HomeMy WebLinkAboutMiscellaneous - 10 HEPATICA DRIVE NORTH
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Unit #4 Mayflower Drive, North Andover
At the April 22,2015 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for finish work associated with Unit#4 Mayflower Drive,
Olde Salem Village,North Andover. The finish work includes hot top coating of the driveway,landscape
activities and final grading,looming, seeding and landscape plant installation within the Buffer Zone to
Isolated Vegetated Wetland. The project will conform to the following:
Applicant: Key Lime, Inc.
c/o Benjamin Osgood
10 Hepatica Drive
North Andover,MA 01845
Representative: Elizabeth Wallis/Peter J. Ogren
Hayes Engineering, Inc.
603 Salem Street
Wakefield,MA 03290
Record Documents: Request for Determination of Applicability Application
Form 1 and supporting materials, submitted: April 10, 2015
Grading Plan in No. Andover, Mass.
Prepared by: Hayes Engineering, Inc.
Date: October 4,2004 Last Revised:July 30, 2014
Scale 1"=20'
Plan of Land in No. Andover, Mass.: Foundation Location Building 4
Prepared by: Hayes Engineering, Inc.
Date: April 21,2015 Scale 1"=60'
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.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
2. Prior to the start of construction, the contractor will install/refresh erosion controls as approved by
the Conservation Department between the proposed work and wetland resource areas.
3. Once erosion controls are installed/refreshed, the contractor will contact the Conservation
Department to schedule a preconstruction meeting to inspect the installed erosion controls.
4. Accepted engineering and construction standards and procedures shall be followed in the completion
of the project.
5. All conditions of DEP File #242-1337 as they apply to Unit#4 remain in force. Unit#4 must receive
a full and final Certificate of Compliance as part of DEP File #242-1337.
6. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.corn/Pages/NAndoverMA_Conservation/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 Key Lime, Inc.
return key. Name Name
10 Hepatica Drive
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Grading Plan in No. Andover, Mass. July 30, 2014
Title Date
Plan of Land in No. Andover, Mass.: Foundation Location Building 4 April 21, 2015
Title Date
Title Date
2. Date Request Filed:
April 10, 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):
Completion of site work including final top coating of driveway, grading, loaming, seeding and
installation of lanscape plantings within the Buffer Zone to Isolated Vegetated Wetland.
Project Location:
Olde Salem Village Condos, Unit 4 North Andover
Street Address City/Town
Map 107B Parcel 16
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 of 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.)
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
wpaform2.doc•Determination of Applicability•rev.12/14 Page 2 of 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 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 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 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 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
❑ 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.
wpaform2.doc•Determination of Applicability•rev.12/14 Page 3 of 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.)
❑ 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 Activity(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 Conservation Commission Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
LI by hand delivery on / by certified mail, return receipt requested on
q)
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://www.mass.dov/eea/agencies/massdep/about/contacts/find-the-massdep-reg Tonal-office-for-your-
city-or-town.html) and the property owner(if different from the applicant).
Signatures: 4A6.51
JOC2t1IL.
Ir/
AN
v/0191/
Date
Page 4 of 5
wpaform2.doc•Determination of Applicability•rev.12/14
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.gov/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-vour-city-or-town.html)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.
wpaform2.doc•Determination of Applicability•rev.12/14 Page 5 of 5
Massachusetts Department of Environmental Protection
e of Rotection - Wetlands DEP File Number.
Bur
Request au esource for Departmental Pr 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. City/Town,Zip
c.Check number d. Fee amount
Important:
2. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
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 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
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
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 1 of 2
1 Mt Dmenf Emal Protection
DEP File Number:
Bureau of assachuset Resource s Protection t -Wetlands
Request for Departmental epart o W Action nvironent Fee
Transmittal Form Provided 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 http://www.mass.gov/eea/agencies/massdep/about/contacts/).
