HomeMy WebLinkAboutDOA Special Conditions - Permits - 158 COACHMANS LANE 12/12/2018 w
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CONSERVATION DEPARTMENT
Community Developtr7ent.Division
DE TERMINATION OF APPLICAFILITY
SPEC .AI.., CONDITIONS
158 Coachmans Lane, North Andover
At the December 12,2018 public hearing, the North Andover: Conservation Commission (NACC) voted to.issue a
Negative Determination of Applicability for installation of a 10'x 23' deck over an existing pea stone patio.All
ground disturbance is to be outside the 50-foot No--Build Zone to Bordering Vegetated Wetland (BV '). A corner
of the deck will be cantilevered into the 50-foot No--Build. Zone. The project will conform to the following:
Applicants/Homeowner: Deborah Boudreau
158 Coachmans Lane
North Andover,M.A. 01845
Record.Documents: Request for Determination of Applicability Form 1 and supporting;materials,
submitted: November 26, 2015
Record flans: Plan of Land Showing Proposed Deck Construction
Date: May 29, 2015 Revised: October 5, 2015
Prepared by Merrimack engineering Services
66 Park Street,Andover,Massachusetts 01810
Stamped by Stephen E. Stapinski,PLS
SPECIAL CONDITIONS:
1. Prior to the start of work the applicant shall ensure that the site contractor has reviewed the Determination and j
is aware of the wetland resource area and the limits of the proposed work.
2. Three (3) additional wetland markers shall be placed on mature trees at the edge of the existing lawn (up--
gradient of the wetland line). One marker is currently in place.
3. [.Upon completion of the approved project and site stabilization, please contact the Conservation Department
for a final inspection,
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Alain
Street,North Nlassachusetts 01845ao t
Fax 978.688.9542
Web:http://,,"vw,iuortliandoverina.gov
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L11Massachusetts 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
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 Deborah Boudreau
return key. Name Name
158 Coachmans Lane
V Q V t iAing Address Mailing Address
North Andover MA 01845
City/Tow n State Zip Code CityfFown State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Land Showing Proposed Deck Construction October 5, 2018
Tide Date
Title
Date
Title Date
2. Date Request Filed:
November-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):
To construct a 10 ft. x 23 ft. deck over an existing pea stone patio. All ground disturbance is outside of
the 50' no build zone. Corner of new deck will be cantilevered into the 50-foot No Build Zone.
Project Location:
158 Coachmans Lane North Andover
Street Address CityfFown
64 65
Assessors Map/Plat Number Parcel/Lot Number
wpaform2,doc-Determination of Appkablity-rev,12114 Page 1 of 5
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ILIMassachusetts Department of Environmental Protection
Bureau Oƒ 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 cf the Wetlands Protection Act may proceed until o 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).
[l 1. The area described on the referenced plan(s) is an area subject to protection under the Art.
Renmovimg,fi||ing, dnadg|nQ, or altering uf the area requires the filing ofa Notice ofIntent.
0 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 em long oo this Determination isvalid.
_qorderingye etabadWet| mdH 3-4 1B-4
�l 2b. The boundaries of resource areas listed below are not��nom�rmnaU by this Determination,regardless ofvvhether such boundaries are contained onthep|aus attached bo this Determination ur
to the Request for Determination.
Fl 3, The work described on referenced plan(s) and document(s) is within an area su!bject to
-- protection under the Act and will remove, 0|, dredge, ur alter that area. Therefore, said work
requires the filing of Notice of Intent.
Fl 4. Thmwnrhdesuribedmnnafenancedp|an(s) onddocmmeot(u) |ovv|thintheBu�erZomemndvviN
-- alter an Area subject to protection under the Act. Thenyfmne, said work requires the filing of
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
n 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name mfMunicipaBty
Pursuant tu the following municipal wetland ordinance or bylaw:
Name Ordinance w. Bylaw Citation
~p°form2.woc'Determination m Applicability'rev.1xn4 Page zm*
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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:
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 1 0.58(4)c. for more
information about the scope of alternatives requirements):
F-1 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.
El 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 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.
❑ I, 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 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).
Installation of 3 additional wetland markers at the edge of treeline and a post construction
inspection. ._
El 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-Determinatlon of Applicability-rev.12M4 Page 3 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 (cont.)
El 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/reguiatory provisions)
FJ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Town of North Andover Cha tear
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. Acopy must be sent to
the appropriate DEP Regional Office (see ://www.mass.lov/eea/agencies/massdep/about/contacts/)
and the property owner(if different from th pplicant).
Signatures:
DE P Regional
office (see ://www.mass.owner
i tfrL
ne f different from
th �plZ=an
bate
wpaform2.doc Determination of Appficahlity-rev.12114 Page 4 of 5
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> . 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/agencies/massde /about/contacts/) to issue a
Superseding Determination of AppIlicabifity. 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
appeiiant. The request shall state clearly and conciseiy 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.doe-Determination of AppHcability-rev.12114 Page 5 of 5
L11Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee
Transmittal Form ProvWed by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a. Street Address b. CityFl-own,Zip
c.Check number d.Fee amount
Important:
When filling 2. Person or party making request(if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityfl own State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
VQ 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
Maifng Address
Cityrrown 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
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 406,2
Boston, MA 02211
wpaformMoc-Request for Departmental Action Fee Transmittal Form-rev.12114 Page 1 of 2
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Foie Number:
Request for Departmental Action Fee
Transmittal FormProvided by DEP
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Massachusetts Wetlands Protection ,Act M.G.L. c. 131, §40
B. Instructions (cont.)
. 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. f
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 http://www,mass.gov/eea/agencies/massdep/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.
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