HomeMy WebLinkAboutDOA Special Conditions - Decision - 200 VEST WAY 9/26/2018 �r
� r/o
CONSERVATION DEPARTMENT
Cominunity Development Division
DETERMINATION OIL APPLIC.ABTIXrY
SPECIAL CONDITIONS
200 Vest Way, North.Andover
At the September 26, 2018 public hearing, the North Andover Conservation.Commission (NACC) voted to issue a
Negative Determination. of Applicability for installation of a 10' x 16' shed. All work will be outside the 50-foot No-
Build Zone to Isolated Vegetated.Wetland (1VW). The project will conform to the following:
Applicants/Homeowner: Dale Lewis
200 Vest Way
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted: 9/11/2018
Record Plans: Plot Ilan 200 Vest.Way with shed sketch
Plot Plan 200 Vest Way with shed & septic system sketch
SPECIAL CONDI`I"IONS:
1. Prior to the start of work the applicant shall ensure that the site contractor has reviewed the Determination and
is aware of the wetland resource area and the limits of the proposed work.
2. The shed location shall be staked and approved by the Conservation Department prior to installation.
3. Once the shed location is stared, the applicant shall arrange a preconstruction meeting at the site with the
Conservation Department.
4. Upon completion of the approved project and site stabilization, please contact the Conservation Department
for a final inspection.
- 120 X ain Street,North Andover,'Mgssachiisc tts 01845
Phonc 978.688.9530 Fax 978.688.9542
Web: http://\.v,,"v.jtiortlraiacloi,erma.gov
4
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
a
Important:
When filling out From:
forms on the Town of 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 Dale Lewis
return key. Name _. _......_. Name
200 Vest Way
4:1
Mailing Address Mailing Address
North Andover MA 01845
Citylrown State Zip Code City/Town State Zip Code
relwn
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
200 Vest Way Plan with shed sketch none
Title Date
200 Vest Way Lot 56
Septic and Shed Sketch none
Title Date
Title Date
2. Date Request Filed:
9/11/2018
-- -------...
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 storage shed of dimensions 10 feet by 16 feet, to be built directly and completely over
12 moveable concrete block (each block measuring 4 inches by 8 inches by 16 inches)which support the
weight of the shed, to be constructed by Eastern Shed Company, Route 114, North Andover, MA,
www.EasternShed.com, 978 688-4222,
Project Location:
200 Vest Way_......__ North Andover
Street Address City/Town
ID 104.D 0105
Assessors Map/Flak Number Parcel/Lot Number
wpaform2.doc*Determination of Applicability•rev.12114 Page 1 of
I
4
Massachusetts Department of Environmental Protection
Bureau Df 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 nf the Wetlands Protection Act may proceed until u final Order cf
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
ReyourceAmaoDo|inoetion (ismuodfo||owinOeubmitta| ofSimp|ifiedReviewANRAO) haobeennaceimsd
frVmtheimouingauthnhty(i.a.' ConaemaUonCnmmissionorthaDepmrtmentofEnvironmente| PnmtecUon).
F] 1. The area described on the referenced p|an(u)iomnarea subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
Fl 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed an accurate. Therefore, the resource area boundaries confirmed in this Determination am
binding as to all decisions rendered Pursuant to the Wetlands Protection Act and its regulations regar ng
such boundaries for mo long oo this Determination imvalid.
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.
1soIatqq,YffgetatqdlVVeUand
1771 3� Thevvorkdeooribedonreferenoedp|om(s) anddooument(o) isvvithinana/eoeub]entto
prnprotection fill, dredge, or Therefore, said work
. . . '
requires the filing of Notice of Intent.
F-1 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. Thenafore, said work requires the filing of
Notice of Intent or AN RAID Simplified Review(if work is limited to the Buffer Zone),
El 5. The area and/or work described on referenced p|an(s) and douumenU*) is subject toreview
and approval by:
Name of Municipality
Pursuant tu the following municipal VVat|axd ordinance or bylaw:
Name Ordinance.. Bylaw Citation
4
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, G40
B. Determ~na*-on /COM*.\
Fl O. The following area and/or work, if any, is subject to m municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
[l 7. If Notice of Intent is filed for the vvorh in the Rive�rnnt/\naa described on referenced plan(s)
and documenUa), which includes all or part ofthe work described in the Requeat, 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 vequiremanbs):
El Alternatives limited to the lot on which the project is located.
E] Alternatives limited to the lot on which the project is |ooated, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
R /�termodvemlimited hn the original parcel nnvvhioh the pn�eriis located, the subdivided
poroe|e, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
Fl 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 um\emo the Depa�mantfails to act on such request within 35 days of the date the
roquestis'post-marked for certified mail or hand delivered to the Department. Work may then proceed
oi the owner's risk only upon notice tothe Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
Fl 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
F-1 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 nfIntent.
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. Thenafora, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
Shed location should be staked. Ono*staked contact the Conservation Department for a
preoonstruotion inspection to confirm the shed im more than G8' from the Isolated Vegetated
Wetland. After installation contact the Conservation Department fo t constrUCti0 inspection.
�l 4. The work described in the Request is not within an Area subject to protection under the Act
-- (including the Buffer Zone), Therefora, said work does not require the filing of Notice of Intent,
unless until said work alters an Area subject to protection under the Act.
°r"w,m,,u""'Determination w Applicability'rev.1211^ Page omn
4
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 (cunt.)
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 No is of I t nt i re uired:
o� ❑cr❑
Exempt Activity(site app icable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
North Andover
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Town of North Andover Chia ter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ❑ 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 htt ://www.mass. ov/eea/a encies/massde /about/contacts/)
and the property owner(if different from applicant).
Signatures:
—.._.__
/--��
Date
wpeform2.doc•Determination of Applicability-rev.12114 Page 4 of 5
4
Massachusetts Department of Environmental Protection
LBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability III 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,.qov/eea/a encies/massd 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.12114 Page 5 of 5
Massachusetts Department of Environmental Protection
aEP File Number:
Bureau of Resource Protection - Wetlands
' Request for Departmental Action Fee _.._
Provided by CEP
Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project 1
a.Street Address b.City/Town,Zip
c.Check number d. Fee amount
Important: 2. Person or party making request (if appropriate, name the citizen grou 's representative):
When filling out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityrrown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
ray 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
renPn
Name
Mailing Address
__._n.. _....._ _....._. — .......— ""Zip-
.._p ...._.—
City ow State Zi Code_
........ _.....--- -._... _..._._ _..._. ._ (Number if applicable)
-- ._. ._......_.___
Phone Number Fax
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245 (all other
projects)
❑i Superseding Determination of Applicability— Fee: $120
❑ Superseding Order of Resource Area Delineation —Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaferm2.doc•Request for Departmental Action Fee Transmittal Form•rev.12114 Page 1 of 2
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee -----
Transmittal Form mPravidedbyDEP
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 h_ttp://www.mass. ov/eea/a envies/massde /about/contaots/}.
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.
i
I
wpaform q p 2.dac•Request for 0e arlrnental Action Fee Transmittal Farm•rev.12114
Page 2 of 2