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Home My WebLink About148 Main Street DOA Negative Determination - Permits - 12/11/2024 0 CONSERVATION DEPARTMENT Comnnunit), Developmcnt Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 148 Main Street, Sutton Pond Condominiums,North Andover At the December 11,2024 public hearing, the North Andover Conservation Cotrunission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 148 Main Street,Sutton Pond Condominium,based on its firndings below and subject to compliance with the conditions listed below. The work includes: The project involves mill and overlay existing paved parking lot within the existing footprint at the easterly side of the condo complex,remove and replace three existing catch basins with new deep sump hood catch basins, existing rim and invert elevations shall be maintained. No changes to the site topography are proposed, Work is located within the 100-Foot Buffer Zone to pond bank,fringe BVW and the 200-Foot Riverfront Area to Cochichewick Brook, The project shall conform to and comply with the following: Applicant: Anna Epstein, Property Manager&Jean Kelly,Trustee Sutton Pond Condonninium Trust 148 Main Sheet North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials,submitted: October 11, 2024; Record Plans: Request for Deternniiation of Applicability Site Plan,prepared by GPR, signed and stamped by Linhout Tiv,PE, scale 1"=30',final revision dated November 20,2024; Long Terin Pollution Prevention &Stormwater System Operation& Maintenance Plan- 148 Main Street,North Andover, prepared by GPR, dated October 2024 The following..special conditions are mandated: 1. All erosion controls and dewatering BMP's shall be installed by the applicant/contractor and inspected by the Conservation Dept. at a pre-construction site inspection in the presence of all responsible parties. 2. The project engineer shall oversee any dewatering activity and report same to Conservation Dept. 3. A post construction site visit with the Conservation Dept. and all responsible parties shall be held to inspect and verify compliance and approve of erosion control removal. 148 Main Street, Sutton Pond Condominium Trust Negative#3 Determination of Applicability—Findings&Special Conditions Page I of 2 4. The Operation &Maintenance Plan shall be adhered to and copies of inspection logs and invoices of maintenance activities undertaken shall be furnished to the Conservation Department upon request The applicant, and their contractors are advised that NO other work on the property that is within the 1.00-foot buffer zone is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any work that involves ground disturbance or changing 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/Prunin . These activities shall be held to the current standards under the Bylaw and WPA. 148 Main Sit-eel, Sutton Pond Condominium Trust Negative#3 Determination ol'Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands L71-� WPA 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 . 1- -----71-1..—---6 I -- - - --........................ the tab key to move onservation Commission your cursor-do riot use the return key. To: Applicant Property Owner(if different from applicant): Sutton Pond Condominium Trust VQ Name Name 148 Main Street Mailing Address Mailing Address North Andover MA 01845 City/Town State m Ztp Code CitylTown State Zip Code Phone Number Phone Number manager@suttonpond.com Email Address Email Address(if known) 1. Project Location: 148 Main Street North Andover Street Address City/Town flow.t..o find Latitude 42.70360 --71,128 . ........... .. ........... and LolMLtudq Longitude(Decimal Degrees Format with 5 digits after Latitude(Decimal Degrees Format with 5 digits after decimal e,g.XX,XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Lot 4 .................... malp-0— de6ma�-de.qree_s, Assessors Map/Plat Number -�—arcel/Lot-Number . . .. . ........................ 2. Date Request Filed: October 15, 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): Mill and overlay existing paved parking lot wtihin existing footprint at easterly side of condo complex, remove and replace three existing catch basins with new deep sump hooded catch basins, rim and invert elevations to be maintained. No changes to site topography is proposed, Work is located within the I 00-foot buffer zone to pond, fringe BVW and 200-foot Riverfront Area to Cochichewick Brook, Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability Site Plan prepared by GPR Rev. 11-20-24 Title Date Long Term Pollution Prevention &Stormwater System O&M, by GPR October 2024 ........... .............