HomeMy WebLinkAbout2023-02-28 Department Review SPR CONSERVATION DEPARTMENT
Commmnity Development Division
NEGATIVE #3 DETERMINATION OF APPLICABILITY
FINDINGS &SPECIAL CONDITIONS
1701 Osgood Street(Rt 125),North Andover
At the January 11,2023 public headiig, the North Andover Conservation Commission (NACC)voted to issue a
Negative#3 Determination of Applicability approving the project at 1701 Osgood Street based on its findings
below and subject to conditions listed below. The overall proposed project entails the addition of second self
storage warehouse building with associated parking, utilities, and drainage infrastructure to be constructed behind
the existing warehouse building. This work will occur well outside of any resource areas or buffer zones,however
the project includes decommissioning the existing subsurface sewage disposal system and connecting the existing
storage building to the recently installed sewer maitl in Osgood Street. The sewer connection requires minor
sitework within the outer buffer zotle to the BVW that is located across the,street o►l 1600 Osgood. The work, at its
closest point, is approximately 84' from the BVW across the street and will occur within paved driveway.
"The project shall conform to and comply with the following:
Applicant: Extra Space Properties 104LP
2795 E. Cottonwood Parkway 4400
Salt Lake City,Utah 841.21
Record Documents: Request for Determination of Applicability Form 1,with supporting materials,
submitted: December 1,2022;
Record Plans: "Sewer Connections Plan for Extra Space Storage", prepared by Allen Engineering
& Associates, dated November 23,2022.
The followiatt;special conditions are mandated:
1. A pre-construction meeting with the Conservation Department shall be lield to review conditions of
this permit and to inspect catch basin silt sack installation.
2. All excavated materials shall be immediately containerized so as to protect the existing surface
detention basin at the front of the site and prevent same from erodi►ig to wetland across the street.
3. A post construction meeting witlt the Conservation Department shall be held to verify compliance
and approve removal of silt sacks.
`* "The applicant and tlieir cotrtractors are advised that NO other work on the property is allowed under this
permit The NACC has jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones on site and any
work that involves ground disturbance or changing the current conditions in these areas will require permitting witli
the NACC.This includes but are not limited to, house additions, pools, patios, decks, sheds, fences, garden beds,
landscapigg and bridge installation,tree or vegetation cuttiii pruning.These activities shall be held to the current
standards under the Bylaw and WPA.
1701 Osgood Street
Negative#3 Determination of Applicability—Findings&Special Conditions
Page I of I
4
Massachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ O. 131' &40
A. General Information
Important:
When filling �[oDl'
|ngnu� '
forms on the
North Andover
computer, use
only the tab -Conservation— — ---ission
---
keyt«m»«» To: Applicant Property Owner(if different from eppUuaOd:
your cursor-
do not use the Extra Space ProLP
return key. Name Name
2795 E. Cottonwood Parkway#400
Mailing Address Mailing Address
Salt L ke City Utah 841�1
��_ Zip Code Cltyfrown State__ Zip Code
"--�---� 1. Title and Date (o[ Revised Data if applicable) of Final Plans and Other Documents:
Sewer Connection Plan for Extra Space Storage, prepared byAllen 11'23-22
Engineers &Associates omo
RDA and associated supporting materialsRcVd12-01-22
Title Date
Title Date
2. Date Request Filed:
December 1 2022B. Determination
Pursuant hu the authority ofK8.G.Lc131. 4O. the Conservation Commission considered Your
Request for DohaDD|Dabon of Applicability, with he supporting dooV[0eDtatink, and made the following
Determination.
Project Description (if appUoab|e):
The overall proposedproject entails the addition ofGsecond self-storage warehousebuilding with
associated perhiOg, uU|iUnu, and drainage infrastructure ho be constructed behind the existing warehouse
. building. This work will occur well outside of any resource areas or buffer zones, however the project
includes decommissioning the existing subsurface sewage disposal system and connecting the existing
storage building b>the recently installed sewer main |n Osgood Street. The sewer connection requires
minor sitework within the outer buffer zone to the BVW that is located across the street on 1600 Osgood..
