Loading...
HomeMy WebLinkAboutAMTRAK 7 Massachusetts Department of Environmental Protection Amtrak Right of Way- , Bureau of Resource Protection- Wetlands g WPA Form 2 - Determination of Applicability 1 F Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 General Information From: 3. Title and Final Revision Date of Plans and Other Documents: NORTH ANDOVER DY�-h hnby'- AmbsK- Corwvadon Commission i. ApplicantKJAnt o� Gt p TEC Associates -t ' Name of Person Making Request 46 Sawyer Street Mailing Address South Portland, ME 04106 Ciry/fown slope Tp Code 2. Property Owner: Amtrak Name ofPropenyOwrw(if diff&w from applicant) 32 Cobble Hill Road M&fingAddress Somerville, MA 02143 Ciry/fown state Zip Code Determination Pursuant to the authority of M.G.L.c.131,§40,the NORTH ANDOVER Conservation Commission has considered your Request for Determination of Applicability,with its supporting documentation,and has made the following Determination regarding: Amtrak Right of Way streetAddress Cf TOW Zip Code Assessors MapiPlat ParceAotdr Massachusetts Department of Environmental Protection Amtrak Right of Way Bureau of Resource Protection- Wetlands WDS .". Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Determination (cont.) The following Determination(s)is/are applicable to the ❑ 5.The area andlorwork described on plan(s)and proposed site and/or project relative to the Wetlandsdocument(s)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request, is subject to review and approval by Positive Determination NORTH ANDOVER Note:No work within the jurisdiction of the Wetlands Narm of Mumpal# Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw, or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the C. ap op 0 C,bd P Department of Environmental Protection). ❑ 1.The area described on the plan(s)referenced above, �O �� A nd byez_ which includes all or part of the area described in the Request, is an area subject to protection under the Act. Therefore,any removing,filling,dredging,or altering of that area requires the filing of a Notice of Intent. ❑ 6.The following area and/or work,if any,is subject to ❑ 2.The delineations of the boundaries of the resource municipal bylaw but not subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Ad: referenced above,which includes all or part of the area described in the Request,are confirmed as accurate: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on plans and documents referenced above, Therefore,the resource area boundaries confirmed in this which includes all or part of the work described in the Determination are binding as to all decisions rendered Request,the applicant must consider the following pursuant to the Wetlands Protection Act and its regulations alternatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this Determina 10.58(4)c.for more information about the scope of tion is valid.However,the boundaries of resource areas not alterative requirements) listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the project is tion,regardless of whether such boundaries are contained located on the plans attached to this Determination or to the Request for Determination. ❑ Alteratives limited to the lot on which the project is ❑ 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request,is within an area subject to Cl Alternatives limited to the original parcel on which the protection under the Act and will remove,fill,dredge,or project is located,the subdivided parcels,any adjacent alter that area.Therefore,said work requires the filing of a parcels,and any other land which can reasonably be Notice of Intent. obtained within the municipality. ❑ 4.The work described on plan(s)and document(s) El Alteratives extend to any sites which can reasonably referenced above,which includes all or part of the work be obtained within the appropriate region of the state. described in the Request, is within the Suffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ..L A Massachusetts Department of Environmental Protection Amtrak Right of Way Bureau of Resource Protection- Wetlands . W A Farm 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Determination (cont) Negative Determination 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the is required by the applicant.However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of intent is required: ing Determination of Applicability;work may not proceed on this project unless the Department fails to act on such =3 1 r M D•03 c bXio) owt request within 35 days of the date the request is post- EnmptAaMty marked for certified mail or hand delivered to the Depart- f D C m K I D.S Z). (��t 1�a)l ment.Work may then proceed at the owner's risk only upon notice to the Department and to the conservation ❑ 6.The area and/or work described in the Request is not commission.Requirements for requests for Superseding subject to review and approval by Determinations are listed at the end of this document. NORTH ANDOVER ❑ 1.The area described in the Request is not an area subject Nameofauld0ky to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw, ❑ 2.The work described in the Request is within an area (name and citation of bylaw). subject to protection under the Act,but will not remove,fila, 64 dredge,or alter that area.Therefore,said work does not --T require the filing of a Notice of Intent. . 6 r-Ik A h d w�/<. - ❑ 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. ❑ 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. Authorization This Determination must be signed by a majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as follows: regional office(see appendix A)and the property owner(if different from the applicant). ❑ by hand delivery on Signatur . Daze Yff by a�tRUd mail, on February 17, 2000 Date This Determination is valid for three years from the date of ��Y�f�.Yi� a 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. Date Massachusetts Department of Environmental Protection Amtrak Right of way Bureau of Resource Protection- Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Appeals The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at tion,any owner of land abutting the land upon which the the same time be sent by certifiedmail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not town in which such land is located,are hereby notified of their the appellant.The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E:Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of fl...... A..F A .! Massachusetts DepartnientofEnvironmenta/Protection Amtrak Right of way. Bureau of Resource Protection- Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c, 131, X40 Please type or print clearly all Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address MaiGngAd&ess CAYTown GYty/Town State Zrp Code state Zip Code Phan Number Plan Number fax Number(if applicable) fax Number(Yapplxwe) Project Location: DEP File Number: SlreetAddress C01Town Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation 3 Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the commonwealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by ' certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. 310 CMR 10.99 JOYCE BRAn_ AW TOWN CLE-�K Form 2 NORTH ANGER i �j � , DEP File Na. .,,,, €") Jar (To be provided by DEP) Commonwealth GryiTown North Andover E .r r of Massachusetts Applicant AMTRAK ;, ` Dare Request Filed Jan. 18, 1995 AMTRAK Right—of-Way Determination of Applicability Massachusetts Wetlands Protection Act; G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority Mr. Wayne Duffett, P.E. Amtrak National Railroad To TEC Associates Consulting Engineers Passenger Corporation (Name of person making requests (Name of property owner) PO Box 2747 2000 Market Street Address So. Portland ME 04106 Address Philadelphia PA 19103` This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) Xn� by certified mail, return receipt requested on February 3 1995 (date) Pursuant to the authority of G.L.c. 131, §40,the North Andover Conservation Co�nmisGon has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): Location: Street Address Amtrak Right-of-Way`in North Andover, MA Lot Number: 1. ' The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act.Therefore,any removing,filling, dredging or altering of that area requires the filing of a Notice of Intent. Verified Wetland Delineation 2. The work described below,which includes all/part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area.There- fore, said work requires the filing of a Notice of Intent. Effective 11/10/89 2-1 3. The work described below,which includes allipart of the work described in your request,is within the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent_ This Determination is negative: 1. O The area described in your request is not an Area Subject to Protection Under the Act. 2, p The work described in your 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. 0 The work described in your 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. 4. O The area described in your request is Subject to Protection Under the Act, but 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: Issued by NORTH ANDOVER Conservation Commission Signature{s) Vv This Determi ation must be signed by a majority of the Conservation Commission. On this ` day ofLc;C�2 19 Q� before me personally appeared George Reich to me known to be the person described in,and who executed, the foregoing instrument, and acknowledged that he!she executed t ame as hi er f ee act and deed. 9 t Public My commission expires This Determination does not relieve the applicant from comolying with all other aoolicable federal.state or local statutes.ordinances. by-laws or regulations.This Determination shall be valid for three years form the aate of Issuance The applicant,the 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 riaht to request the Department of Environmental Protection to issue a Superseding Determination of Applicability,providing the request Is made by certified mall or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(71 within ten oays 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 the applicant. 2-2A