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HomeMy WebLinkAboutMiscellaneous - 40 BAYFIELD DRIVE r a �xaACHnaft CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Installation of Underground Conduit for new Comcast Service at 40 Bayfield Drive, North Andover At the August 14,2013 public heating the North Andover Conservation Commission(NACC)voted to issue a Negative Determination of Applicability for the installation of an underground conduit within the Buffer Zone to Bordering Vegetated Wetland.A waiver as requested by the applicant was approved.Work shall comply with the following Applicant: Edward Thomson,Project Coordinator for Comcast 92 Glenn Street Lawrence,NIA 01843 Representative: Dewsnap Engineering Associates LLP Paul A. Dewsnap 178 Lincoln Avenue Saugus,MA 01906 Record Documents: Request for Determination of Applicability,received August 2,2013 Prepared by Paul A.Dewsnap of Dewsnap Engineering Associates,LLP Record Plans And Other Documents: Cover Letter/Project Narrative—3 pages (Received August 2,2013) Plan titled"Request for Determination of Applicability Proposed Comcast Underground Conduit"prepared by Dewsnap Engineering Assoc. LLP,dated July 29,2013;received August 2, 2013 Waiver Request Form—received August 2,2013 Wetland Delineation: Delineation Confirmed by the Administrator Construction Conditions for Proposed Underg_Quad Conduit• d• All work will be conducted in accordance with the above referenced documents and plans. 1600 Osgood Suet,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://w .tow afiorthmdovenc=/Pages/NAndovedAA.Conservation/index ? Prior to the commencement of work,erosion controls will be installed as shown on the Plan referenced above and detailed in the Project Narrative referenced herein. 8 Silt sacks shall be installed in catch basins between the work and the wetland. The Conservation Department will be contacted prior to the start of work to inspect the installed erosion controls. 3 Excess materials and construction debris shall be properly disposed of off-site. B• Ail catch basins shall be protected with silt sacks during construction. Post Construction Conditions for Ptoposed Underground Conduit: :• Immediately following completion of the work and prior to the removal of erosion controls,any disturbed areas will be permanently stabilized against erosion by loaming and seeding and other approved methods. •s Upon stabilization the Conservation Department will conduct a final inspection to confirm the restoration of prior site conditions and the removal of all erosion controls. 1600 Osgood Street,Building 20,Suite 236,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnortbmdovn.com/Pages/NAndoveiMA_Conservatim/index 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 L' A. General Information Important: From: When filling out forms on the North Andover computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Edward Thomson return key. Name Name S n Glentreet ro Mailing Address Mailing Address Lawrence MA 01843 cityrrown Stale Zip Code City/rown State Zip Code na 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Proposed Comcast Underground Conduit Plan July 29 2013 Title Dale TRIe Date Title Data 2. Date Request Filed: 8/2/13 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 an underground conduit within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 40 Bayfield Drive North Andover Street Address Cityaown Map 25 Parcel 28 Assessors Map/Plat Number ParceULot Number .mrmnx aoc oere,minnionaMcrmdrry m.Io v .las 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)is/am 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 plants)is an area subject to protection under the Act. Removing,filling,dredging, or staring of the area requires the fling of a Nolice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurete.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 fling 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 or bylaw: Name Ordinance or Bylaw Citation »n.rwn,z.m.•o.i..,,m.om aroWiuo-rb•��.iareaa P,.2&5 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.) ❑ 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 fled for the work in the Rivertront 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. for more information about the scope of alternatives requirements): ❑ 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 post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owners 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 protection under the Act or the Buffer Zone. ❑ 2.The work described in the Request is within an area subject to protection 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 protection under the Act.Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the fling of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. vRalamR tloc 0&aml„etim NPpYraNily're..1a P,.3w5 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.) ❑ 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: Exempt Activey(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Cilation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 2'by certified mail, return receipt requested on Date 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 http'/twww.mass.gov/dep/aboutJregion.findvour.htm)and the property owner(if different from the applic t). Signatures: Date wpelarm2.dx.pele,mineticn W PppliceGlR/•m•.10,8W P4a4 N 5 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 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 http,//www mass aov/deo/at)ouVregion findvour htm)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. wpalo,m2.bJ[•�elenninallm WPppllceblliry•rev.101Ggt Fagff M5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: making request(if appropriate, name the citizen group's representative): When filling out 1. Person orparty forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. citylrovm state Zip Code Phone Number Fax Number(if applicable) —� Project Location .w Mailing Address Cilyrrmn state Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Name Mailing Address cityfrown state Zip Code Phone Number Fax Number(B applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated stmctures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wyek,m2.dM a uW1 DeWmedel N W Fw rmnmi Fmm•rev.16 ft,1W2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see hfto,IAw mass cov/deo/about/region/fiindvour html. 4. 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. x:elvnQ.g--Regueel fm)e,aMaMel Mem Fee Tm ftl Foml•tev.16dJ9 Page 202 S—eyars Dewsnap Engineering Associates LLP _ Engineers 178 Lincoln Avenue - Saugus NI UUb1906 Environmental Specialists Phone: (781) 233-0595 Fax: (781) 231-5521 Planners e-mail: admin@dewsnapengineering.com ----------------------------- LETTER OF RECEIPT Via Hand Delivery DATE: August 2, 2013 TO: Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 FROM: Paul A. Dewsnap RE: Submission Data for a Request for Determination of Applicability For a Proposed Underground Conduit on Bayfield Drive 40 Bayfield Drive—North Andover, MA 01845 COMMENTS: With this "Letter of Receipt" are the following: - One (1) copy of a Request for Determination of Applicability—WPA Form 1 with Cover Letter, Supporting data and two (2) plans on 11"x17" paper This data is being submitted to the Property Owner as required. Received By:� Date:4-1424--�3 Title/Position::::� 1 ,f'O•,li Surveyors Dewsnap Engineering Associates LLP Engineers 178 Lincoln Avenue - Saugus, MA 01906 Environmental Specialists Phone: (781) 233-0595 Fax: (781) 231-5521 Planners e-mail: admin@dewsnapengineering.com 2013 AUG -2 Ari i; : 58 August 2, 2013 Ms. Jennifer Hughes t r. Conservation Administrator Conservation Department Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Request for Determination of Applicability for a Proposed Comcast Underground Conduit located on 40 Bayfield Drive—North Andover, MA 01845 Applicant: Ed Thomson, Project Coordinator for Comcast Dear Ms. Hughes: This submission is respectfully being sent to you and the Conservation Commission for review of the WPA Form 1 —Request for Determination of Applicability and the attached plans to determine whether or not the above referenced project can proceed under a negative determination. The proposed work will consist of the installation of a 3"PVC, Sch. 40 underground conduit within the layout of Bayfield Drive. The proposed conduit route will begin at the existing utility pole#34/37/1 located on the northerly side at the end of Bayfield Drive. The conduit will continue within the paved way of Bayfield Drive,cross the paved way and continue within the grass area one(1)foot off the edge of pavement to the corner of the building at#40 Bayfield Drive(see Plan).The conduit is being placed to provide service to this building. There are two(2)wetland resource areas located at the end of Bayfield Drive and located between Bayfield Drive and the Andover ByPass Road (Rt. 125). These areas were reviewed by Robert E. Marini of Native Landscapes and delineated as Bordering Vegetated Wetlands(BV W). The BV W lines are depicted upon the attached plans and,the DEP Field Data Forms prepared by Mr. Marini are attached. During Mr. Marini's wetland review of the area,he determined that the area is not subject to the Rivers Act. Also,further review of the Town of North Andover Wetlands Regulations Riverfrom Area Map and the North Andover MIMAP indicate the proposed work area is not within any Riverhont area(see Plans attached). Review of the latest"Estimated Habitat of Rare Wetlands Wildlife Map&Certified Veinal Pools"map shows there are no areas subject to review by the Natural Heritage&Endangered Species Program(NHESP). There are two(2)portions of the proposed conduit work within the 100 foot Bufer Zone. The first location is from the existing utility pole 934/37/1 and is approx. 