The work, at its closest point, is approximately84' from the 8\8Noo[ose the street. All work within the
buffer will belocated within the existing. dddVevYai
Project Location:
1701 Osgood Street North Andover
Street Address City/Town
Map 01 kd{6
Assessors Map/Plat Number Parcel/Lot Number""""
vipu"rmo.do -Determination a^pplira»ilitv'rev.momom Page/ma
4
L
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.)
The following Determination(s)islare 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)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 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 br bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc-Determination of Applicability-rev.5110l2020 Page 2 of 5
4
Massachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
M@8S@OhUS8tts Wetlands P[UtenHOD /\Ct M.G.L. O. 131. &40
B. Determination (cont,)
[l8. The following area and/or work, if any, |o subjecthua municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
�l 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 b7the wetland regulations at 10.58/4\o. for more
information about the scope of alternatives ReqU|neDleOh):
171 Alternatives limited ho the lot on which the project io |oom0ed.
Alternatives limited b/the lot nO which the project is located, the Subdivided lots, and any
adjacent lots formerly o[presently owned by the same owner.
1771 AbaDloiivea limited b) the original po[oe| on which the project is located, the subdivided
perca|o, any adjacent parcels, and any other land YVh|oh can reasonably be obtained within
the n0Uniu|pm|ih/.
1771 Alternatives extend to any sites which can reasonably be obtained within the appropriate
nag|oD of the state.
Negative Determination
applicant.Note: No further action under the Wetlands Protection Act is required by the 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 36 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.
1771 1. The area described in the Request is not eD area subject to protection Under the Act or the
Buffer Zone.
171 2. The work described |O the Request|e within gn area subject ho protection under the Act, but will
not[eVnoVe, fill, d[8dge, o[alter that area, Therefore, said VVo[h does not require the filing of
Notice ofIntent.
3. The work described in the Request is within the Buffer Zone, as defined in the negu|aUons, but
will not alter an Area subject to protection under the Act. The[efo[e, said work does not require
the filing ofo Notice of Intent, subject to the following conditions (if any\.
**See Attached F| di & SpecialCoOd|bVOa"
[l 4. The work described in the Request is not within an Area subject to pPoheoUVO under the Act
(including the Buffer Zone), Tha[efo[e, said work does not[eqU|na the filing of Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
*pammm='Determination m Applicability^rev.5/1m202o Page umo
4
Massachusetts Department of Environmental Protection
L71 Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
1771 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:
-Exen—iptActivity-(site—applicabfe—statuatoryfiegulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
-Name--6-f—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:
El by hand delivery on El by certified mail, return receipt requested on
January_13,_2023
--da—te 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 be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see 1-offices-
by-coMMunity) and the property owner(if different from the applicant).
wpaformMoc•Determination of Applicability•rev.6118/2020 Pago 4 of 6
4
ILIMassachusetts 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
C. Authorization (cont.)
Signatures:
Si nature Pri ted t4jame
Signature Printed Name
-§I—gnati Printed N m
JJ
X,
Printed Name
ign6ture
Signatur6' _____4_ w
Printed Name
P ted Na�e
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
communtty) 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 CIVIR 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.
wpaforin2.doo-Determination of Applicability-rev.5/118/2020 Page 5 of 5
12/15/22,4:43 PM Town of North Andover Mail-1701 Osgood Street-Self Storage
__
NORTH ANDOVER Jean Enright<jenright@northandoverma.gov>
Aassachust:{W
1701 Osgood Street-Self Storage
------------
Bob Kilcoyne<bkilcoyne@northandoverma.gov>
To:Jean Enright<jenright@northandoverma.gov>
0
Bob Kilcoyne<bkilcoyne@northandoverma.gov>
to Jean
Jean
1701 Osgood St.
The Fire Department is requiring standpipes in both stairwells giving there is no access to the rear of the building. 527 CMR ch 18 [18.2.3.2.1.1, 18.2.3.2.2.1 and 18.2.3.1.4]
The Fire Department is looking for an access road on the B side of the building to access the rear of the building.
