Loading...
HomeMy WebLinkAboutMiscellaneous - 497 FOSTER STREET CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 497 Foster Street, North Andover At the October 21, 2015 public hearing,the North Andover Conservation Commission(NACC)voted to issue a Negative Determination of Applicability for the installation of a 1-inch copper water service from Foster Street to the residence at 497 Foster Street The construction is within the 100-foot Buffer Zone to Bordering Vegetated Wetland(BV W) and crosses under an existing culvert.The water line will be installed within a 6-inch PVC sleeve for 20 feet on either side of the crossing to avoid future disturbance of the culvert The project will conform to the following. Applicant Glen&Andrea Fitzpatrick 497 Foster Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: September 24, 2015. Project Summary dated September 22,2015 Prepared by Sullivan Engineering Group,LLC PO Box 2004 Woburn,MA 01888 Letter from Thomas W. French,Ph.D. Division of Fisheries&Wildlife Dated: October 21,2015 NHESP Tracking No: 15-34890 Record Plan: Water Service Connection Plan Date: Sept. 17,2015 Prepared by: Sullivan Engineering Group,LLC Stamped by:John D. Sullivan III,P.E. 1600 Osgood Street,Suite 2035,North Andover,Massachusem 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://wmm.to ofnorthandov -com/Pages/NAndoverMA_Covsezvati=/index Wetlands Delineated by: Norse Environmental 9/14/15 SPECIAL.CONDITIONS: 1. prior to the start of construction the applicant shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Erosion controls (a 12"minhnum filter sock–biodegradable,no plastic netting) and the dewatering basin shall be installed in accordance with the approved plan. 3. Once erosion controls and dewatering area are installed,the applicant shall contact the Conservation Department for a preconstructioninspection. 4. The applicant shall notify the Conservation Department prior to crossing the culvert. Staff from the Conservation Department shall monitor work during excavation under the culvert. 5. Wetland markers will be placed at the 25-foot No-Disturbance Zone or the existing limit of vegetation at 30'intervals. Markets me available from the Conservation Department ($2 round/$3 square).At wetland flag 9B a post with a wetland marker shall be placed ten(10) feet up-gradient of the flag and shall mark the limit of the No-Disturbance Zone. 6. Upon completion of the approved project and final site stabilization please contact the Conservation Department for a final inspection.Erosion controls should not be removed until final approval is granted. f 600 Osgood StreeS Suite 2035,North Andover.Massachnsena 01845 Phwe 978.688.9530 Paa 978.688.9542 Web,http://v .W—Ofnord=do ".wm/Pages/NA-dOverMA_Conscr tm/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 A. General Information Important: When filling out From: 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 Glen&Andrea Fitzpatrick return key. Name Name 497 Foster Street VQ Mailing Address Mailing Address North Andover MA 01845 City/rovm State Zip Cotle CityRmvn Stale Zip Cotle aw 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Water Service Connection Plan September 17 2015 Title Date TRIe Date Title Dale 2. Date Request Filed: September 22 2015 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 water line within the Buffer Zone to Bordering Vegetated Wetland associated with an intermittent stream.Work includes excavation under an existing culvert Project Location: 497 Foster Street North Andover Street Address City?own Map 1048 Parcel 27 Assessors Map/Plat Number ParoebLol Number �.rbc•C i ronditplimmo,•,w.1V14 Peg1 M5 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/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)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 or bylaw: Name Ordinance or Bylaw Citation µyHm d2 •De mn ion dAr,f Gury•rev.iv14 PWe3cs 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 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 to the wetland regulations at 10.56(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 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. ❑ 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 fling 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 ❑ 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 filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. rsmz.aee Dewmineaonoumpnv,amy-m..ivw rase a05 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: ExemptAdivity(site applicable sWtuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: North Andover Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Chapter 178 Name ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on ielsJls Dale 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 httD//www mass aov/eealaaencies/massdeo/about(contactslrind-the-massdep-Eetgionaloffim-for-vour- citvor-town.htmil and the property owner(if different from the applicant). Signatures: I f7 i� /SJ iS Dale ..y,iom -Deacon wnygx.umy-rev.tura vo,ams 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 goyfeeWagenckm47k wAeohboutfmntacts/find-the- massdep-regional-oNke-for-vourcity-or-town.htmn 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. wear m2 dcc-DWrmmeeon d 4plceblilly-rev.1V14 I.,e d5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.Cityrrovpn,Zip c.Check number d.Fee amount Important: 2 Person or artYmaking request(if appropriate, name the citizen group's representative): When filing out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do Cityrrown state Zip Cade not use the return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 48), Order of Conditions(Form 5), Restoration Order of Conditions(Form 5A), or Notice of Non-Significance(Form 6)): apm Name Mailing Address Cityrrown state Zip Code Phone Number Fax Number(ifapplicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 v fo,mldw•Funu roraepanm talA n Fee TenaMIMI Fam n-IVIS Pape 1IX2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Prov ded by DEP 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 htbp.,//www.mass.nof�/eealatgmciesfmassdeptaboWcanfac[41. 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. WPeu 2 d -Re uestbr Deranmenlel Muon Fee Trgnmlllal Fwm-rev.1V15 P�2m2