88 feet in length. It will continue from the utility pole and be placed within the paved way within Bayfield Drive. The second location runs fron the existing building comer of#40 Bayfield Drive and will run within the established grass area,one (1)foot off the edge of pavement and is approx. 99 feet in Iength.The total length of the conduit to be place from the utility pole to the building comer is approximately 334 feet(see Plan). Ms. Jennifer Hughes August 2,2013 Conservation Administrator Page 2 Conservation Department Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Request for Determination of Applicability for a Proposed Comcast Underground Conduit located on 40 Bayfield Drive—North Andover, MA 01845 Applicant: Ed Thomson,Project Coordinator for Comcast The work proposed by the applicant,Comcast,for both areas within the buffer zone, will consist of the installation of one (1) 3" PVC, Sch.40 conduit which will be placed within the established paved way of Bayfield Wive and the established grass area. The proposed trench will be approximately 12"wide and 24"-30"deep.The approximate length of the proposed condiut within the 100 foot buffer zone is 187 It and will temporarily disturb approximately 187 s.f. during trenching. The trenching work for the conduit will entail saw cutting the pavement,excavating the pavement and soil,installing the 3"conduit,backfill and re-pave. For the area being trenched within the established grass area,they will be backfilled,loam and seeded, and hay spread over the top to keep it stabilzed until the grass has taken hold. At the end of each work day the area will be broom swept of any construction debris. Prior to any construction, envirofence will be placed around utility pole#34/37/1 and from the building at #40 Bayfield Drive along the existing paved drive to Bayfield Drive between the work and protected area to keep sediments and particulate matter from entering the resource areas. Also,catch basins within the 100 foot buffer zone and near the trenching on the downslope side will be fitted with a Silt Sock during the work in order to keep excavated material from entering the drainage system(see Plan Sheet 2 for details). This office has reviewed DEP Policy#BRP 99-1 for work within the Buffer Zone and the project meets the"Criteria for Activities within the Buffer Zone"for a negative determination.They are as follows,in the order they appear for Policy 99-1. 1. Policy 99-1: Alteration within the buffer zone is less than 5,000 square feet or 109/6 of the buffer zone on the lot, whichever is less; RESPONSE: There will be no alteration within the buffer zone. The work being performed in the established paved way and grass area of Bayfield Drive within the 100 foot buffer zone will be temporarily disturbed when the trenching work is performed. The total length of the 12 inch wide trench is 187 Lf.and the total area of the trenching is 187 s.f,more or less. Once the conduit is installed in this area it will be re-paved, grass/seeded to its original condition. 2. Policy 99-1: At a minimum,a fifty foot wide area of undisturbed vegetation in the buffer zone along the resource area is provided; RESPONSE: There will be no disturbance of any vegetation already established between Bayfield Drive and the resource areas(See Plans). Again, all work will be within the established paved way and grass area of Bayfield Drive. Ms. Jennifer Hughes August 2, 2013 Conservation Administrator Page 3 Conservation Department Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Request for Determination of Applicability for a Proposed Comcast Underground Conduit located on 40 Bayfield Drive—North Andover, MA 01845 Applicant: Ed Thomson,Project Coordinator for Comcast 3. Policy 99-1: Storrnwater is managed according to standards established by the Department; RESPONSE: There are no new storm water controls proposed for this project. 4. Policy 99-1: The buffer zone where the project is proposed does not border an Outstanding Resource Water(i.e.,certified vernal pool, public water supply,or some ACEC's); RESPONSE: The buffer zone, where this project is proposed, does not border an Outstanding Resource Water. 