How far is the Hydrant from the FDC? Should be within 100 feet.
What is the plan for snow removal?And will it impede our access to the building?
Lt.Bob Kilcoyne
[Quoted text hidden]
https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f%3A1752317754769846279&situp]=msg-f%3A17523177547... 1/1
1/9/23, 12:08 PM Town of North Andover Mail-1701 Osgood St.
10
No ANO VER
Masaohus �t Jean Enright<jenright@northandoverma.gov>
1701 Osgood St.
1 message
Bob Kilcoyne <bkilcoyne@northandoverma.gov> Mon, Jan 9, 2023 at 8:52 AM
To: Jean Enright<jenright@northandoverma.gov>
Hi Jean
The Fire Department has reviewed the plans and spoke with the contractors regarding access, standpipes and hydrants.
The Fire Department is satisfied with the swept path, parking space concessions, standpipes and hydrant location. The
snow pile area was also noted and the fire department is satisfied with the area, will they be putting signs up for tae
designated snow area?
Lt. Bob Kilcoyne
httnc,//mail nnnnla nnm/mail/u/0/?ik=7c:2eff6265&view=nt&se arch=all&oermthid=thread-f%3A 1754553364215383858&simpl=msq-f%3A17545533642... 1/1
12/15/22,8:40 AM Town of North Andover Mail-1701 Osgood Street-Self Storage
Nof(C;)H A OVER
tla
Jean Enright<jenright@northandoverma.gov>
massachus
1701 Osgood Street - Self Storage
Bob Kilcoyne <bkiccoyne@northandoverma.gov> Wed, Dec 14, 2022 at 5:12 PM
To: Jean Enright<jenright@northandoverma.gov>
Jean
1701 Osgood St.
The Fire Department is requiring standpipes in both stairwells giving there is no access to the rear of the building. 527
CMR ch 18 [18.2.3.2.1.1, 18.2.3.2.2.1 and 18.2.3.1.4]
The Fire Department is looking for an access road on the D side of the building to access the rear of the building.
How far is the Hydrant from the FDC? Should be within 100 feet.
What is the plan for snow removal?And will it impede our access to the building?
Lt. Bob Kilcoyne
On Fri, Nov 4, 2022 at 8:24 AM Jean Enright<jenright@northandoverma.gov>wrote:
[Quoted text hidden]
https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f%3A1752229174745636203&simpl=msg-f°/o3A17522291747... 1/1
12/27/22,4:14 PM Town of North Andover Mail-1701 Osgood Street FD Review
OVER N�1R Jean Enright<jenright@northandoverma.gov>
Massachus �ts �
1701 Osgood Street FD Review
Greg Susko <gsusko@sdgdevcon.com> Tue, Dec 27, 2022 at 3:08 PM
To: "jweir@northandoverma.gov" <jweir@northandoverma.gov>, Bob Kilcoyne <bkilcoyne@northandoverma.gov>
Cc: "jenright@northandoverma.gov" <jenright@northandoverma.gov>, David Williams <dwilliams@sdgdevcon.com>, John
Smolak<JSmolak@smolakvaughan.com>, Michael Dryden <michaeld@allen-ea.com>, "Graves,Andy"
<agraves@blcompanies.com>, Patrick Dunford <PDunford@vhb.com>
Good afternoon Chief Weir and Lt. Kilcoyne,
Thanks again for taking the time to review the plan and meeting with us on December 20th. Per
your request, we have run an AutoTurn analysis using your 100-foot ladder truck. The results
were essentially identical to what was depicted on the last plan for which we used a more simple
turning template by the fire truck manufacturer. Since the results were the same, and you
indicated that things were "tight", we modified the parking area to eliminate 5 parking spaces and
turn the stalls 90 degrees in a parallel fashion. This revision yields an additional 4 feet of clear
space for an aisle width of 34 feet (was previously 30 feet). As you can see, there are no turning
conflicts and there is extra maneuvering room.
