HomeMy WebLinkAboutMiscellaneous - 45 ROSEMONT DRIVE Massachusetts Department of Environmental Protection
L7 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 Stephen & Kaye Mann Same
return key. Name Name
45 Rosemont Drive
Q Mailing Address Mailing Address
North Andover MA. 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA April 30, 2004
Title Date
Plan of Land 3/29/04
Title Date
Title Date
2. Date Request Filed:
4/30/04 ;
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):
Extension of an existing deck to support a gable sunroom in the Buffer Zone to a bordering vegetated
wetlands.
Project Location:
45 Rosemont Drive North Andover
Street Address City/Town
Map 98B Parcel 64 ( Lot 42 )
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.12/15/00 Page 1 of 5
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L7, Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Form 2 — Determination of Applicability
J� WPA
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) 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 bouridar-ies 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.
❑ 5.The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuantthe foII win municipal wetland ordinance orb law:
Name Ordinance or Bylaw Citation
wpaform2.doc•rev.12/15/00 Page 2 of 5
L11Massachusetts 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 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 Det&mihation
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 condition
❑ 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•rev.12/15/00 Page 3 of 5
Negative Determination of Applicability
45 Rosemont Drive
Conservation Conditions
Record Documentation: Request for Determination of Applicability dated 4/30/04;
Plan entitled "Plan of Land", prepared for Kaye Mann, dated March 29, 2004,
prepared by Scott L. Giles&Frank S.Giles Surveying.
1. Because the resource area is significantly upgradient to the proposed work,
installation of erosion controls is not necessary,as depicted on the record plan.
2. Immediately following completion.of construction activities, the applicant shall
contact the Conservation Department,at least 72 hours in advance,to schedule
an on-site post-construction meeting to ensure compliance.
r +
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
1 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 delj�ery;.on 5�r/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 Commissi . opy must be sent
to the appropriate DEP Regional O Ice (see Appendix A)and the property ner(if different from the
applicant). Signatures:
C , .
Date
wpaforrnldoc•rev.12/15/00 Page 4 of 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
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 Appendix A)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 Appendix E: 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.
wpaform2.doc•rev.12/15/00 Page.5 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Levered Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Miliville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield . Leicester North Brookfield Spencer West Brookfield
Barre FitchbOrg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield c Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
Wpaform2.doc•Appendix A•rev.11/22/00 Page 1 o 1
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E — 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
� Phone Number Fax Number(if applicable)
Project Location
Henan
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
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Appendix E•rev.2/00 Page 1 of 2
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — 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
Appendix A).
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•Appendix E•rev.2/00 Page 2 of 2
1
Notification to Abutters Under the Massachusetts Wetlands Protection Act
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are
hereby notified of the following.
A. The name of the applicant is le @
B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality of
'J Ug-r H ANeO%)r,2 seeldng to remove,fill,dredge or alter an Area Subject to Protection Under
the Wetlands Protection Act(General Laws Chapter 131, Section 40).
Activities Proposed:
C. The Address of the Lot where the activity is proposed is
4 S RO-Is M!:3 oty T 'D Q%V W -
D. Copies of the Notice of Intent may be examined at 'al C NPVRIF S 'ST- - 8a eive RVA%1 o m "0E P T.
between the hours of $:3 o and :3 0 on the following days of the week: MO1'4UKA - VA I lb A`t
For more information,call: -fit- �-�5 340
Check one: This is the applicant,representative LJ,or other Ll(specify): Commission
Name of Representative: N/P`
E. Copies of the Notice of Intent may be obtained,for a fee,from either(check one)the applicant Q or the
applicant's representative EL by calling this telephone number
between the hours of and on the following days of the week:
F. Information regarding the date,time,and place of the public hearing may be obtained from:
by calling this telephone numoer between the hours of and
on the following days of the week:
Check one:This is the applicant 0,representative or other I (specify) Conservation Commission
NOTE:Notice of the public hearing,including its date,time and lace,will be published at least five
(5)days in advance in the
(name of newspaper)
NOTE: Notice of the public hearing,including its date,time and place,will be posted in the City or Town Hall not
less than forty-eight(48)hours in advance.
NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental
Protection Regional Office for more information about this application or the Wetlands Protection Act-
TQ contact DEP,call:
Northeast Reldw 617 654-6500
I Central Region:508-792-7659 _
Southeast Region`508-946-2700 Western Region:413-784-1100 -
, Apr 30 04 02: 42p NORTH ANDOVER 9786889542 p. 2
Town of North Andovert tLO'7"
..
Office of the Conservation Department _
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845s" °
Telephone(978)688-9530
Julie Parrino Fax(978)688-9542
Conservation Administrator
CONSERVATION COMMISSION
PUBLIC HEARING
Pursuant to the authority of the Wetlands Protection Act,Massachusetts General Laws Chapter 131,Section 40,
as amended,and the North Andover Wetland Protection Bylaw,the North Andover Conservation Commission
will hold a public hearing on:
WEDNESDAY,May 12,2004 at 8:00 P.M. in the Department of Public Works Conference Room located at
384 Osgood Street,North Andover,MA 01845.
For the filing of a Request for a Determination ofAPPlicahlhty by(applicant)S ken&ICa Mann
To alter land at: 45 Rosemont Drive(Tax Map"B,Paroel 64)North Andover,MA.
For the purpose of.Extension of as existing deck to ssQaort a g *snaroom i-the Buffer 7.one to a bordering
vegetated wetlands.
Plans are available at the Conservation Commission's office,27 Charles Street.
Bv: Scott Masse,Chairman
WA.C.C.
APPLICANT INFORMATION:
Run once in the Lawrence Eagle Tribune on Tuesday, lV�ay 4,2004.
DELIVER OR FAX TRIS LEGAL NOTICE TO THE LAWRENCE EAGLE TUNE BY:
Friday,April 30,2004,by noon
A licant s must Grin roo o ublicatu�t:u #his at Ad tri the ru in
Tribune Fax#978-686-0755
Legal Ad Billing Info:
Stephen&K2Ye Mann
P �
45 Rosemont Drive
North Andover Ma.01845
Tel#978-687-0114
545 C0NSERVA
ION 688-9530 i{F�LTtI 698-9WPLANI�ZNCi fiRB-9535
BOARD Ol-APPEALS 655-954! n[J1LiHNG 6813-9
