HomeMy WebLinkAbout- Permits - 46 FOSTER STREET 1/9/2019 (3) 1,
J
� a
1
t
7
3
CONSERVATION DEPARTMENT 1
Community Development Division 1
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
46 Foster Street, North Andover:
At the January 9, 2019 public hearing, the North.Andover Conservation Con mission (NACC) voted to issue a
Negative Determination of Applicability for work proposed at 46 Foster Street. The work includes removal of an
existing pool,patio and stairs with the addition of clean fill and grading within the 100-foot Buffer Zone to
Bordering Vegetated Wetland. The project will conform to the following:
i
Applicants/Owners: Jacque Margolycz
46 Foster Street
North.Andover,MA 01845
Representative: Gregory J. Hochmuth
William— & Spgrnges, T,T,C
189 Main Street
Middleton, MA 01949
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted: December 11, 2018 1
Including: USES Locus Map, Narrative,Affidavit of Service, Notification to
Abutters,Abutter List
Prepared by: Williams &Sparages,LLC
Date: December 4, 2a18 J
Record Plan: 'Title: bequest for Determination of Applicability Sketch.Plan (not to scale)
Prepared by:Williams &Sparages Civil Engineering&Land Surveyors
I
SPECIAL CONDITIONS:
1. Prior to d'ne 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. t
2. All work shall take place under frozen ground conditions unless an alternative date outside of the winter season
is approved by the Conservation Department. A dated construction sequence shall also be provided.
3. Erosion controls (compost filter sock, minimum 12" backed by trenched siltation fence) shall be installed as 1
depicted on the herein-referenced plan. No work or stockpiling of materials shall occur outside of the installed
erosion controls.
i
120 hla�i Street,North Audover, Massachuscus, 01845
Phone 978.688,9530 Fax 978,688.9542.
Web:http://'xvrv\v.iiortharndover.gov
4. Once the erosion controls are in place and prior to the start of work, the applicant Shan arrange a
preconstruction meeting at the site with the contractor, the homeowner and the Conservation Department.
5. A final plan for the location and design of the construction entrance shall be provided at the pre-consttuction
rneefing-
6. Any fill used in connection with this project shall be clean fill (natural materials only).
7. Upon completion of the approved project and site stabflization,please contact the Conservation Department
for-a final inspection to ensure that the disturbed areas have fully revegetated and erosion controls can be
removed.
120 Main Street,North Andover,Massachusetts OD1845
Phone 978.688.9530 Fax 978,688,9542
Web:http//mr%v,v.n,ortliatidovcr.gov
Massachusetts Department of Environmental Protection
LlBureau 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 Conservation commission
only the tab key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the
return key. Name Name
46 Foster Street
rob Mailing Address Rkaifing Address
North Andover MA 11145
State Zip Code
CitylTown State Zip Code City/Town
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Request for Determination_9!,Applicability Sketch Plan none
Date
Title
Date
Title
Date
Title
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):
To remove an existing pool, patio and stairs and conduct grading within 100 feet of Bordering
Vegetated Wetlands. All work is within existing maintained lawn and/or landscaped areas and erosion
controls are ro osed during t
Project Location:
46 Foster Street North Andover
--Street-Address City/Town
104D 50
Parcel/Lot Number
/Piat Number
Assessors Map
Page 1 of 5
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
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(i.e., Conservation Commission or the Department of Environmental Protection).
F1 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.
El 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.
21b. 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 pian(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).
El 5. The area and/o�r 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:
i�rdinanc�eoiByla�Bylaw Citation
Name
Page 2 of 5
A—.r)M1Hnn of A—Hrabilitv-rev.112114
4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.Gi.L. c. 131, §40
B. Determination (cont.)
0 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):
El Alternatives limited to the lot on which the project is located.
El 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.
0 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.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
El 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).
Prior to construction applicant will submit a construction schedule and confirm the location of the
construction access entrance and stockpile location. All work shall be done under frozen
conditions or with the approval of the conservation department(if outside the winter season), Pre
and post construction inspections are required. See attached.
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 Art.
4011A Page 3 of 5
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination ®f Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
F? 5, The area described in the Request
quest is subject to protection under the Act. since the work and
described therein meets the requirements for the following exemption, as specified in the Act a
the regulations, no Notice of intent is required:
L
Exempt Activity(site applicable statuatorytregulatory provislons)
El 6. The area and/or work described in the Request is not subject to review and approval by:
-ka-me—ofmunioipa—Itty--
Pursuant to a municipal wetlands ordinance or bylaw.
Town of North Andover Chapter 178
Ordinance or Bylaw citation
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
F1 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
ther applicable federal, state, or local statutes, ordinances,
relieve the applicant from complying with all o
bylaws, or regulations,
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
tsl)
tac�
assde �/about/�con
the appropriate DPP Regional Office (see htt L/www,:m.s ov/ee�a/aen�&ies/m�
and the property owner(if different from the applicant).
Signatures:
01/0912019
Date
Page 4 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
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the Ian(
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/eee/a-qencies/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.
M S-Ii-hil if 19114 Page 5 of 5
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee
Provided by DEP
Transmittal Form
Massachusetts Wetlands Protection Act M.,G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b. Cityfrown,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 Mailing Address
move your
cursor-do City[Town State Zip Code
not use the
return key. 13i;�one-Number Fax Number(if applicable)
rye 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
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)
El Superseding Determination of Applicability—Fee: $120
F-1 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
Page I of 2
—0—r..Trans,-W.1 r 12114
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee
I Transmittal Form Provided 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 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/ag encies/massdep/about1conta
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.
....... --4--1 Art!-F..T-n—MA Form•rev.12114 Page 2 of 2