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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 2 of 2
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DEP File Number:
, Ell WPA Form 8B - Certificate of Compliance
242-784
i Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use North Andover Land Corporation
only the tab key Name t
to move your 10 Hepatica Drive
cursor-do not
use the return Mailing Address
key. North Andover MA 01845 r
totrib i) City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of F,
Conditions issued to:
rz::=X North Andover Land Corporation
'It Name '
June 6, 1996 Last Amendment June 16, 1999 242-784
Dated t
DEP File Number
3. The project site is located at:
Abbott Village Estates North Andover
Street Address City/Town i
Map 38 Lot 189 (now various parcels)
Assessors Map/Plat Number Parcel/Lot Number ='
the final Order of Condition was recorded at the Registry of Deeds for:
North Andover Land Corporation
Property Owner(if different) £`
Northern Essex _ 5495 39,52,57,60
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/10/13
Date
v pafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 x
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DEP File Number:
WPA Form 8B - Certificate of Compliance
242-784
Provided by DEP
B. Certification
Check all that apply:
L Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditipns has bee atisfactorily completed. t'
(Loco.(
$;
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
t
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
47
C. Authorization
Issued by:
•
North Andover 7
Conservation Commission D e o Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
htto://www.mass.qovidep/about/regionifindvour.htm).
Signatures:
•
PrifrAig
1
wpafrm8b.doc•rev.12/23/09 WPA Form 88,Certificate of Compliance•Page 2 of 3
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DEP File Number:
WPA Form 8B — Certificate of Compliance e
242-784
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Abbott Village Estates 242-784
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County
for:
North Andover Land Corporation
Property Owner
and has been noted in the chain of title of the affected property on: {'
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrmeb.doc•rev.12/23/09
WPA Form 88,Certificate of Compliance•Page 3 of 3
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CONSERVATION DEPARTMENT
Community Development Division 1
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MODIFICATION TO ORDER OF CONDITIONS 1
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Old Salem Village, Rte 114, North Andover
At the June 26,2013 public hearing the North Andover Conservation Commission (NACC)
voted to issue a minor modification to DEP File #242-1337. The Modification shall conform
to the plans and documents referenced below.
j
Applicant: Key Lime, Inc. j
10 Hepatica Drive t
North Andover,MA 01845
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Record Documents: Letter from Hayes Engineering, Inc.
Prepared by: Peter J. Ogren,P.E., P.L.S. t
Date:June 13,2013 t
Grading Plan Sheets 7A &7
Prepared by: Hayes Engineering, Inc.
Last revised:June 6,2013 f
Stamped by: Peter J. Ogren P.L.S.
Scale 1"-20'
Grading Plan Sheet 7
Prepared by: Hayes Engineering,Inc. t'
Last revised:June 13, 2013
Stamped by: Peter J. Ogren P.L.S.
Scale 1"-40'
:
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Approved Modifications
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• Change duplex buildings to single unit buildings (Unit#s 1&2, 9 &10, and 16 & 17 (16&17
outside NACC jurisdiction) and change footprint location of duplex unit #11/12. I.
Special Conditions 4'
• Prior to the start of work, the applicant will submit a site plan to the Conservation
is
Department for approval which depicts all attached structures including decks,bulkheads, c
,
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 „'
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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etc. The location of any accessory structures including air-conditioning units,generators, etc.
should also be shown.
s
• Prior to the start of construction the applicant shall stake the foundation corners and the $`
location of any other attached structures (as shown on the Conservation Department
approved site plan referenced above).
• Once the footprint is staked, the applicant shall contact the Conservation Department for a
preconstruction inspection.
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1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NrindoverMA_Conservation/index
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CONSERVATION DEPARTMENT
Community Development Division
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Modification to Order of Conditions
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The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: fIpy Li/1i c, Enc.
/12 illepfifiL÷ tei ve'.
AVn'r2 f1,iil,i,,P,F'j /274 n/,'VS"
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as a Modification to the Order of Conditions issued in File 242-/337 dated /kid b and
recorded in Book%p 117 and page d cF
Issued by t NO t TH AO ►►OVER CONSERVATION COMMISSION:
et d
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On this 0 ' of n1 do/3 before me personally appeared Louis Napoli to me
day mon h/yr
known to be the person described in and who executed the forgoing instrument and F.
acknowledged that he/she executed the same as his/her free act and dee..
400ei-nek, i Ze/f.7 -4" 2 ',. c2e)/0 t
Notary Public ' ` y CDOMfAilnirlikeirs
1 �/ NOTARY PUBUC 1
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1600 Osgood Street,North Andover,Massachusetts 01845 =`
Phone 918.688.9530 Fax 978.688.9542 Web www.townofnorthandover.cor
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