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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
72 Stage Coach Road, North Andover
At the June 22, 2011 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for installation of an in ground 18' x 36' pool, concrete
and porous paver walkway (4' wide), patio (415 s.£), fence, and associated site work in the buffer zone to a
1,300 s.f. Isolated Vegetated Wetland (IVW). The closest point of work to the IVW is 46 -feet. The project
also includes the repair and 3' expansion of an existing deck.
Applicant: Lynne & Jeffrey McDonald
72 Stage Coach Road
North Andover, MA 01845
Record Documents: Request for Determination of Applicability
Submitted June 10, 2011
Record Plan: Plan to Accompany Request for Determination
Prepared by: Williams & Sparages
Date: June 9, 2011
Stamped by: Christ P. Sparages, P.E.
Other Record Documents: Wetland Delineation Report
Prepared by: Basbanes Wetland Consulting
Dated: June 9, 2011
FINDINGS:
❖ The Isolated Vegetated Wetland is a pocket area between the filled slope at the rear of 72 Stage Coach
Road and the raised former railroad bed on the abutting property. According to the report prepared by
Basbanes Wetland Consulting, the area is approximately 1,300 s.f. The area does not meet the criteria
to be considered an ephemeral pool.
SPECIAL CONDITIONS:
❖ Prior to the start of construction, erosion controls shall be installed along the top of slope between the
proposed work area and the wedand resource area.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.toNvnofnorthandover.com/Pages/NAndoverMA_Conservation/index
❖ Once erosion controls are installed and prior to the start of work, the applicant shall notify the
Conservation Department to conduct a preconstruction inspection.
❖ Excess material and construction debris shall be properly disposed of off site and stockpiled material
shall be stored within the erosion controls. Stockpiled materials shall be located at the end of the
driveway more than 50' from the wetland resource area. Construction access shall be over the existing
drive which shall be swept daily to prevent material tracking onto existing roadways.
❖ The applicant proposes to fence the pool area. The fence shall be outside the 25' No -Disturb Zone in
all locations.
❖ The pool filter shall be Cartridge Style/non-backwashing and shall be located more than 50' from the
wetland resource area.
Post Construction
❖ 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).
❖ The 25' No -Disturbance Zone from the edge of the 1VW shall be permanently marked with a
minimum of four (4) signs or markers spaced evenly every 25 feet incorporating the following text:
"Protected Wetland Resource Area" and the associated rules (2 round and 2 square). These markers
shall remain posted and be replaced as necessary in perpetuity. Markers are available from the
Conservation Department ($2 round/$3 square).
❖ Upon completion of all requirements, the Conservation Department shall be contacted to conduct a
final site inspection.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://Nvww.to,,vnofnorthandover.com/Pages/NAndoverl\,IA_Conservation/index
LIMassachusetts Department of Environmental Protection
)1 Bureau of Resource Protection - Wetlands t 06A6 Pepm'7-64L y
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Lvnne & Jeffrev McDonald
Name
72 Stage Coach Road
Mailing Address
North Andover MA 01845
City/Town State Zip Code
Property Owner (if different from applicant):
Name
Mailing Address
City/Town
01aie up L oae
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan to Accompany Request for Determination June 9, 2011
Title Date
Title
Title
2. Date Request Filed:
June 10, 2011
B. Determination
Date
Date
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 in -ground pool, walkway,patio, fence, deck repair/expansion, and associated
work within the Buffer Zone to an Isolated Vegetated Wetland.
Project Location:
72 Stage Coach Road
Street Address
Map 65
Assessors Map/Plat Number
North Andover
Cityrrown
Parcel 155
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5
ILIMassachusetts 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 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
Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 2 of 5
Massachusetts Department of Envircmmental Protection
ILIBureau of Resource Protection - WetlarAs
WPA Form 2 — Determinati;on 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 ,u)Ject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands 'rotection Act:
❑ 7. If a Notice of Intent is filed for the work ir: the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part )f the work described in the Request, the applicant
must consider the following alternatives. (RE 'er to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives n •quirements):
❑ Alternatives limited to the lot on which th• 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 .)y 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.
wpaform2.cloc • Determination of Applicability • rev. 10/6/04 Page 3 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination tJ Applicability
Massachusetts Wetlands Protection Act M.G 1. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject tc protection under the Act. Since the work
described therein meets the requirements for the ollowing 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.
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:
[f by hand delivery on ❑ by certified mail, return receipt requested on
6 L,�,qllt
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 http://www.mass.gov/dep/about/region.findyou r.htm) and the
property owner (if different from the applicant).
Signatures:
6ldq i
Date
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5
Massachusetts Department of Environmental Protection
ILIBureau 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 _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.
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 5 of 5
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
� mm
ISI
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
Cityrrown
Phone Number
Project Location
Mailing Address
State
Fax Number (if applicable)
uN �-Vuc
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
Cityfrown
Phone Number
3. DEP File Number:
B. Instructions
State
Fax Number (if applicable)
cap wua
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
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 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
http://www.mass.gov/dep/about/region/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