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HomeMy WebLinkAboutMA HIGHWAY DEPT NORTH O ,,,%D ' qV 1• ACHUs�� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Traffic Signal Improvements Route 125 (Chickering Road— Osgood Street) at 8 Locations,North Andover At the September 23,2009 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the removal of existing traffic signal equipment and the installation of new signal equipment at the following intersections on Route 125; Route 133, Sutton Street, Prescott Street,Walker Road,Main Street,Massachusetts Avenue,Village Green,and Peters Street. Additidnal work includes wheelchair ramp reconstruction,removing and resetting existing granite curb, and sidewalk replacement or patching.The Walker Street location is within Riverfront Area and three other locations are within the Buffer Zone to Bordering Vegetated Wetland (BVW). All work is within the existing State Highway Layout of Route 125. Applicant: MassHighway Department Patricia Leavenworth,P.E.,DHD 519 Appleton Street Arlington,MA 02476 Representative: Massachusetts Highway Department Robert L. Boone,D.E.E. 519 Appleton Street Arlington,MA 02476 Record Documents: Request for Determination of Applicability MassHighway Department Boston,MA 02118 Dated: 8/17/09 Letter: Division of Fisheries&Wildlife NHESP Tracking No.: 09-27111 Dated: 8/31/2009 Plans: Plan of Traffic Signal Improvements, (Chickering� P � Route 125 ( g Road— Osgood Street) at Locations in the Town of North Andover Sheets 1, 3, 5,7,11, 13,15 and 17 of 18 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://xvww.tounofnorthandover.com/Pages/NAndoveriNLA,—Conservation/index Pre-Construction ❖ Prior to construction on the Traffic Signal Improvement Project, a MassHighway representative shall walk the jurisdictional work areas with the North Andover Conservation Administrator to determine appropriate erosion controls. Materials submitted by MassHighway did not include a delineation of resource areas or defined erosion controls.All necessary erosion controls will be properly installed and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. Erosion controls shall be inspected by the Conservation Department prior to the start of construction. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. Should additional measures be required by the NACC, they shall be installed within 48 hours of the Commission's request. ❖ All catch basins within the work area shall be protected with silt sacks during excavation activities. ❖ Excess material and construction debris shall be properly disposed of off site and no stockpiled material shall be stored within the 100-foot Buffer Zone. ❖ Accepted engineering and construction standards and procedures shall be followed in the completion of the project. Post Construction ❖ Immediately following completion of the work, any disturbed area shall be permanently stabilized against erosion. If weather conditions do not permit the establishment of vegetative cover through seeding,jute matting or other stabilization material shall be used. ❖ Once the site is adequately stabilized, the Conservation Department shall be contacted to conduct a final site inspection. 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/NAndover-'tvlA_Conserva6on/index 'LJ\ 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):cursor- do not use the MAHighway Department, Patricia Leavenworth, return key. P. E. DHD Name 519 Appleton Street reb Mailing Address Mailing Address Arlington MA 02476 City/Town State Zip Code Cityrrown State Zip Code refmn 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Plan of Traffic Signal Improvements _ 9/11/09 Title Date Title Date Title Date 2. Date Request Filed: 9/11/09 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): The removal of exisitng traffic signal equipment and install new signal equipment at the following intersections on Route 125; Route 133, Sutton Street, Prescott Sreet, Walker Road, Main Street, Massachusetts Avenue, Pedestrian Crossing south Village Green Drive, and Peters Street, all work confined to exisitng State Highway layout within Riverfront and the Buffer Zone to Bordering Vegetated Wetland. Project Location: Route 125, Route 133 North Andover Street Address City/Town N/A N/A Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5 'LJ\ 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.1016J04 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form Z — 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 after 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 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.1016/04 Page 3 of 5 'LJ\ 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. 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 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.qov/dep/about/region.findvour.htm) and the property owner(if different from the pppJr an Signatures: Date wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability LI y 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/dep/about/region findyour 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-shali 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.10/6/04 page 5 of 5 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: 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. City/Town State Zip Code QPhone Number Fax Number(if applicable) Project Location Mailing Address City/Town 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/Town 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($100 for individual single family homes with associated structures; $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 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016/04 Page 1 of 2 rig 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 hftp://www.mass.aov/dep/about/region/findyour.htm). 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.10/6/04 Page 2 of 2