that is within the 100-foot buffer zone is allowed under this permit. The NACC has 'urisdiction over all of the wetlands and associated 100-root buffer zones on site and any work that involves -round disturbance or changm'9 the current conditions in these areas will require permitting with the NACC. This includes,but are not limited to,house additions,pools, patios, decks,sheds,fences,garden beds,landscaping and bridge installation, tree or vegetation cutting pruning.These activities shall be held to the current standards under the Bylaw and WPA. 1701 Osgood Street Negative 43 Determination of Applicability---Pindings&.Special Conditions Page 2 of 2 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 Muni- 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): Q Extra Space Storage c/o Mark Madly�_....._ ... Name Name Name 2795 E. Cottonwood Parkway,#400 r1rn Mailing Address Mailing Address Salt Lake City UT 84121 City/Town State Zip Code City/Town State Zip Code 973-879-6441 Phone Number Phone Number mmaday@extraspace.com Email Address Email Address(if known) 1. Project Location: 1701'Osgood Street North Andover Street Address City/Town Flow to find Latitude 42.73630 _71.11300, and L_..9 "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 61' 'Lot 66, d1 cdi ial degrees _....__. Assessors Map/Plat Number ParcellLot Number 2. Date Request Filed: August 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): installation of a utility pole and associated concrete encased conduits with electric cables. The site does not contain wetlands, but the buffer zone from a'wetland located across Osgood Street projects on to the site. Work will be—88 feet from the wetland and silt sacs will be employed during .tt ob....Trenchlncg will_be In paved access drive or just off its shoulder is some locations.; _-------__._ Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Sewer Connection`Plat) (annotated for util p e&electrical coduik' 11-23 22 Title Date RDA&supporting attachments 08-28-24 _ ____._.._._.-- _.....__._ Title Date Title Date wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 ® Determination of Applicability North Andover ` , r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality 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) 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. 171 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 Wetlands Resource Area(s) and Buffer Zone(s) 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. Q 3. The work described on referenced plan(s) and document(s) is within an area subject to jurisdiction 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 jurisdiction 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: i Name 11 o 11 f Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.411 2124 2 3 WPA Form 2-determination of Applicability-Page 2 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands �� ^�� .� ��~��~�� 0~��~U~�� | - - ' ' - - —' ''' -- Determination' -' ' Applicability-----� North Andover M@SS@OhUSettS Wetlands P[O[8OtiOO Act M.G.L. D. 131, §40 MUnicipality B. Determination (cont.) || 8. The following area and/or work, if any, im subject hoe municipal ordinance ur bylaw but not subject tothe Massachusetts Wetlands Protection Act: 171 7. If a Notice ofIntent is filed for the work in the RiverhnntA/aa described on referenced plan(s) and docunnenUa). which includes all or part ofthe work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at10.58(4)(c)2. for more information about the scope of alternatives requirements): El Alternatives limited hothe lot on which the project is located. [] Alternatives limited to the lot on which the project is |ocobad. the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. r_l Alternatives limited to the original parcel on which the project is |oouhed, the subdivided pance|o, any adjacent parcels, and any other land vvh|nh can reasonably be obtained within the municipality. |l Alternatives extend hn 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. Hovvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to ant 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 hu the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. Fl 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. 1771 2. The work described in the Request is within on area subject to jurisdiction under the Act, but will not rennovo, fi||, dredge, or alter that area, Therefore, said work does not require the filing of o Notice of Intent, �0 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 Notice of Intent, subject to the fnUnw|nU conditions (if any). Install CB silt sacks, hold pre-construction meeting with Cons, Dept,, all exavated materials to' 'be containerized, erosion control blankets if warranted, post consturction mtg, -see attached El 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Therehrne, said work does not require the filing of NVboo of Intent, unless and until said work alters an Area subject to jurisdiction under the Act. Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WP'A Form 2 — Determination of Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (coat.) [] 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 s''fa tu t o r y-1 r e g u-I a t o r Y provisions) 6. The area and/or work described in the Request is not subject to additional 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 follows: 171 By hand delivery on By certified mail, return receipt request on 00-1 3- 4 date Date 7020 1290 0001, 4776 5870 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 EP DOA Submittai Platform (Attach this form and supporting documents) Z By LISPS mail ❑ By hand delivery 09-13-24 Date Date Property Owner(if not applicant) El By mail ❑ By hand delivery _ ....m. ....... Date ._ ..-_ _._......... ...Date wpaform2.doc•rev.4/12/2023 wPA Form 2--Determination of App}icabiRy•Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands W A Form 2 ® Determination of Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i" ni�ipartu C. Authorization (cant.) 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. As noted above, a copy must be sent to the appropriate DEP Regional Office (see https://www.mass.gov/service- details/massdep-regional-offices-by-community)and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority__ Signatures.:.. .._ .; , i j ;�° Igr7ature Printed Name Si y hat � � _,_..... - g ure ,a Printed Name Signature Printed .. � nted Name Ai.. ............. Signature �. ;� Printed Na Signature Pri ted 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.- //,A�,. v/ggtvlce-d eta iI /rnassdep-re uq or al-offices by- 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. wpaform2.rloc•rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 5 of 6