5. Policy 99-1: The buffer zone does not contain estimated wildlife habitat which is indicated on the most recent Estimated Habitat Map of rare Wetlands Wildlife;and RESPONSE: The work within the buffer zone does not contain an estimated wildlife habitat according to the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife. 6. Policy 99-1: Erosion and sediment controls are provided at the limit of work to protect resource areas; RESPONSE: Envirofence will be placed between the work area and the resource area to keep sediments and particulate matter from entering and, silt sacks will be placed within any catch basins within the work vicinity to keep sediments from entering during trenching and conduit installation (see Plan). Should you or the Conservation Commission have any questions regarding this project,please call this office at your earliest convenience. Sincerely, Dewsnap Engiin�}etenn Assoc' LLP Pa . Dewsriap rt Manager Cc: Ed Thomson—Comcast,Applicant Town of North Andover,Property Owner(Bayfield Drive) Bayfield Associates,Property Owner(#40 Bayfield Drive) DEP—Northeast Region Massachusetts Department of Environmental Protection Nam Andover \ Bureau of Resource Protection -Wetlands city/roan WPA Forth 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: 1. Applicant: When filling out forms on the Ed Thomson _ __ _ Ed Thomson@cable.comcastcom computer, use Name E-Mail Address only the tab key 92 Glenn Street to move your cursor-do not Mailing Address use the return Lawrence MA 01843 State Zip Code key. cayrrown 978685-0258 x-43582 • Phona Number Fax Number(if applicable) 2. Representative(if any): "ae Dewsnap Engineering Associates LLP Firm Paul A. Dewsnap Comact Name E-Mail Address 178 Lincoln Avenue Mailing Address Saugus MA 01908 Cay/r~ state Zip Code 781-233-0595 781-2315521 Phone Number Fax Number ff applicable) B. Determinations 1. 1 request the Norm Andover make the following determination(s). Check any that apply: consamoon Cc emission ❑ a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced below are accurately delineated. ® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: North Andover --- — Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). pgtaa •pNmmt he Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andover WPA FOForm1- Request for Determination of Applicability C yrro Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 40 Bayfield Drive North Andover street Address Cdyrrown Map 25 Lot#28 Assessois Map/Plat Number Pamel/Lot Number b. Area Description (use additional paper, if necessary): The project is located at the end of Bayfield Drive near the Andover Town Line. There is an existing one(1) story office building at 40 Bayfield Drive with associated walks, parking and landscaping. Bordering vegetated wetlands exists at the end of Bayfield Drive(See attached Plans) c. Plan and/or Map Reference(s): Request for Determination of Applicability-Proposed Underground Conduit July 29 2013 Plans-2 Sheets(11"x17") Date USGS Map Title Date North Andover Wetlands Regulation Riverfront Area Map, North Andover MIMAP&Assessors Map Date 2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary): The applicant, Comcast, is proposing to install a 3" PVC, Sch. 40 underground conduit from the existing utility pole#34/37/1 located at the end of Bayfield Drive and continue within the existing paved way of Bayfield Drive, cross Bayfield Drive and continue along the edge of pavement to the comer of#40 Bayfield Drive. There are two(2)areas were work will be within the 100 foot buffer zone.They are, the proposed length of conduit from the utilty,pole within the paved way, approx. 88'and,the other area is from#40 Bayfield Drive along the edge of pavement, approx. 99' (See Plan). The proposed trench for the conduit will be approx. 12"wide and 24"to 30"deep. Once the 3"conduit is placed within the open trench, it will be backfilled, compacted and paved at the end of each work day. For those trench areas within the grass, they will be backfilled, loam and seeded, and hay spread over the top to keep it stabilized. The area will be broom swept of any remaining construction material. Prior to any construction, the contractor shall install envimfence along those areas indicated on the plan and, silt sacks will be installed within the catch basins that are downslope of the conduit being installed. These controls will be kept in good working order to keep any excavated material and sediments from entering the stone drain system. rytlnml.Mc PW 204 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andover Cily/To-xn WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). The project meets to the extent practical the criteria for activities in the buffer zone(DEP Policy 99-1). See the attached cover letter outling the work within the Buffer Zone. