HomeMy WebLinkAbout- Permits - 40 RIDGE WAY 5/8/2019 l
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CONSERVATION DEPARTMENT
Community Development Division �
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NEGATIVE DETEIZMINAT10N OF APPLICABILITY
SPECIAL CONDITIONS
40 Rxdge Way, North Andover
At the May 8, 2019 public hearing, the North.Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for work proposed at 40 Ridge Way. The work includes construction of a
20-foot by 20-foot addition on a full foundation with relocation/reconstruction of an existing patio within. the 100-
foot Buffer ;Lone to Bordering Vegetated Wetland, Relocation of an unpermitted shed to a location outside the 50-
foot No-Build Zone, as shown on the herein referenced plan,is also approved.The project will conform to the
folllowing:
Applicants/Owners: Bryce &Lori Chicoyne
40 Ridge Way
North Andover,MA 01845
Representative: Dennis Griecci
Andover Consultants, Inc.
189 Main Street
Middleton, MA 01949
Record Documents: Request for Determination of Applicability Form 1 and supporting materials,
submitted:April 11, 2019
Including: USES Locus Map,Narrative, DEP Delineation Field Data Forms,.
Riverfront Map, FIRM Panel, Soil Map,Wetlands Inventory, Construction Pollution.
Prevention and Erosion and Sedimentation Control, Notification to Abutters,
Abutter List
Prepared by:Andover Consultants, Inc.
Date:April 10, 2019
Record Plan: Title: Site Plan, 40 Ridge Way,North Andover, Mass.
Prepared by:Andover Consultants, Inc.
Stamped by: Dennis A. Griecci, P.E.
Last Revised: April 29, 2019
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.
1 t1 Nlaitr Strcct,l ortli A4ndover,A\lassachusetts 01845
Phone 978.688,9530 Nx 978-681.9542
Web; http:f/,,vN"v.tiortliatidover.goN,
2. Prior to the start of work, the shed shall be moved out of the 25-foot No-Disturbance .done and relocated as
shown on the herein referenced plan (see Enforcement Order issued May 14,2019).
3. Erosion controls (compost filter sock, minimum 12" or staked haybales backed by trenched siltation fence) shall
be installed as depicted on the herein--referenced plan. No work or stockpiling of materials shall occur outside of
the installed erosion controls.
4. Once the erosion controls are in place and prior to the start of world, the applicant shall 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--construction
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meeting for approval.
6. Upon completion of the approved project and site stabilization,please contact the Conservation Department
for a final inspection to ensure that the disturbed areas have fully revegetated and erosion cozattols can be
removed.
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120111sa»n Street,Nortkr,Andover,Massachusetts 111845
Phone 978.688.9530 Fqx 978.688.9542
Wcb;11ttp:://-,v%vNv,iiottllrtieclover.gov
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Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WP,A 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 Bryce & Lori
return key. Me Name
40 Ridge Way
Mailing Address Mailing Address
North Andover MA 01845
-Cut yfrown State Zip Code City/Town State Zip Code
leMn
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plan 40 Ridge Way, North Andover, Mass. April 29, 201
Title Date
Enforcement Order May 14, 2_919
Title Date
Title Date
2. Date Request Filed:
April 11, 2019
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):
The proposed work includes the construction a twenty foot by twenty foot addition to the northeast
corner of the house and the relocation/reconstruction of the existing patio. The proposed work is within
the I 00-foot buffer zone to Bordering Vegetated Wetland. Relocation of an unpermitted shed outside the
50-foot No-Build Zone is also proposed.
Project Location:
40 Ridge.W North Andover
Street Address City/Town
98 72
..Assessors MaptPlat Number Parcel/Lot Number
wpaformMoc-Determination of(Applicability-rev.12)14 Page 1 of 5
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Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands
WVIPA► Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.) j
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).
❑ 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.
Bordering Vegetated Wetland associated with an Intermittent Stream Flags 1A- 10A as revised
❑ 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 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:
Narne Ordinance or Bylaw citation
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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
B. Determination (coat.)
r_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:
r_1 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.
F1 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.
171 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.
F] 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.
Z 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).
Unpermitted shed to be relocated prior to start of construction; installation of min, 12" compost or
bark mulch sock; plan for stabilized construction entrance to be approved and implemented prior
to construction, pre & post construction inspection. See detailed conditions attached.
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.
wp9forrn2.doc•Determinalion of Applfcabildy-rev.12114 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.)
0 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:
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1771 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 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows;
0 by hand delivery on Rl by certified mail, return receipt requested on
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Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation IManagement 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.giov/eea/agencies/massdep/abouttcontacts/)
and the property owner(if different from the applicant).
Signatures:
y
Date
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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://vww.mass.gov/eea/a.gencies/massdep/ab-ouit/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 CIVIR 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.
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L11Massachusetts 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
a. Street Address b. City/Town,Zip f
c.Check number d. Fee amount
Important:
2. Person or party making request (if appropriate, name the citizen �group's representative):
When filling
out formson
the computer, Name
use only the
tab key to Vailing Address
move your
cursor-do CityrTown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
lab 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)):
Fame
Mafling Address
_67tyffown 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 (MI other
projects)
F-1 Superseding Determination of Applicability- Fee: $120
Fj 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
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DES'
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cant.)
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.
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3. Send a copy of this form and a copy of the check or imoney order with the Request for a i
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office (see htt- //www.mass. ov/eea/a enciies/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.
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