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Home My WebLink About- Permits - 116 MARBLERIDGE ROAD 4/24/2019 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 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 Andrew& Jessica Holland return key. Name Name 116 Marbleridg_e Road rid Mailing Address Maiiing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code rnra 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 116 Marbleridge Rd - Patio Proposal Recvd March 29, Title 2019 Portion of As-Built Plan with hand sketch of Patio and Stairs March 29, 2019 .......... Itfe— Date Title Date 2. Date Request Filed: March 29, 2019 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): After the fact permitting for patio, stairs and landing constructed within 50 feet of Bordering Vegetated Wetland. Project Location: .116 MarbleridgeRoad North Andover Street Address City/Town 37B 0011 Assessors Map/Plat Number Parcel/Lot Number wpaforrn2,doc•Determanation of Applicablity-rev.12)14 Page 1 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts WetIands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determinations) 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. Z 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, See.DEP File#242-1387 ❑ 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. F1 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. F-1 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 wpafarmldoc-Determnnation of Applicabilky-rev.12114 Page 2 of 5 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands W —PA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) [:1 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: F1 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): F1 Alternatives limited to the lot on which the project is located. ❑ 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. ❑ 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. F-1 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. R 1. 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). After the fact approval of a paver patio located partially within the 50' No-Build Zone (waiver 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 AppliGabifity-rev.12114 Page$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.) ❑ 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 Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Chapter..'1.78 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: 171 by hand delivery on by certified mail, return receipt requested on _6_ate —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 hittp://www.mass.,qov/eea/agencies/ma,ssdeD/about/contacts,/) and the property owner(if different from the applicant). Signatures: AM V Date wpaform2.doc•Determination of Applicability•rev.12114 Page 4 of 6