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 6/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8!7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a rewrded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above(use additional paper and/or attach appropriate documents, if necessary.) r.MMm1.E¢ Pps3W1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands North Andwer }Yoram WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c 131, §40 D. Signatures and Submittal Requirements I hereby certify unser the penaltes of WAmy that tl.e fcregmg Request for Dwernralion of Appicac lay and accompanying* documents,and supporting =3 are true and comp ete to the hest of my kacwle qe. I father mrtl y-sot the property owner,it different fiorn the a0wart,and the a.propnote,DEP Regional Dffce mere sent a complete copy of ttas Request(ncl di g all appropriate docunentatian) s rmr tameously with the subnti2al of flus Request lo the Conservation Cormnss.cr. Fadure by the apPlirand to send co es M a tangy mariner may result r d s ssa of the Request for Determination of ApplicabdAy. Name and address of the prcpery owner Town of%orh Andover & Bavireelq Assoc,a�a tame 120!lain Saes 40 WWd Drve V"a AaCeN North Andaver North Anatover "Yft", MA 01845 Me zip co3e Sigratraes: 1 also understand that ndifwtion of this Request w't be placed in a local ncrospnper at n y expense in accorrddwee with SSeectfm 10-0513 ;(1)of Me Wetlands Protection Aa regulabons �1 ots�lcan � ormepRiNaellYe laaarl � sm..•r vyr�a� DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Comcast Prepared by: Robert E. Marini Project location: 40 Bayfield Rd.NAnd. MA DEP File#: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Sections I only Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Section I and II ❑ Method other than dominance test used(attach additional information) Section I. Vegetation Observation Plot Number: I A Transect Number:@NLga Date of Delineation: 6/18/13 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland (by common/scientific name) (or basal area) Dominance (yes or no) Indicator Category' Sai Red Maple/Acer rubrum• s0 1011 y fac Vine Poison Ivy/Rhus toxlcodendron• 20 100 y fac Shrub Black Oakl Quercus velufina 25 25 y fac- Wlnterberry/IletLtsdiclllata• 25 25 y facw Arrow-wood/Viburnum dentatum' 25 25 y fac Choke Cherry/Prunus aennsvlvanica 25 25 y facu Ground Cover White Pine/Pinus stmbus 20 33 y facu Canada Mayflower/Mienthemum conadenae 20 33 y facu Wiry Fescue/Fesluca ovina 20 33 y facu Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c.131, s.40); plants in the genus Sphagnum', plants listed as FAC, FAC., FACW-, FACW, FACW.,or OBL; or plants with physiological or morphological adaptations, If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant Weiland Indicator plants: 4 Number of dominant non-wetland indicator plants: 5 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes no IA Section ll. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation ❑ Site Inundated: 1. Soil Survey ❑ Depth to free water in observation hole: Is there a published soil survey for this site? yes no ❑ Depth to soil saturation in observation hole: title I date: Web Soil Survey of Northern Essex County ❑ Water marks: map number: 38 soil type mapped: WrA Woodbridge Fine Sandy Loam ❑ Drift lines: hydric soil inclusions:Whitman Loam ❑ Sediment deposits: Are field observations consistent with soil survey? es no ❑ Drainage patterns in BVW: Remarks: ❑ Oxidized rhizospheres: ❑ Water-stained leaves: 2. Soil Description Horizon Depth Matrix Color Mottles Color ❑ Recorded data(stream, lake, or tidal gauge; aerial photo; other). O 0-6" 10 YR 3/2 _ A 6-12" 10YR 5/4 _ C 12-20" 10YR 5/6 _ ❑ Other: Vegetation and Hydrology Conclusion yes no Number of wetland indicator plants ❑ 0 >_number of non-wetland indicator plants Remarks: Wetland hydrology present: 3. Other: hydric soil present ❑ ■ other indicators of hydrology ❑ present Conclusion: Is soil hydric? yes no Sample location is in a BVW ❑ 0 SuCmft MIS form wiM Me Request for Jeterm4ufiun of 1pplicaelIM,or Notice on Intent DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Comcast Prepared by: Robert E. Marini Project location: 40 Bayfield Rd.NAnd . MA DEP File#: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Sections I only Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Section I and II ❑ Method other than dominance test used(attach additional information) Section I. Vegetation Observation Plot Number: I B Transect Number:@NL 9a Date of Delineation: 6/18/2013 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland (by commoniscientific name) (or basal area) Dominance (yes or no) Indicator Category' canoov Red Maple/Acer rubrum33 100 y fac Vine Poison Ivy/Rhus toxicodendron' 20 s0 Y fee Virginia Creeper/Parthenocissus Ouinaustolls 30 s0 y facu shrub Black Oak/Quercus veludns 36 33 Y fee- Paper Birch/Betula papyrlfere- 26 33 y faces Arrow-woodf Vibumum dentetam' 25 33 Y fac Ground Cover Read Gross/Phoamites communill40 100 Y ON Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c.131,s.40), plants in the genus Sphagnum; plants listed as FAC, FAC+,FACW-,FACW, FACW+,or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland Indicator plants: 6 Number of dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? L:7 no IB Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation ❑ Site Inundated: 1. Soil Survey Depth to free water in observation hole: 12 Is there a published soil survey for this site? yes no Depth to soil saturation in observation hole: 6 title/date: Web Soil