HomeMy WebLinkAboutMiscellaneous - 50 WOODLEA ROAD 4/30/2018 (2)rl
O
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
reb
BRan
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1258
A. General Information
From: North Andover
1. Conservation Commission
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
3. To: Applicant:
Melanie Garger
a. First Name b. Last Name c. Company
44 & 50 Woodlea Road
d. Mailing Address
North Andover MA. 01845
e. City/Town f. State
g. Zip Code
4. Property Owner (if different from applicant):
See attached
5.
6.
7.
8.
9.
wpaform5.doc • rev. 9/13/04
a. First Name b. Last Name
c. Company
d. Mailing Address
e. City/Town
f. State g. Zip Code
Project Location:
44 & 50 Woodlea Road
North Andover
a. Street Address
b. City/Town
Map 98D
Parcel 63 & 64
L- Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
e. Latitude f. Longitude
Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex North
a. County
b. Certificate (if registered land)
6545
258
c. Book
d. Page
6/11/04
Dates:
8/25/04 9/13/04
a. Date Notice of Intent Filed
b. Date Public Hearing Closed c. Date of Issuance
Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan
a. Plan Title
New England Engineering Services, Inc.
Benjamin C. Osgood, Jr., P. E.
b. Prepared By
c. Signed and Stamped by
8/2/04
1" = 20'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
Total WPA Fee Paid: $ 165.00
g. Date
a. Total Fee Paid
b. State Fee Paid c. Cityrrown Fee Paid
Page 1 of 8
f
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
50 Woodlea Road, North Andover
At the February 27, 2013 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for the removal of a 25'x 12' deck with associated stairs
and construction of a new pervious walkway and stairs within the buffer zone to Bordering Vegetated
Wetland (BVW). A waiver request for a deck and patio within the 50' No -Build Zone was approved. Deck
and surface below to remain pervious (not enclosed) in perpetuity.
Owner/Applicant: Susan Caffrey
50 Woodlea Road
North Andover., MA 01845
Record Documents: Request for Determination of Applicability and Associated Maps and Plans
Submitted: February 11, 2013
Plan Titled: As -Built Grading Plan 44 & 50 Woodlea (with hand edits)
Date: July 6, 2005
Plan Titled: Mortgage. Inspection Plan, 50 Woodlea Road (with hand edits)
Date: 7/12/2010
SPECIAL CONDITIONS:
Prior to the start of construction, the applicant shall provide the Conservation Department with a
detail of the proposed walkway surface and planting plan forte -vegetation of disturbed areas.
The applicant shall notify the Conservation Department and arrange a preconstruction meeting with
the site contractor before work begins.
Wetland markers shall be placed evenly every 30 -feet on the permanent retaining wall or as approved
by the Conservation Department. Markers shallincorporate the following text: "Protected Wetland
Resource Area" and the associated rules (3 round for every 1 square). This will designate the
sensitivity of the area and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The applicant shall instruct all
agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property
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/NAndovetMA_Conselvation/index
from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity.
Markers are available from the Conservation Department ($2 round/$3 square).
During Construction
Excess material and construction debris shall be properly disposed of off site and stockpiled material
shall be stored within the erosion controls.
Post Construction
°°O° Immediately following completion of the work, any disturbed areas shall be permanently stabilized
against erosion (loam and seed or other stabilization as approved by Conservation Department).
Upon completion of all requirements, the Conservation Department shall be contacted to conduct a
final site inspection.
Perpetual Conditions
®° The portion of the deck to remain on the south side of the house shall remain open and the surface
below pervious in perpetuity.
1600 Osgood Street, wilding 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http-.//wwxv.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
Massachusetts Department of Environmental Protection
ILABureau of Resource Protection - Wetlands
WPA Form 2 e Determination ®f Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Bo 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):
Removal of an existing deck and walkway, construction of a new permeable walkway, and approval of
waiver for an existing deck and patio in the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
50 Woodlea Road
Street Address
98D
Assessors Map/Plat Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04
North Andover
City/Town
Parcel 63
Parcel/Lot Number
Page 1 of 5
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
Susan Caffrey
return key.
Name
Name
50 Woodlea Road
Mailing Address
Mailing Address
North Andover MA
01845
City/Town State
Zip Code City/Town State Zip Code
ISI
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents.
As -Built Grading Plan 44 & 50 Woodlea
(with hand edits) July 6, 2005
Title
Date
Mortgage Inspection Plan, 50 Woodlea Road (with hand edits) 7/12/2010
Title
Date
WPA Form 1 and supporting documents
Feb 11, 2013
Title
Date
2. Date Request Filed:
2/11/2013
Bo 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):
Removal of an existing deck and walkway, construction of a new permeable walkway, and approval of
waiver for an existing deck and patio in the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
50 Woodlea Road
Street Address
98D
Assessors Map/Plat Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04
North Andover
City/Town
Parcel 63
Parcel/Lot Number
Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
PA Form 2 —Determination of Applicability
Massachusetts Wetlands Protection. Act M.G.L. c. 131, §40
Bo Determination (cont.)
.The following Determinations) 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
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Ordinance or Bylaw Citation
Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 a Determination of Applicability
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.
❑ 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.
i„ . nof.r-i ,r„n „+ A—h—hirty i niarna Page 3 of 5
5_
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 m Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Bo 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/regu(atory 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.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
Co Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on �by certified mail, return receipt requested on
-�) / / 7,
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 hftp://www.mas§.gov/dep/about/region.findyour.htm and the
property owner (if different from the applicant).
j�
Date
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5
Massachusetts Department of Environmental Protection
JLJBureau of Resource Protection - Wetlands
WPA Form -2 —Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
De 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.gov/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 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.
Page 5 of 5
f—,).i . nclArminatinn of Annlirability - rev. 10/6/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for -Departmental Action Fee Transmittal Fora
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 theState Zip Code
return key.. Cityrrown
r� Phone Number Fax Number (if applicable)
Project Location
return /�,
Cityrrown 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
Phone Number
3. DEP File Number:
State
Fax Number (if applicable)
Be 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
Page 1 of 2
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Fora
Massachusetts Wetlands Protection Act M.G.L. c. 131,.§40
f 0
Bo 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.gov/deplabouttregion/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
