HomeMy WebLinkAbout- Decision - 1275 SALEM STREET 10/16/2018 I
CONSERVATION DEPARTMENT
Community Development Division
i
DETERMINATION OF APPLIC.;ABILITY
SPECIAL CONDITIONS
1275 Salem Street, North Andover
At the October 10, 2018 public hearing, the North Andover Conservation Comnnission (NACC) voted to issue a
Negative Determination of.Applicability for regrading of the existing back yard (mowed lawn area). All work will be
outside of Bordering Vegetated Wetland (BV)N). The project will conform to the following:
i
Applicants/1-lomeowner: Jeffrey J. &Ashley R. Clark
1275 Salem Street
North Andover, MA 01.545
Record Documents: Request for Determination of Applicability Form 1, checldist,letter dated 1
September 2018,List of abutters,Proof of Mailing, Construction Schedule&
Sequence and supporting materials, submitted: 9/26/201
Record Plans: Portion of Site Plan for#1275 Salem Street with hand sketch of grading area
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. Work shall be started no later than spring 2019 (when the growing;season has begun).
3. Prior to start of work a 12" compost or bark mulch sock must be installed between the lawn and edge of BVW.
4. Once the erosion control is installed, the applicant shall arrange a preconsteuction meeting at the site with the
Conservation Department.
5. Wetland markers (available from the Conservation Department) shall be installed every 30-40 feet at the 25' No--
Disturbance Zone/edge of BVW. Markers may be located on mature trees or on pressure treated posts (4" x 4"
x 6-.8') buried 3--4'into the ground.
6. Upon completion of the approved project:and site stabilization,please contact the Conservation Department
for a finial inspection.
i
i
--
1 20 Main Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.nor.thatidovertnia.gov
4
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 _ ...._ ......_. ...,.._._ ._ .............._. _ ....___ ......_ _........_. _._.,, ._.___ i
Conservation Commission
only the tab
key to move To: Applicant Property Owner (if different from applicant):
Your cursor-
do not use the Jeffre & Ash ley Clark
return key. Name Name
1275 Salem Street
Q Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code city/Town State Zip Code
FBdan
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Portion of Site Plan with re-grading area identified. none
.. ._.. _—
Title Date
Title Date
Title Date
2. Date Request Filed:
9/26/2018
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):
Re-grading of exisitng lawn with installation of knee wall outside the 25' No-Disturbance Zone. All
areas to be loamed and seeded.
Project Location:
1275 Salem Street North Andover
Street Address City/Town
106A
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.12/14 pago 1 of 5
4
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 (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(Le., 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 AN RAID 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 Applicabi€y•rev.12114 Page 2 of 5
4
LlMassachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands
WPA Form 2 -- Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131. §40
B. Determination (cont.)
El 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 Aot�
F] 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)u. for more
information about the scope of alternatives naquinemento):
Alternatives limited to the lot onwhich the project is |000had.
Fl Alternatives limited to the lot on which the project is |ooated, the subdivided |oto, and any
adjacent lots formerly nr presently owned by the same owner. �
�
Fl A|harnmth/aa limited to the original parcel on which the project is |onghad, the subdivided �
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality. _
F-1 Alternatives extend to any sites which can reasonably be obtained within the appropriate
region nf the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department in 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
o(the owner's risk only upon notice to the Department and tothe Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
El 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
�l 2. The voorkdescribed |n the Request invvithinon area subject bo 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 ofIntent.
3. The work described in the Request is within the Buffer Zone, as defined in the nagu|oUonn, but
will not alter an Area subject to protection under the Act. Thenafnna, said work does not require
! the filing of Notice ofIntent, subject to the following conditions (if any).
Installation of compost nr bark mulch sock erosion control (Minimum 12")followed bym pre-
construction inapenUnn. VVurKnothobeg|nunti| sphng2O18. VVft|andmorkermtobe |noba||eUat
| existing tnaa|ine every 30'40feet(available from Conservation Department). Post construction
inspection i d when sitei anent| stabilized.
/ �� 4. The vwnrkdonuhbed |n the Request in not Vv|thinan /\naa subject tnproteoUon under the Act
� (including theBuffer Zone). Therefore, said worhdoes not require the filing of Notice of Intent,
un|uoo and until said work alters an Area subject to protection under the Ant.
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
D. Determination (cant.) 1
❑ 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:
North Andover
_.- ___---- ...... ___—_.w....
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
ToNam"wn of North Andover ....._. _..._... Chapter❑7
e 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 ham://www.mass'. ov/eea/a encies/massde /about/contacts/)
and the property owner(if different from the applicant).
Signatures:
F
Date
wpaform2.doc•Determination of Applicability-rev.12114 Page 4 of 5
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
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/eea/a genciesfrnassdep/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.
Page 5 of 5
wpaform2.doc•Determination of Applicability•rev.12114
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 j
a. Street Address b. Cityfrown,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 Cityfrown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
r 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)):
Name
Mailing Address
Cityfrowro 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)
0 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
wpaforrn2.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 Ll for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cunt.)
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.
I 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 htt ://www.mass. ov/eea/a envies/massde /about/contacts/).
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 Fe 'transmittal Form•rev.12114 Page 2 of 2