Survey of Northern Essex County map number: 36 ❑ Water marks: soil type mapped:Whitman Loam ❑ Drift lines: hydric soil inclusions: Leicester ❑ Sediment deposits: Are field observations consistent with soil survey? (ii) no ❑ Drainage patterns in BVW: Remarks: ❑ Oxidized rhizospheres: 2. Soil Description ❑ Water-stained leaves: Horizon Depth Matrix Color Mottles Color ❑ Recorded data(stream, lake, or tidal gauge; aerial photo; other). O 0-6" 10YR 2/1 C 6"-12" 10YR 3/1 ❑ Other: Vegetation and Hydrology Conclusion yes no Number of wetland indicator plants 0 ❑ >_number of non-wetland indicator plants Remarks: Wetland hydrology present: Saturatetl at 6"standing water @12" ■ El3. Other: hydric soil present other indicators of hydrology ■ ❑ present Conclusion: Is soil hydric? GD no Sample location is in a BVW ❑ Suluna M)s form meth the Request for dete traol ofAppllcaElllry or Notice on Intent Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( 1 Town of North Andover Abutters Listing For Site Plan Review REQUIREMENT Mi 40A,Section n states'o pan•paties in lmereA as used in the chapter .If mean Pe mationer, reverse.worse of lana didecary oppoaneon any purr or private way.and review,to aWners andon three Hundred(]vel feel M Ne popMy line of has pennoner as they appear m the mml recent appl iaele .IIA,net vnthNandnp had Pa land of for,on.owner is initiated In another ary or have,she planning beadorthed rctown,and the owning oeardofevery sought dryortown.' Subiect Propem: MAP PARCEL Name Address 25 28 Bayfield Associates 40 Bayfield Drive,North Andover,MA 01845 Abutters Properties Map Parcel's Name Addrests 25 32 Francis Walsh 12 Kathleen Drive,Andover 01810 25 60 Frederick Galinski 8 Kathleen Drive,Andover 01810 25 61 Paul Doucette 10 Kathleen Drive,Andover 01810 25 62 Timothy McCarron 14 Kathleen Drive,Andover 01810 25 70 Atlee of Dle reare,Inc 89 Willow Street Extension,North Andover,MA 01845 25 73 Bud Realty Trust 11 Bayfield Drive,North Andover,MA 01845 25 74 Easlcon Realty Trust PO.Box 1599 Manchester,MA 01944 25 76 Muffin Realty Trust 351 Willow Street Extension,North Andover,MA 01845 This certifies that the names appearing on the records of the As ssorce as of Certified by: ' ate NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act The North Andover Wetlands Protection Bylaw In accordance with the Massachusetts General Laws,Chapter 131, Section 40,as amended,and the North Andover Wetlands Protection Bylaw,(Chapter 178),you are hereby notified of the following: The name of the applicant is Comcast EL request for a Determinatig0 The applicant has filed a T_`='_t• (L.) w'tN the North Andover (application) Conservation Commission(NACC)for the purposes of installation of a 3" PVC (project description) underground conduit at 40 Ba field Drive North Andover MA (site address) The North Andover Conservation Commission will hold a public hearing on WEDNESDAY, August 14th at 7:00 P.M.at the Town Hall,120 Main (date) Street,20° Floor Meeting Room,North Andover,MA 01845. Copies of the RDA may be examined or obtained for a fee from: (application) (check all boxes that apply): ❑ Applicant at rj Representative at © Conservation Department, 1600 Osgood Street,North Andover,MA 01845 Monday through Thursdays 8:00 a.m.to 4:30 p.m. Tuesday 8:00 a.m.to 6:00 p.m. Friday,8:00 a.m.tol2:00 p. m.Please call the Conservation Department at 978.688.9530 beforehand to verify arrangements.Copies may be available for a fee. Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from the Conservation Department at 978.688.9530. NOTE: Notice of the public hearing, including its date,time,and place will be published in the Lawreuce Eagle-Tribune at least five(5)business days in prior to the public hearing date. NOTE: Notice of the public hearing, including its date,time,and place will be posted in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to the public hearing date. NOTE: You may also contact the Conservation Department or the Northeast Regional Department of Environmental Protection Office for more information about this application or the MA Wetlands Protection Act.To contact the Northeast Regional Department of Environmental Protection Office,call 978.694.3200. x N A Alw . Jtlw M 3w •M 4i" 3 IIfM Y M M x qQ. SRA 37lA � 41 L Is 1lIA - Jl -A IUrA 11JA u ]3M93 9W 31 w Ml 3' I]Iw I.)I >M 1131! Jffw e A lllw MA 113nR I! 11 1 1!0 x j a LY]A )1161 3b ]34 !m AMA +f IM 31 !3 f) J.SJA JI )I30 Illl Y B p) JNA 3.OIA LMn g !) 1' IS1fP IID '- 3Af f I.MA I.MA IW y A le 1! 11A 1 1 IM 11.9)A O )MA ibn l.bA 9 9.11A 11.31n M M " W xA TOf � • N31 Ily, ifYw ) B) 13 A A)Yn �" 2!!A SNA ib ) A w H N M • � � o U 3.0BA •w, Igl1♦ yl S.IIA 6] p ff m MDA ASIA Ll .31. m y 111 M A Il3A I.MA IYIA SF)M! 31 9 16A 16 x I) R1w .15A 3Y IIA NA , anoputl Town of North Andover `�,......- T�� Board of Assessors 2 =`,,,�„ u 25 ..d. 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