HomeMy WebLinkAboutMiscellaneous - 565 OSGOOD STREET CONS ATToxDEPARTMENT
C mmunity Devr1opmenr Davttiuu
NEGA'T'IVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
565 Osgood Street, North Andover
At the November 5,2014 public hearing,the North Andover Conservation Commission (NACC)voted to
issue a Negative Determination of Applicability for drainage improvements and minor grading as shown
on the herein referenced plans within the Buffer Zone to Bordering Vegetated Wetland and Bank of an
Intermittent Stream. The proposed improvements include the installation of a catch basin with an outflow
pipe and grading within the schoolyard as well as maintenance work within an existing drainage swale. The
project will conform to the following.
Applicant: Downer Brothers Landscaping,Inc.
334 Clark Street
North Andover,MA 01845
Owner: Family Cooperative Preschool, Inc.
565 Osgood Street(a.k.a.48 Carolina Way
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials,submitted: October 24,2014
Portion of Plan for Edgewood showing area of the Preschool with hand
edits done by Chris Downer,submitted: October 24,2014
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
small project permit and is aware of the wedand resource area and the limits of the proposed work.
The proposed catch basin will be installed outside of the 25-foot No-Disturbance Zone.
2. Prior to the start of construction,the contractor will install erosion controls as approved by the
Conservation Department between the proposed work and wetland resource areas.
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3. Once erosion controls are installed, the contractor will contact the Conservation Department to
schedule a pxeconstruction meeting to inspect the installed erosion controls.
4. Accepted engineering and construction standards and procedures shall be followed in the completion
of the project.
S. Excess soils or other material shall be properly disposed of offsite and shall not be stockpiled within
50'of the resource area.
6. Once construction is completed,all disturbed areas will be loamed and seeded.
7. Upon completion of the approved project and site stabilization (seeded areas axe ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved,erosion controls
can be removed.
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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 Downer Brothers Landscaping Inc. Family Cooperative Preschool
return key. Name Name
��� qf 334 Clark Street 565 Osgood Street
Mailing Address Mailing Address
North Andover 01845 North Andover le 01845
City/rown StSt ate Zip Code CityRown State Zip Cade
FA
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Untitled Plan October 24 2014
Title Data
Title nate
Title Date
2. Date Request Filed:
10/24/2014
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):
Drainage work within the Buffer Zone to Bordering Vegetated Wetland
Project Location:
565 Osgood Street North Andover
Street Address cdyrrovm
Map 36 Parcel 24
AssessorsMap/Plat Number ParoeVl-ot Number
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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 plants)is an area subject to protection under the Act.
Removing,filling,dredging,or altering of the area requires the fling 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
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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.
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ElmassachuseMs Departrnent 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 st-tuatoirregulatory provisions)
❑ 6.The area and/or work described in the Request is not subject to review and approval by:
North Andover Conservation Commission
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw. Chapter 178
North Andover Wetlands ProtectionB law Ortlinanre or Bylaw cdahon
Name
C. Authorization
This Determination is issued to the applicant and delivered sbfY Icert lied mail, return receipt requested on
El by hand delivery on YYJJ p
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Data
Dale
This Determination is valid for three Years from the date of issuance (except Determinations for
, This
Vegetation Managemet
cant f onmPwhich
comply ng with all lother applicable federal, statefor the duration of the )or local Determination
relieve the app 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 ....�I-office-forvvour-
rl r �almassdev/abouticenhaclsrfed
city-or-town htmcantl) and the property owner(If different from the applicant).
Signatu s:
Data
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Massachusetts Departtnent 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 Determidents of the city or
nation, any owner of land abutting the land
upon dhi etherpro notifiwork ed of is to a do request the approne. or any ten real priate Departmenttof Environmental own in which h land is
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Protection Regional office(see htlo l/www mass aov/eelan "
m� -onal-o�frx-vourcdv-0r-townAbnl)to issue a Superseding Determinahe ropy in
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
of the
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
anduto the applicantlat the same if he/shetimes not the appebe sent by llant Thail or heat halll state clearly ivery to the oand conciselynserwition the
fission
objections to the Determination which is being appealed.To the extent that the Determination is based on
Department rdi n nce or
renyla Protectionnton the Massachusetts has no appellate jut sWeilands Protection Act or regulations,the
tal
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Massachusetts Department of Enviramental 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:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer,use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. Cityrrown state Zip Code
Phone Number Fax Number(if applicable)
Project Location
An
Mailing Address
City?own 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
City?own State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability($120)
❑ Superseding Order of Resource Area Delineation ($120)
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
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Massachusetts Department of Enviraunental Projection
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
http*//www mass gMr/eealagencies/massdeplabout/contacL4 rxi-tlie- aio Voffk e r
yourcitv-0r-own.hfml).
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.
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