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LlMassachusetts 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
your cursor -
do not use the
Dillan Jones
return key.
Name
tab
81 Peachtree Lane (Lot 1
Property Owner (if different from applicant):
Name
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State
retain
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA 9/12/08
Title
As -Built Plan & Profile
I the
Title
2. Date Request Filed:
9/12/08
Date
8/21/06
Date
Date
Zip Code
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 stairs to an existing deck, patio, fence within the Buffer Zone to a Bordering
Vegetated Wetland.
Project Location:
81 Peachtee Lane (Lot 1
Street Address
98A
Assessors Map/Plat Number
North Andover
Citylrown
Parcel 121
Parcel/Lot Number
wpaform2:doc • Determination of Applicability • rev. 10/6/04 Page 1 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
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
Bureau of Resource Protection - Wetlands
WPA 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).
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.doc • Determination of Applicability • rev. 10/6104 Page 3 of 5
N 'A
' � Oy cecw�cw�i«K� .1•
CONSERVATION DEPARTMENT
Commwiiq Development DIVISlon
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
81 Peachtree Lane, North Andover
At the September 24, 2008 public hearing the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for a previously constructed concrete patio,
new set of stairs to access an existing deck, and fence installation within the Buffer Zone to a
Bordering Vegetated Wetland (BVW).
Applicant: Kevin M. Brouillard, Sr
101 Everett Street
Lawrence, MIA 01843
Property Owners: Dillan & Julianna Jones
81 Peachtree Lane
North Andover, MA 01845
Record Documents: Request for Determination of Applicability, prepared by Kevin M.
Bouillard, dated September 11, 2008
Sketch Plans of deck stairs, patio, fence and existing site conditions
labeled, Figures 1 -4, prepared by Kevin M. Brouillard, received
9/2/08, 9/4/08, 9/12/08 and 9/24/08
The property previously received a PCOC on December 14, 2006
from DEP File #242-1186
Pre -Construction
❖ .The work authorized hereunder shall be completed within three years from the date of this
order.
Excess material and construction debris shall be properly disposed of off site and all stockpile
areas shall be located more than 50 -feet from the edge of wetland resource areas.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01843
Phone 978.688.9530 Fxx 978.688.9542
\ eb: http://Nvw-xv.townofiiorthuhdover.com/Pages/NAndoNeri�,L-�_Conservation/index
❖ Cement castings previously deposited in the northeast corner of the lot shall be removed and `
properly disposed of
During Construction
:• The proposed fence shall be. located upslope of the existing stone retaining wall.
Post Construction
❖ Immediately following completion of the work, any disturbed areas shall be permanently
stabilized against erosion. Once the site is adequately stabilized, the Conservation Department
shall be contacted to conduct a final site inspection.
1600 Osgood Street, Buddnig 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: htt.p://,Rxinv.towliofnorthuidover.coin/Pages/NAndoveri�L�i_Conservation/uidex
A
.. 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
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetland Protection
Name
C. Authorization
Chapter 178
Ordinance or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on EZ 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 Commission. A copy must be sent
to the appropriate DEP Regional Office (see hftp://www.mass.gov/dep/about/region.findyour.htm) and the
property owner (if different from the applicant).
Date
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of. -Res ource Protection -Wetlands
WPA Form .2 - Determination of Applicability
Massachusetts Wetlands Protection ActM.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.findvour.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
L
Massachusetts 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
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
only the tab
key to move
your cursor -.
do not use the
return key.
tab
retnn
rvame
Mailing Address
City/Town
Phone Number
Project Location
State
Fax Number (if applicable)
Zip Code
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 ($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
r
Massachusetts 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 ormoney 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/dep/about/region/findvour.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.
wpaforin2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
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.
1�1
A. Project Information
This Certificate of Compliance is issued to:
Peachtree Development, LLC
Name
231 Sutton Street Suite 1-13
Mailing Address
North Andover
City/Town
MA.
State
DEP File Number:
PC oG
9A9-11 RF
Nroviaea oy utr
01845
Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to
Peachtree Development, LLC
Name
April 23, 2003 242-1186
Dated DEP File Number
3. The project site is located at:
81 Peachtree Lane (Lot 10) North Andover
Street Address City/Town
Map 98A/98B/98C Lot 7, 105, 11, 23
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex North
County
Certificate
Instrument # 29799
Book
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
11/8/06
Date
B. Certification
Check all that apply:
Page
❑ Complete Certification: It is hereby certified that the work regulated by the above -referenced
Order of Conditions has been satisfactorily completed.
