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HomeMy WebLinkAbout67,71,75 AND 79 EMPIRE DRIVE 3j • •, ppL F P Y ! Y i �♦ 'tI•�•nr,e rrr'�.f �STACHnaR4 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 67, 71, 75 and 79 Empire Drive, North Andover At the July 14,2010 public hearing the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for the construction of driveways and one wallsaay (Lot 22) installation of utilities,and grading and landscaping on Lots 19,20,21 and 22 of the Orchard Village Subdivision within the Buffer Zone to Bordering Vegetated Wetland(BVIX) and Inland Bank.The construction is associated with single family dwellings being constructed outside of the 100-foot Buffer Zone on each of the indicated lots. A8 work is located outside of the 50-foot No Build Zone. Applicant: Orchard Village,LLC 44 Great Pond Drive Boxford,MA 01830 Record Documents: Request for Determination of Applicability,received July 1,2010 Prepared by:Philip Christiansen Christiansen&Sergi, Inc. 160 Summer Strut Haverhill,MA 01830 Site Plans Titled: `Site Plan for RDA for 67,71,75,and 79 Empire Drive' (4 sheets-Lots 19-22)) Prepared by:Philip Christiansen Christiansen &Sergi, Inc. 160 Summer Street Haverhill,MA 01830 Dated:June 29,2010 Construction Conditions s This Determination of Applicability(DOA)is issued in addition to an Order of Conditions(OOC)DEP File#242-1459. No portion of this DOA shall exempt the applicant from frilly complying with all aspects of Order 242-1459. 1600 Osgood Stmet,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fn 978.688.9542 Web:http://w .wu ofnoAhmdovercom/Pages/N_lndo"rNL9_lonservafon/index :• Any changes in the submitted plans caused by the applicant or another Board's decision must be submitted to the NACC for approval prior to implementation. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 1600 Osgood Stmet,Budding 20.Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9313 Web:hnp://www.townof ionlsandover.com/Pages/N.AndoNTr\LA_Consemation/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: fortes 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 Orchard Village LLC return key. Name Name Great Pond Road +` Mailing iling Atltlresa Mailing Address Boxford MA Zip 21 Co Boxfcdyfrord MA 01 Code CitylTown state Zip Code FA 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Site Plan for RDA for 67 Empire Drive(Lot 22), 71 Empire Drive(Lot 21) June 29 2010 75 Empire Drive(Lot 20) 79 Empire Drive(Lot 19) Data Title Date Title Date 2. Date Request Filed: 711110 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): Construction of four driveways and one walkway(Lot 22), installation of utilities, grading and landscaping within the Buffer Zone to Bordering Vegetated Wetland and Inland Bank. Work is associated with the construction of 4 single-family homes on these lots which are sited outside of the 100-foot Buffer Zone. Project Location: 79 Empire Drive(Lot 19), 75 Empire Drive(Lot 20) North Andover 71 Empire Drive(Lot 21) 67 Empire Drive(Lot 22) cityrro Map 107C Parcels 18.19 18.20 18.21 and 18.22 Assesaors Map/Plat Number Parcen.al Number xyelam].bx•Celxm'u,etim NAPPr.WK,•mi,106M Pape 1 d 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 Detennination(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 plants)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 plants)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 fling 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 yalmnzbx•neletml droit dWy bllity•rev.1l P,.205 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 Protecfion 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 10.58(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 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. wpelo,mz Cac.DMe,minMw erl lk ehly-rev.let Pepe3 Ns 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 Munlcipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: El by hand delivery on ILS by certified mail, return receipt requested on q�rs�io Date Cate 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 htto:/lw .mass.gov/deo/aboutfre(iion.findvour.htm)and the property owner(if different from the applicant). Signat res: n tA -711 .0 Date I I wyaro,mzaoc.�I mimfim ap 1p bilUy-rev.toaw Papa 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 htto�//www mass eov/deo/about/reeion.findvour.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 fling 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. xpamm¢eoc•DeWmimhwolay biliry-rev.1a Pe®esas 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): fors on the computer,use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/ro%m state Zip Cods Phone Number Fax Number(if applicable) Project Location �a Mailing Address Corroam 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 c4rroem 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 vpe-2 doc•Requeel for DepaN rnw Minn Fro Trensmplal Fmm-rev.16 Pepe 1 a2 Massachusetts Department oW lmental Protection - Bureau of Resource Protection -Wetetlandands 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, htto://www.mass.goy/deo/abouVFeuion/findvour.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. rylam].Em•RgxflN OepaNn,tlel Mlxv,FeehenemillelFam•m.1QdJ� P,.202