HomeMy WebLinkAboutNegative Determination of Applicability - Permits - 46 HOLLOW TREE LANE 11/28/2018 t
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CONSERVATION DEPARTMENT
Community Development Division
NEGATTVE DFTERMTNATTON OF APPLTCABILITY
SPECTAL C ONDTTIONS
6 Hallow Tree Lane, North Andover
At the November 28, 2018 public hearing, the.North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for work in progress at 46 Hollow Tree Lane. The work includes after the
fact approval for land clearing and tree removal within Riverfront Area,Bordering I.and Subject to Flooding and in j
the 100-foot Buffer Zone to Bordering Vegetated Wetland. Stump grinding/removal is proposed. Restoration is '
required and is permitted in a separate Enforcement Order. The project will conform to the following:
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Applicants/Owners: James Lally
46 Hollow Tree Dane
North Andover, MA 01845
Record Documents: Request for.Determination of Applicability Form 1 and supporting materials,
submitted: November 14, 2018
Including: Letter from the Division of Fisheries &'Wildlife dated November 06,
2018 (NHESP File No.: 18-37789), Delineation Report dated 08 October 2018
prepared by Hancock Associates, supporting maps and plans
Record Plan: Title: Topographic Plan of Land in North Andover,NIA—46 Hollow Tree Lane
Prepared by: Hancock Associates
Date: 11/14/18
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 (bark mulch or compost filter sock,minimum 1.2") shall be installed at the limit of clearing
between all proposed work areas and wetland resource areas. The location of the erosion control shall be field
confirmed with the Conservation Department. No work or stockpiling of materials shall occur outside of the
installed erosion controls.
3. Paved surfaces shall be swept daily and kept clear of sediment and debris.
4. Once the erosion controls are in place and prior to the start of work, the applicant shall arrange a
preconstruction meeting at the site with the contractor, the homeowner and the Conservation Department.
5. Under this determination, no changes in grade have been approved by the Conservation Commission. Portions 1
of the work are within Bordering Land Subject to Flooding and changes in grade would require compensatory
flood storage.
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120 Main Street,North Andover,Massachusetts 01.845 �
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Phone 978.688.9530 Fax 978.688.9542 {
Web:littp://,,vw v.northatidover.gov
6. Restoration work including monumentation of the 2.5' No-Disturbance 'one as well as replanting. These
activities are required as part of an Enforcement Order and will be clone in conjunction with the permitted
work. {
7. Upon completion of the approved project and site stabilization,please contact the Conservation Departs .ent }
for a final inspection to ensure that the lawn area has been stabilized and erosion controls can be removed.
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120 Main Street, forth Andover,TMassachusetts 01845
Rhone 97&688.9530 Fax 978.688.9542
%Veb.http://w-,vtir.northandover.gov
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
i 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 James_Lally
return key. Name Name
46 Hollow Tree Lane
Nor
Mailing Address Mailing Address
VQ
North Andover MA 01845
City,rrown State Zip Code CityrFown State Zip Code
1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
46 Hollow Tree Lane -To poi"ra �ic�Pan Land North Andover,MA 11114/18
Title
Date
Title Date
Title
Date
2. Date Request Filed:
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):
After the fact permitting for tree clearing and yard expansion within Riverfront Area, Bordering Land
Subject to Flooding nd the 100 foot-buffer zone to Bordering Vegetated Wetland.
Project Location:
46 Hollow Tree Lane North Andover
7§-t re ei:Address-A - City[rown
104.A 0013
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc,-Determination of Applicability-irev,12M4 Page 1 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
I
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act. M.G.L. �c. 131, §40 l
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B. Determination (cont.)
The following Determinations) islare 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).
El 1. The area described on the referenced plans) 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.
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❑ 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
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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
r
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.12/14 Page 2 of 6
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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.G.L. 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 Act:
171 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):
171 Alternatives limited to the lot on which the project is located.
F-1 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.
F1 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.
El 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 lis 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 its 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 (minimum 12" compost or bark mulch sock) must be installed prior to stump
removal at the limit of disturbance. No change in extisting grades permitted in area of Bordering
Land Subject to Flooding. Pre and post construction inspections required, See Enforcment Order
for restoration requirements. ....
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 ApplicabRity-rev.12114 Page 3 of 5
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability li
, 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 Municipaf,tY_
Pursuant to a municipal wetlands ordinance or bylaw.
Town of North Andover Chapter 178
kanne- I
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
bate 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.gov/eea/agenicies/massdep/about/contacts/)
and the property owner(if different from the applicant).
Signatures:
_fUL ado, -m4-
Gate
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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.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 Off ice (see http:// vww.mass..gov/eea/a.gencies/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.
wpaform2.doc-Determination of Appkcabitity rev.12114 Page 5 of 5
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental Action Fee 1 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
s r...- b.Cityrrown,Zip
c.Check number d. Fee amount
Important: 2. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to IMailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone rr Number Fax Number(if applicable)
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
JtYJTOWn� 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 (ail other
projects)
El Superseding Determination of Applicability- Fee: $120
El 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
Pa
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ILIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee
Transmittal Form Provilded by DEP
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 imoney order with the Request for a
Superseding Determination or Order by certified mail or hand delivery to the appropriate IDEP
Regional Office (see http://www.imass,gov/eea/a_qencies/mass�dep/abolut/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.
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