We also modified the loading area such that it is located farther away from the fire truck path.
Lastly, we added the snow stockpiling areas where there will be no hindrance to truck movement.
With regard to your email questions:
1. Request for standpipes: Standpipes will be provided in both stairwells since there is no
access to the rear of the building by vehicle.
2. Access Road on side B of building: N/A based on 12/20 discussion with the fire department
and the addition of standpipes.
3. Fire Hydrant distance from FDC: Approximately 80'.
4. Snow removal: See attached plan for snow storage locations.
We are confident that we have adequately addressed your concerns and respectfully request that
if you find these revisions acceptable, to please inform Planning Director Jean Enright that based
upon the plan revisions provided, that your questions and comments have been satisfactorily
addressed.
Thank you,
Greg Susko
https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f%3Al753399150795543616&simpl=msg-f°/o3A17533991507— 1/2
12/27/22,4:14 PM Town of North Andover Mail-1701 Osgood Street FD Review
Thanks,
Greg Susko
Director of Construction
DEVELOPMENT
CONSTRUCTION
STORAGE & DISTRIBUTION GROUP, LLC
gsuska sdgdevcan.com
617-784-2889
2 attachments
mn 221215 NAFD Comment.pdf
98K
Extra Space Storage -Revised Swept Path Analysis 12_27_22.pdf
428K
https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=al I&perm msg id=msg-f%3AI 753399150795543616&simpl=msg-f%3Al 7533991507... 2/2
I \,VIL
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3.018tAG Properties 104 LLC
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Group.LLC
1 / \ s 31 Border Street
Cohasset,MA 02025
\ NC.ANDOVER'0 ----�ERCUSTC`='
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11/8/22,8:25 AM Town of North Andover Mail-1701 Osgood Street-Self Storage
NOCt AgC?VR Jean Enright<jenright@northandoverma.gov>
Massachus�i a
1701 Osgood Street - Self Storage
Brian LaGrasse <blagrasse@northandoverma.gov> Tue, Nov 8, 2022 at 8:37 AM
To: Jean Enright<jenright@northandoverma.gov>
No concerns on my end. I spoke with their attorney and they will be tieing into the sewer when it's available. They will be
getting a contractor to pull a sewer tie in permit from DPW and contract signed to do the work.
On Fri, Nov 4, 2022 at 8:24 AM Jean Enright<jertr,ig[it cx,northandovei"ma.gov>wrote:
[Quoted text hidden]
Brian J. LaGrasse, CEHT
Director of Public Health
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone 97&688.9540
Fax 97&688.8476
Email blagr<ssse@riorthaiidoverma.gov
Web www.northaridoverma.gov
https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f°/`3A1748934479490954334&simpl=msg-f%3A17489344794... 1/1
11/7/22,8:34 AM Town of North Andover Mail-1701 Osgood Street-Self Storage
Ot ` 1 OVER
Jean Enright<jen rig ht@northandoverma.gov>
Massachus It
� ,ryrr
1701 Osgood Street - Self Storage
Daniel Lanen <dlanen@napd.us> Fri, Nov 4, 2022 at 11:07 AM
To: Jean Enright<jenright@northandoverma.gov>
All set, no further comment.
[Quoted text hidden]
Lt. Daniel P. Lanen
North Andover Police Department
Operations Division Commander
E-mail: dianen@napd.us
Phone: 978-242-1542
https://mail.google.com/mai I/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f%3A1748578611484222450&simpl=msg-f%3A17485786114... 1/1
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