HomeMy WebLinkAbout- Decision - 209 JOHNSON STREET 9/12/2018 CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
209 Johnson Street, North Andover
At the September 12, 2018 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for construction of a 400 s.f. deck and stairs with replacement
of an existing patio (in kind) with pavers the 100' Buffer Zone to Bordering Vegetated Wetland associated with
a small pond. All work is outside the 50-foot No-Build Zone. 'Fbe project will conform to the following:
Applicants/Owners: Corey & Christine Fritts
209 Johnson Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form. 1 and supporting materials,
submitted: August 128, 2018
Including: Application Checklist,Abutter List and Notification to Abutters, Soils
Map, FEMA Map and Site Photos
Letter from Corey & Christine Fritts
Date: August 28, 2018
Letter: from Norse Environmental Services Inc.
Date: August 8, 2018
RF:: Resource Area Delineation
Record Flan: Title: Plan of Land in 209 Johnson Street North Andover,Massachusetts
I)repared by: PFS Land Surveying, Inc.
Date: August 10, 2018
Stamped by:
Scale 1"=30'
SPECIAL CONDITIONS:
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. Erosion controls (compost or bark mulch sock minimum. 12") shall be installed as shown on the herein
referenced plan. or as directed by the Conservation Department.
124)b�lain Street,NorthAndover,�Massachtisetts 0"1845
Phone 978.688.9530 Fax 978.688.9542
Web: littp://-,"Vw.11ortll"llltiover.gov
3. Once erosion controls are installed the applicant shall arrange for a preconsauction meeting with the site
contractor to review the installed erosion controls and the schedule for the proposed work. if
4. Upon completion of the approved project and site stabilization, please contact the Conservation Department f
for a final inspection.
5. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen type (< 5%),phosphorous
free and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland
Protection Bylaw and shall survive this permit in perpetuity.
120 Main Street,North Andover,'Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Weh: littp://%v-,"v.iiortliaiidover.gov
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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.C.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Town of North Andover
computer, use _. a#.fon...---Comm --ission-- — _...._.
Consery
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Corey M. Fritts & Christine M. Fritts
return key. Name Name
209 Johnson Street
rmh Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
l8M77
1. Tithe and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Land in 209 Johnson Street North Andover, Massachusetts (PFS August 10, 2018
Land Surve in Inc.) Date
Title Date
Title Date
2. Date Request Filed:
August28 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 a 400 s.f. deck and stairs includingr econsturction of existing patio with pavers.
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Project Location:
209 Johnson Street North Andover
._.... _..... _ ........._—_..._._.—
Street Address City/Town
97 _........ ..__... 18 —
Assessors Map/Plat Number Parcel/Lot Number
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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
B. Determination (cont.) I
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.
Bording Vegetated Wetland Flags AZ-A8
❑ 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:
u Name Ordinance or Bylaw Citation
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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.I . 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).
Erosion control required (compost or bark mulch sock), pre and post construction inspections, and
restriction on herbicides and pesticides in the 100' Buffer zone and only low nitrogen,
phosphorous free fertilizer.
❑ 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.
wpeferm2.doc•Delerminelion of Applicability•rev.12114 page 3 of 5
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LlMassachusetts Department of Environmental Protection
Bureau 0f Resource Protection - Wetlands
WPA Form 2 _ Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[. C. 131' §40
B. Determination (cont.)
M�7 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 Nokice of Intent i i d
-(le s atUatory./re-gulatory provisions)
Exempt Activity(site applic
El G. The area and/or work described in the Request is not subject ho review and approval by:
Name of Municipality
Pursuant tom municipal wetlands ordinance o[bylaw.
Town of North Andover Chapter 178
Nam* Ordinance u/ Bylaw Citation
C. Author~zat~on
This Determination ks issued to the applicant and delivered aafollows:
by hand delivery on F] bv certified mail, return reoaiptrequeatedVn
Duh` ua,o
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 atatutoe, ordinances,
by|evvs^ or regulations.
This Determination must ba signed bya majority ofthe Conservation Commission. A copy must be sent to
the appropriate OEP Regional Office (see )
and the property owner(if different from the opp|inant).
Date
*pamnnorm='o"*,m/=u""m Applicability'rev.12114 Page^ms
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WP'A 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 qov/eea/agencies/massdep/about/contacts/) 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.
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wpaform2.cloc-Determination of Applicability-rev.12114 Page 5 of 5
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ILIMassachusetts Department of Environmental Protection oep File Number: �
Bureau 0f Resource Protection - Wetlands
|�����u��st for Departmental Action Fee
Request ~ Pmviu°�hyoep
Transmittal Form
M@&GGChWseftG Wetlands Protection /\Cf M.G.L. C. 131, G40
A. Request Information
1. Location nfProject
a.Street Address b.CityTFown,Zip
n.Check number d. Fee amount
Important: 2 Person orpa�y making request (if appropriate, name the citizen gnoup'unepreamntotive):
When filling
�
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursnr-do ityrruwn State Zip Code
not use the
return key. -PhoneFax Number(if applicable)
App
licant pp|ioant/asshovvnonDeterminaUonof Applicability (Form 2). {}rderof Resource Area Delineation
(Form 4B)� Order of Conditions (Form 5). Restoration Order of Conditions (Form 5A). or Notice of
Non-Significance (Form S)):
mmm*
Mailing Address
CityTown State Zip Code
PbunoNumUo, Fax Number(if applicable)
4� DEP File Number:
B. Instructions
1. When the Departmental action request in for(check one):
El Superseding Order of Conditions— Fee: $12UDO(single family house projects)Vr$245(all other
projects)
F1 SuoorsodingDatenninadonnfAnp|kmbiUdx— Fee: $120
El SupereedingOrderofResuunceAreaDa|inaation — Fea: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box4O62
Boston, VIA 82211
"ramonx.o""'Request for Departmental Action Fee Transmittal Form'rev.1z/14 Page Im2
Massachusetts Department of Environmental Protection
nsp File Number:
Bureau Of Resource Protection - Wetlands
�
Request for DepartmDepartmental Action Fee
ILI ' ' Provided hyocp
Transmittal U Form
u ��i������U^u��"
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 ).
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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