HomeMy WebLinkAbout- Decision - 102 SUGARCANE LANE 10/10/2018 CONSERVATION DEPARTMENT
Comi-nunity Development Division
DETERMINATION OF APPLICABILI'IY
SPEC CAL C..,ONDI'.1"IONS
102 Sugarcane Lane, North Andover
A the October: 10, 2018 public hearing, the North.Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for installation of a 12' x 16' shed on a stone base. All work will be outside
the 50-foot No-Build. Zone to Bordering Vegetated Wetland (BVW). The project will conform to the following:
Applicants/I-lomeowner: Mark D.i aonte
102 Sugarcane Lane
North Andover,MA 01845
Record.Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted: 9/24/2018
Record Plans: Portion of Site Plan with hand sketch of shed location
Certified Plot Plan with shed sketch, Date: 5/30/96
As-Built Septic System Plan with shed,Date: 7/20/96
SPECIAL CONDITIONS:
1. Prior to the start of work the applicant shall ensure that the site contractor has reviewed the Determination and
is aNvare 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 staked, 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.
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120 Akin Street,North Andover,iM,,issachusetts 01845
Plione 978.688.9530 Fax 978.688.9542
Web: littp://www.iiortli,,iiidoveriiia.gov
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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
A. General Information
Important:
When filling out From:
forms on the Town of North Andover
computer, use _ ___............_. _.......... _.......... ._... _.___.....
only the tab Conservation Commission
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Mark DiFonte
...._... ... _...__. _......__._ __..... ...............
return key. Name Name
102 Sugarcane Lane
reb Mailing Address Mailing Address
North Andover MA 01845
_........ ......._.� _ _----_
Cityrrown State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Portion of Site Plan with sketch of shed Septebmer 24, 2018
Title Date
Certified Plot Plan 5/30/06
Title Date
As-Built Septic System .........__ _._.w...__._ 7/20/96
__...
Title .. Date
2. Date Request Filed:
9/24/2018
B. Determination
Pursuant to the authority of M.O.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);
Replace existing 8x8 utility shed with a new 12x16 utlity shed on a crushed stone footing. Shed will be
located outside the 50-foot No-Build Zone to Bordering Vegetated Wetland.
Project Location:
120 Sugarcan Lane North Andover
Street Address City/Town
106.A 0264
_...._-- __..._.._....__
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 of 5
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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
B. Determination (cant.)
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.
No delineation done
❑ 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
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection /\Ct M.G.L. C. 131' §40
B. Determination /cC>nf.\
FlO. The following area and/or work, if any, ka subject hoa municipal ordinance or bylaw but not
subject tn the Massachusetts Wetlands Protection Act:
F-1 7. {fa Notice of Intent in filed for the work in the RiverfvontAnaa 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[o the wetland regulations at 10.58/4\c for more
information about the scope of alternatives requinemonto):
F| Alternatives limited to the lot on which the project islocated.
• Alternatives limited to the lot onwhich the project is located, the subdivided |oto, and any
adjacent lots formerly or presently owned by the same owner.
[l Alternatives limited to the original parcel on which the project io located, the subdivided �
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
Fl Alternatives extend tV 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 un|eeetheDepartmantfai|atoaotonsuohnaquestwithin35deysofthadotethe
�ipost-markedfor�e�ifi�� moi| orhandde|iveredtoth� �ep��m�n� VVorhmay then proceed
request s .
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.
171 1.'The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
11 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fi||, dnedga, or alter that area, Therefore' said work does not require the filing of
Notice nfIntent.
3. The work described in the Request is within the Buffer Zone, as defined in the regu|atione, 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).
Staking of shed location followed by pre construction inspection. Post construction inspection also
required..-,
El 4. The work described in the Request is not within an Area subject to protection Linder 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.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
A Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cant.) t
5. The area described in the Request is subject to protection under the Act. Since the work
i
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is re re
i
xenActivi (site stat atory/regulato provist n
tO
(-e
❑ 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 Chapter 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 http://www.mass.(Iov/eea/ag_encies/massder)/about/contacts/)
and the property owner(if different from the applicant).
Signatures:
Date
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ILI, 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
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 h ttp://www.mass.a ov/eea/age ncies/massdep/abou t/co n tacts/) 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 CIVIR 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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Massachusetts Department of Environmental Protection
�. DEP File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee _.
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a. Street Address b.City/Town Zip
c Check nurnber 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 CityiYown State Zip Code
not use the
return key. __._... _.. ___....._._ ...._...__._ _.�....... _.._ ....__ _._........
Phone Number Fax Number(if applicable)
Q3. 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)):
Name
Mailing Address
_... .......... _...... __ �_....__._.
City/Town State Zip Code
Phone Number Fax Number(if applicable)
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)
❑ 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
I
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Massachusetts Department of Environmental Protection oep File Number:
Bureau Df Resource Protection -Wetlands
Request forU�e��Depar
tmental Action Fee Pmvmeuuyo�P
Transmittal U ��
u �������U���n Form
Massachusetts Wetlands Protection Act M.G.L. C. 131' S40
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 Actor 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 od the same time be sent bv certified mail or hand delivery tnthe
Conservation Commission and to the applicant, if he/she |a not the appellant.
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