—------------- Title Date RDA Application and stIpporting materials 10-11-24 Title Date wpaform2,doc rev,4/1212023 WPA Form 2 Determination of Applicability-Page 1 of 5 � Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� ~� ��K�~��^�� U~��~D~�� - - - - - Form -- — Determination- — ' Applicability North Andover M@SS8ChUS8tts Wetlands Protection Act M.G.L. O. 131. Q40 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 cf the Wetlands Protection Act may proceed until m 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). [l 1. Them/endeochbe�on8lan��vanoed �|�n(a)ie�nanao�ut��±tu�uh�di��ionund�rthmA�� Removing,filling, dredging, oraltering of the area requires the filing ofeNotice 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 msto all decisions rendered pursuant tV the Wetlands Protection Act and its regulations � regarding such boundaries for os long os this Determination iavalid. � i � � � � � 2k 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 ho this Determination urtn the Request for Dohermination. � � � � F] 3. The work described on referenced p]anks> and duounnont(a) ka within an area subject b» jurisdiction under the Act and will remove, fill, dredge, or alter that area. Therefore, said work naquinya the filing of Notice of Intent. � [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. Therafon*, said work requires the filing of � Notice nfIntent � [] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: / Pursuant to the following municipal wetland ordinance or bylaw: wpafornr2.doc-rev.411212023 WPA Form 2—Determination of Applicability-Page 2 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands K�y�� K�� *� -- ��`��~��*~��k� �� K�U~��~U~�� _ _ - _ Form __ Determination- — ' Applicability—'''-^ North Andover Massachusetts Wetlands Protection /\0[ M.G.L. C. 131. §40 B. Determination /cOnf.l 1 ] O. The following area and/or work, if any, ks subject toa municipal ordinance nr bylaw but not subject ko the Massachusetts Wetlands Protection Act: Fl 7. If Notice of Intent is filed for the work in the RiverhnntAnee 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 10.50(4)/o\ 2. for more information about the scope of alternatives vequ|pamento\: 171 Alternatives Mrnibad to the lot onwhich the project is located. 0 Alternatives limited to the lot onwhich the project is |000ted, the subdivided |oto, and any adjacent lots formerly or presently owned by the same owner. El Alternatives limited [o the original parcel on vvh|ph the project is |000tad, 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 un|esstheDepadnnentfa||sboaotoneuchraques(within35dayeoftho 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. Fl 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. nr alter that area. Therefore, said work does not require the filing of | 8 Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter mn Area subject to jurisdiction under the Act. Thensfnna, said work does not require the filing of Notice of Intent, subject to the following conditions (if any). **See Attached List of Special Conditions" Fl 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 au Area aubiu��ho �udadiotinnunder\h�AcL ' ' � | � Massachusetts Department of Environmental ProtectionL7 � � Bureau Qf Water Resources - Wetlands | ��0��J� �� «��~K��^�� ^�� K�K�U~��K�~U~t«« � _ - - - - Form -- Determination— —' Applicability North Andover M@SS@ChUS8tts Wetlands P[Ot8OtiOD Act M.G.L. C. 131, G40 Municipality | � B. Determination (cont,) Fl 5. The area described in the Request is subject to ' risdicUonunderUheAoLSinoeUhavvnrk � described therein meets the requirements for the following exemption, ea specified |o the Act and the regulations, no Notice of Intent io requineU� i | ,'Activity(site applicable""=or'"u"ato/provisions) | Fl 6. The area and/or work described in the Request is not subject to additional review and approval � b anne of Municipality � Pursuant hra municipal wetlands' ordinance mrbylaw. � -i me . Ordinance or Bylaw Citation.~_ C. Authorization | � This Determination is issued to the applicant and delivered as follows: | ' | F] By hand delivery on By certified mail, return receipt request on / 12-19-24 � bui e Date 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) � ByUSPOmail [7 By hand delivery12-19-24 � � Property Owner(if not applicant) n By mail F] By hand delivery .p*"rmuo='rev,w`zouo Wrx Form z-Determination w Applicability'Page^mx Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands LA ��U�� o�� -� ��~��~�� U~��~U~�� _ _ _ _ _ Form _- Determination' — - Applicability--'-� North Andover Massachusetts Wetlands Protection Act M.G.[. C. 131. §40 C. Authorization (cont.) This Determination is valid for three years from the data 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, obohe. or local statutes, nrdinmnoas, bv}mwn. or regulations. This Determination must bo signed bya majority oftheConnervaUonComm|aoion. Aanotedebove. e copy must be sent to the appropriate DEP Regional Office (see ) undthepn)parh/ ownar(ifdiffenanthomthaapp|ioant) on the same date that th Applicant is issued this Determination. Issuing Authority Signatures: Signature Printed Name Sign I Printed Name P(inted Name ignatur 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 ) hoissue a Superseding Determination uf Applicability. The request must be made bv 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 CM R 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. *r*"rm2.*"'rev,wzoouo vRx Form x-Determination m Applicability^Page am5