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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
only the tab Conservation Commission
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the John Green SAME
return key. Name Name
115 Barker Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code Cityfrown State Zip Code
ream, .
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA application 5/14/04
Title Date
Proposed Addition Plan 5/13/04
Title Date
Title Date
2. Date Request Filed:
5/14/04
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):
Construction of an addition to an existing single-family dwelling,which will be built on sono tubes in
the the buffer zone to a bordering vegetated wetland.
Project Location:
115 Barker Street North Andover
Street Address City/Town
Map 35 Lot 1
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc-rev.12/15/00 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
1 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.
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❑ 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.
❑ 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
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
L/ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Bo 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.
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❑ 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.
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❑ 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
❑ 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.
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Negative Determination of Applicability
115 Barker Street
Conservation Conditions
Record Documentation: Request for Determination of Applicability dated 5/14/04;
Plan entitled "Proposed Addition Plan, 115 Barker Street, North Andover, MA",
prepared for John Green, dated May 13, 2004,prepared by New England Engineering
Services, Inc.
Pre-construction Conditions
• Prior to the commencement of any work activities on site, the applicant shall
install erosion controls in the locations depicted on the referenced site plan. Said
erosion controls shall be installed in accordance with the erosion control detail.
• Landscaping debris (i.e. -leaves, brush, grass clippings) located within the
wetland resource area and within the 25-foot No-Disturbance zone (in the
vicinity of A3, between wetland flags A5 and A6, and in the vicinity of A6) shall
be removed by hand and properly disposed of to a location outside of the 25' no-
disturbance zone, unless such deposits are determined to be more than 3 years
old. No further dumping of any materials shall be permitted within the resource
area or the 25' No-Disturbance Zone.
• Permanent wetlands markers shall be installed along the 25' No-Disturbance
zone every 25' feet or in cases where the 25' is not being met, along the existing
limit of disturbance. These markers can be purchased at the Conservation
Department
Immediately following completion of the above, the applicant shall contact the
Conservation.Department, at least 72 hours in advance, to schedule an on-site pre-
construction meeting.
Post Construction Conditions
• Upon completion of substantial germination of the disturbed areas, the applicant
shall contact the Conservation Department for a post-construction inspection.
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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
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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 Vby certified mail, return receipt requested on
S`a gray
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 b a majority of the Conservation Commiss' copy must be sent
to the ppropriate DEP Regional Off'ce (see Appendix A) and the propert i erent from the
app nt): i i Signature_. F�
Date
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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 cit or town in which
located are hereby h such land is
y 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.
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Massachusetts Department of.Environmental Protection
Bureau of Resource Protection - Wetlands
L/T1 WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131
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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
rte,
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
rte. 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
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Page 1 of 2
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Massachusetts 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,
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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.
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