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Home My WebLink AboutConservation Permit # 10/24/2013 ��it�loj� I�r CONSERVATION DEPARTMENT Community Development Division NEGXfIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 303 Abbott Street, Map 38 Parcel 20-Lot 1, North Andover At the October 23, 2013 public hearing die North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability to construct a single family home and septic system with utilities, grading and landscaping outside of the 100'Buffer Zone to Bordering Vegetated Wetland and an Ephemeral Pool. To prevent impacts to adjacent resource areas,work shall comply with the following: Applicant: Boberin,LLC—Bob Corcoran 9 Whitney Road Boxford, MA 01921 Representative: Wetlands and Land Management, Inc. William Manuell 100 Conifer Hill Drive Suite 5160 Danvers, MA 01923 Record Documents: Site Development Plan G1 Date: 10/1.0/2013 Wetland Delineation: See ORAD issued under DEP File #242-1606 Issued 10/10/2013 Construction Conditions: All work will be conducted in accordance with the above referenced documents and plans. Changes to the herein referenced plans may require additional approval from the NACC. °S Prior to the commencement of work, erosion controls will be installed as shown on the herein referenced plans. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnortliandover.com/Pages/NAndoverMA—Conseivadon/index In lieu of filing for a Land Disturbance Permit with the North Andover Planning Board, the applicant agrees to install a stone construction entrance (detail to be provided prior to the start of work) and to protect catch basins in the street with silt sacks within 100 feet of the proposed work. The Conservation Department will be contacted prior to the start of work to inspect the installed erosion controls. Excess materials and construction debris shall be properly disposed of off-site and all excess material will be stockpiled within the erosion controls. Post Construction Conditions: Immediately following completion of the work,and prior to the removal of erosion controls, any disturbed areas will be permanently stabilized against erosion by loatning and seeding and other approved methods. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:littp://vnvw.townofnorthandover.com/P,,iges/NAndoverNIA—Conseivation/index LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131. Q40 A. General Information - Important: When filling out ��rom� forms on the North Andover computer, use Conservation Commission only the tab key t»move To: Applicant Property Owner(if different from opp|icanU: yourcureor- donotunetho Boberin LLC'BobCorouran Regina Bomba return key. Name Name 9 Whitney Road C/o Attorney Michael Manzi, 28DMerrimac VQ Mailing Address Street Suite B Box[ond [NA 01921 Methuen MA 01844 QtyrTmwn State Zip Code CityrTown State Zip Code �--=---" 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: � Site Development P|an C-1 10/10/13 Title Date Title Date Title Date 2. Date Request Filed: 1011/13 � 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 a single family home and septic system with utilities, grading and landscaping outside of the 100' Buffer Zone to Bordering Vegetated Wetland and an Ephemeral Pool. Erosion control and a � limit of work are proposed upgradient cfth 100Y Buffer Zone Project Location: 3O3 Abbott Street North Andover Street Addres City/Town Map 38 Parcel 2O-Lot1 Assessors Map/Plat Number PomeVLctNumbor wpafo"m2.uoc'Determination m Applicability'rev.10/6/04 Page 1m5 Massachusetts Department of Environmental Protection WPA ILBureau of Resource Protection - Wetlands I Form ® 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.10/6/04 Page 2 of 5 Massachusetts Department of Environmental Protection WPA LABureau of Resource Protection - Wetlands 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). ® 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.10/6/04 Page 3 of 5 ILIMassachusetts Department ofEnvironmental Protection Bureau of Resource P[Ot8CfiOD - Wetl8DdS WPA Form 2 — Determ~nat^on of Applicability Massachusetts Wetlands Protection Act M.G.LC. 131. §40 B. Determination (cont.) F-I 6. The area described in the Request ie 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 ofIntent is required: Lempt Activity(site applicable statuatory/regulatory provisions) 6. The area and/or work described in the Request is not subject to review and approval by: Town of North Andover Name ofMunicipality Pursuant toa municipal wetlands ordinance orbylaw. North A d Wetlands Protection B | Chapterl 78 Name Ordinance vr Bylaw Citation � C. Authorization � _ - ' _' ' '___ � This Determination is issued to the applicant and delivered aofollows: bv hand delivery on bv certified mail, return receipt requested on � Date Date This Determination is valid for three years from the date of issuance (except Determinations for � VegetationW1anagamentP|mnsvvhiohamave|idforthedunatinnoftheP|an). ThisDeharminaLiondoesnot � relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, � bylaws, or regulations. This Determination must be signed bya majority oftheCnneervaUonCommiaeion. Acopymustbeswntho the appropriate DEP Regional Office (see and the � property' ` ' � � Signatures:_ � L-ILI-3 Date � vp*wmz doe-Determination of Applicability-rev.10/6/04 Page 4wo Massachusetts Department of Environmental Protection WPA Form 2 — f Appab Bureau of Resource Protection - Wetlands Determination o lip ility L7/ 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 litto://www.i-nass.00v/der)/abouVIErggliiognn,.fi�r.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 CIVIR 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.10/6/04 Page 5 of 5 L71Massachusetts Department of Environmental Protection Bureau Df Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form M@88@ChUS8tts 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 n*pnaoenbabve): forms onthe computer, use only the tab N-- keytommm your cursor ---='---- do not use the return key, City/Town State Zip Code VQ -Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town 3\em 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 � ~~^ n'~~~~ � 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 onm): Superseding Order of Conditions ($100 for individual single family homes with associated � structures; $2OO for all other projects) [] Superseding Determination of Applicability ($1OO) [] Superseding Order of Resource Area Delineation ($1OO) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department ofEnvironmental Protection Box 4062 Boston, MAU2211 mmm'm2.uoc'Request for Departmental Action Fee Transmittal Form^rev,1016m* Page I"/2 � ILIMassachusetts 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 ). 4. A copy of the request shall at the same time be sent bv certified mail or hand delivery bothe Conservation Commission and to the applicant, if he/she is not the appellant. � � � � � � � � / � � � °paf"rmz^" 'Request for Departmental Action Fee Transmittal Form'rev.10mm* Page zmo