HomeMy WebLinkAbout- Permits - 292 SALEM STREET 5/22/2019 i
i
CONSERVATION DEPARTMENT
Community Development Division
i
NEGATIVE DETERMINATION OIL APPLICCABILITY
SPECIAL CONDITIONS
292 Salem Street, North Andover
At the May 22, 2019 public hearing, the North Andover Conservation Commission (NACC) voted to issue,a
Negative Determination of Applicability for work proposed at 292 Salem Street. The work included completing the
construction of a patio that is approximately 80' from bordering vegetated wetland (BVW) associated with an
intermittent stream. The work also includes cutting back vegetation along the eastern edge of the property 5--7'
adjacent to the shed, and the installation of an approximately 30'long stone wall along the edge of existing
vegetation adjacent to the stream. The project will conform to the following:
i
Applicants/Owners: William Gosselin&Margaret Bray
292 Salem Street
North Andover,NSA. 01845
Record Documents: Request for Determination of.Applicability Form 1 and supporting materials,
submitted: May 8, 2019
Including: USOS Locus Map,Narrative, Site Plan,Riverfront Map, NHESP Map,
Topography Map,Wetlands Inventory,Notification to Abutters,Abutter List
Prepared by:William Gosselin & Margaret.Bray
Date: May 8,2019
SPECIAL CONDITIONS:
1
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. No soil shall be spread within 50' of the wetland resource areas.
3. Prior to the start of patio work, the existing tree line adjacent to the intermittent stream shall be permanently
monutnented (every 30') with wedand markers (5 round markers, $2 each, and 2 square markers, 3 each,
available for purchase at Town hall).
4. Upon completion of the approved project, please contact the Conservation Department for a final inspection.
120Uiin Street,North Andover,Mass-nhusctts 01845
P1ione 978.688.9530 F''ix 978.688.9542
Web: littp://N,.,Nv\\,,jioi:thaiido,ver.gov
4
LlMassachusetts 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 William Gosselin & Ma_,�Wa aret Bray
return key. Name Name
292 Salem Street
WC] _FA`ai_1ingAddress Mailing Address
North Andover MA 01845
Cityl-rown State Zip'Z—ip Code State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Aerial Photo with hand sketch of_pafiq_area
Title Date
Title
Date
Title
Date
2. Date Request Filed:
May 08, 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):
Remove existing asphalt walkway, install paver stone patio using existing walkway as outline of new
patio, veneer existing landing and steps with paver stones. Dirt removed will be spread in the yard and re-
graded as to not impact normal rainwater flow. Stones removed from ground to be used for stone wall on
edge of wetlands as natural barrier. Remove brush around existing shed for access purposes and to
preserve.structure.
Project Location:
292 Salem Street North Andover
street Address Cityrrown
037.D 0004
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc-DetermEnaflon of Applicability-rev.12114 Pagel 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(Le., 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.
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.
Z 2b, The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on tto`eplans attached to this Determination or
to the Request for Determination.
Bordering Vegetated Wetland associated with intermittent stream
❑ 3. The work described on referenced plan(s) and documents) 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 N1_unldpafity
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability-rev.12114 Page 2 of 5
4
Ll (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 (con" .)
❑ 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:
f
❑ 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 fallowing alternatives. (Refer to the wetland regulations at 15.58(4)c. for more
information about the scope of alternatives requirements):
i
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. j
❑ 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.
❑ 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).
No soil shall be spread within 50'of the wetland resource area. Wetland markers shall be installed
aloes the existing tree line (every 30"). 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 Act.
j
I
wpaform2.doc•Determination of Applicability•rev.12114 Page 3 of 5
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -'l1''Jetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
l
B. Determination (cant.)
E] 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 reguilations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
I
0 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 i
Narme Ordinance or Bylaw citation i
C. Authorization
This Determination is issued to the applicant and delivered as follows:
El by hand delivery on t,, certified mail, return receipt requested on
by
L7ate 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 DPP Regional Office (see http:llwww,mass.gov/eea/agenci.es/mas3deD/about/contacts/)
and the property owner(if different from the applicant),
Signatures:
6111
Date
wpaform2.doc•Determination of Applicabii1ty-rev.12/14 Page 4 of 5
4
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
11 PA Farm 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 htt ://w�rww.m�ass. ov/ee�a/a� sde `/about/coritacts/) to issue�a 1
' enciesImes
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.
i
i
1
l;
i
i
wpaform2.doo•Determination of Applicab'ifity-rev.12/14 Page 5 of
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
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
Important: c.Check number d.Fee amount
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-doCity/Town State Zip Code
not use the
return key, Phone Number -Fax N"u-mber 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
Mailing Address
City/Town 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
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
wpeform2.doc-Request for Deparlmental Action Fee Transmittal Form-rev,12/14 Pagel of 2
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fille Numbeir
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Art 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/a.gencies/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.
wpaform2 doc-Request for Departmental Action Fee Transmittal Form-rev.12/14 Page 2 of 2