® Partial Certification: It is hereby certified that only the following portions of work regulated by the
above -referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
PCOC for Lot 10 only -does not ceritfy any drainage or roadways associated with the overall
subdivision.
wpaform 8b.doc • rev. 7/13/04 Page 1 of 4
Massachusetts. Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 'COG
242-1186
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
83
C. Authorization
Issued by:
North Andover
Conservation Commission
30 AQ
Date of4ssuarke
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office (See Attachment).
Sigi
wpaform 8b.doc • rev. 7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day
Essex North
DEP File Number:
PGOC�
242-1186
Provided by DEP
Of Jwk �er tJ0b
Month Year
before me, the undersigned Notary Public, personally appeared
/�
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of
DONNA M. WED
NMAW PWUC
COMMONWEALTH OF MASSA
EM]--My.C= Exp w Aug
North Andover
Cityrrown
Place notary seal and/or any stamp above
Conservation Commission
Signature of Notary Public
Dolx),a N.
Printed Name of Notary Public
My Commission E pires (Date)
S nature of Notary Public
wpaform 8b.doc • rev. 7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
Pc6c-
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
242-1186
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for:
County
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
Page
wpaform 8b.doc • rev. 7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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
Acton
Charlton
Hopkinton
DEP Western Region
Adams Colrain
Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street
Agawam Conway
Hancock
Montague
Plainfield
Wales
Suite 402
Alford Cummington
Hatfield
Monterey
Richmond
Ware
Springfield, MA 01103
Amherst Dalton
Ashfield Deerfield
Hawley
Heath
Montgomery
Rowe
Warwick
Fax: 508-792-7621
Becket Easthampton
Hinsdale
Monson
Mount Washington gton
Russell
Sandisfield
Washington
Wendell
Fax: 413-784-1149
Belchertown East Longmeadow
Holland
New Ashford
Savoy
Westfield
Sterling
Bemardston Egremont
Holyoke
New Marlborough
Sheffield
Westhampton
Oxford
Blandford Erving
Brimfield
Huntington
New Salem
Shelburne
West Springfield
Lunenburg
Florida
Buckland Gill
Lanesborough
North Adams
Shutesbury
West Stockbridge
Groton
Charlemont Goshen
Lee
Lenox
Northampton
Northfield
Southampton
South Hadley
Whately
Wilbraham
Bolton
Cheshire Granby
Leverett
Orange
Southwick
Williamsburg
Chester Granville
Leyden
Otis
Springfield
Williamstown
Winchester
Chesterfield Great Barrington
Longmeadow
Palmer
Stockbridge
Windsor
Tyngsborough
Chicopee Greenfield
Clarksburg Hadley
Ludlow
Middlefield
Pelham
Sunderland
Worthington
Royalston
Upton
Woburn
Peru
Tolland
Haverhill
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashbumham
Clinton
Hubbardston
Millville
Shirley
Warren
Worcester, MA 01608
Ashby
Athol
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Phone: 508-792-7650
Auburn
Dudley
Dunstable
Holliston
Lancaster
Northborough
Northbridge
Southborough
Southbridge
Westborough
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
TDD: 508-767-2788
Barre
Bellingham
Fitchburg
Gardner
Leominster
Oakham
Sterling
Westford
Brewster
Edgartown
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Wilmington
Boxborough
Hardwick
Medway
Phillipston
Townsend
Winchester
Boylston
Holden
Mendon
Princeton
Tyngsborough
Winthrop
Brookfield
Hopedale
Milford
Royalston
Upton
Woburn
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisett
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Lakeville, MA 02347
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Phone: 508-946-2700
Avon
Barnstable
Duxbury
Eastham
Halifax
Hanover
New Bedford
North Attleborough
Rochester
Rockland
Wellfleet
West
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Bridgewater
Westport
TDD: 508-946-2795
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
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
Wilmington
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Winchester
Chilmark
Franklin
Mashpee
Plympton
Taunton
Winthrop
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Boston, MA 02108
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Phone: 617-654-6500
Ashland
Bedford
Concord
Danvers
Ipswich
Lawrence
Millis
Milton
Revere
Rockport
Watertown
Wayland
Fax: 617-556-1049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
TDD: 617-574-6868
Beverly
Billerica
Dover
Dracut
Lincoln
Lowell
Natick
Needham
Salem
Wenham
Boston
Essex
Lynn
Newbury
Salisbury
Saugus
West Newbury
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
wpaform8b.doc • DEP Addresses • rev. 11/14/06 Page 1 of 1