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HomeMy WebLinkAbout1998-08-20 Superseding Determination of Applicability Town of North Andover rio"7M ,ti COMMUNITY DEVELOPMENT AND SERVICES 30 School Street _ K p X North Andover, Massachusetts 01845 �RSSACNI]Sti{�y WrLLLAIvi J. SCOTT Director April 21 , 1998 Mr, Thomas Neve Neve Associates, Inc. 447 Old Boston Road Topsfielti, M,A 11983 RE: SUPERSEDING DETERMINATION OF APPLICABILITY - #465 Great Pond Road. Dear Tom: This Department is in receipt of a Superseding Determination of Applicability from the Massachusetts Department of Environmental Protection (DEP) dated 3-31-98. In essence, this document approves the proposed wetland delineation as depicted on the plan entitled "Plan of Land for Marie Loughlin" prepared by Neve Associates, dated REV 3-2-98. While I am not necessarily in agreement with the revised wetland flag locations, which 1 believe are somewhat conservative and in "upland" locations, I do understand the appeal process and the necessity of getting approvals for your client especially when requested revisions have little or no impact on the project in its entirety. However, had future work been proposed within the jurisdictional buffer zone of the Commission and involved wetland alteration/mitigation I would be opposed to the wetland flag locations required by the State. Simply put, the underlying hydrology is the driving force behind the functionality of wetland resource areas and conservative delineation's based solely on vegetation and absent this parameter typically result in failed mitigation areas. In any event, I have reviewed the submitted plans and I have spoken with Margaret Finn of DEP-NERD and together we concur that at this time no future filings are required through the North Andover Conservation Commission (NACC) or DEP-NERO as proposed work is greater than 100' from the edge of on-site wetlands and therefore outside the jurisdiction of the NACC. Any activity proposed or undertaken outside the areas specified in 310 CMR 10,02(1) and outside the Buffer Zone is not subject to regulation under M.G.L. c,131 s,40 and does not require the filing of a Notice of Intent unless and until that activity alters an Area Subject to Protection under M.G,L. c.131 s.40, ©OARD OF APPEALS 688-9541 BTALDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING iG G88-9535 I trust that this correspondence will suffice and clarifies outstanding issues, however, should you have any questions or conc rns please do not hesitate to contact me. Sincerely, Michael D, Toward Conservation Administrator Cc: WACC Richeile Martin,Conservation Associate File