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Home My WebLink About- Permits - 195 OLYMPIC LANE 6/12/2019 CONSERVATION DEPARTMENT Comm unity Development Division NEGATIVE DETERMINATION CAP APPLICABILITY SPECIAL CONDITIONS 195 Olympic Lane At the June 12, 2019 public hearing, the North Andover Conservation Commission (N.ACC) voted to issue a Negative #2 and #3 Determination of Applicability for the reconstruction of the exisiting rear deck within the same footprint and dimensions, and eliminating existing stairs off the north side of existing deck and constructing new set of stairs at the south end of the deck. Exploratory borings will be done to determine adequacy of existing footings, if not new sono-tube footings will be hand dug. Work to take place within 100-foot buffer zone, within the 50-foot No ]wild Zone to BVW within the confines of a lawfully existing retaining wall, and 200-foot Riverfront Area.All of the work will conform to the following: Applicants/Owner: Michael&Ktistina Crepeau 195 Olympic Lane North Andover, MA 01845 Representative: William Manuell. Wetlands &Land.Management 100 Conifer Hill.Drive, #516 Danvers,MA 01923 i i Record Documents: Request for Determination of Applicability form 1 and supporting materials, submitted: May 29, 2019 Including: WPA Form 1,Application Checklist,Locus Map,Abutters Listing,, Notification to Abutters, Project Photos and Project Narrative Record flan: Title: "RDA Plan"As-Built Site Plan Prepared by: LeBlanc Survey.Associates, Inc. and Annotated by Wetlands &Land Management Date: May 14, 2019 (annotated plan received May 29, 2019) SPECIAL CONTJI'I ONS: 1. All materials (demo and construction related) shall be stockpiled within the paved driveway. 2. Once the project is complete, the applicant shall contact the Conservation Department to schedule a post construction inspection to verify compliance. 120 Ml iin Street,North Andover,Xkissachtisetts 01845 Phone 978.688,9530 Fix 975.688.9542 Web http://NvNv�v.iior,rharidcrvei.,gov 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I 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 North Andover computer, use w_. ..... only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Michael & Kristina Crepeau return key. Name Name Lane Mailing Address _...__195 O1 m Ic f� North AndoverMailing Address MA 01845 City/Town State Zip Code Cityrrown State Zip Code i 1. Title and Date (or Revised mate if applicable) of Final Plans and Other Documents: RDA Plan -As-Built Site Plan 195 Olympic Lane prepared by LeBlanc rcvd 05-29-19 Survey Associates annotated by etlands & Land Man a ement date Title Date Title Date 2. Date Request Filed: 05-2.9-19 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): Reconstruct exisiting rear deck within the same footprint and dimensions and eliminating existing stairs off the north side of existing deck and constructing new set of stairs at the south, end of the deck. Exploratory borings will be done to determine adequacy of existing footings„ if not new sono- tube footings will be hand dug. Work to take lace within 100-foot buffer zone to BVW and 200-foot Riverfront Area. Project Location: 19mpic Lane North Andover Street Address City/Town 106B 130 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability-rev,12/1 A Page 1 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 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). F-1 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. F-1 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plansattached to this Determination or to the Request for Determination. ❑ 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). F-1 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of M -n-idpaiity Pursuant to the following municipal wetland ordinance or bylaw: G-me Ordinance or Bylaw Citation waform2.doc-Determination of Apipficability-rev.12114 Page 2 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.) E] 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: EJ 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): F-1 Alternatives limited to the lot on which the project is located, F 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. 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. El 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). 1. All materials (demo and construction related) shall be stockpiled within paved driveway. 2. Once the project is complete, the applicant shall contact the Conservation Department to schedultapost.construction insVeqtion to verify EJ 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, wpaformIcloc-Detorminafion of Applicability-rev.12114 Page 3 of 5 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability I 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) F] 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 Chap-ter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: by hand delivery on EJ 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. A copy must be sent to the appropriate DPP Regional Office (see http://www mass.g ov/eea/a_q e ncies/m assd e p/a bout/con tacts and the property owner(if different fro the applicant). Signatures- --- ........ Date wparorm2.doc-Determunalion of Applicabifty-rev.12114 Page 4 of 5 4 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 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 httD://www,mass.qov/eea/agencies/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. wpaform2.doc Determination of Applicability-rev.12114 Page 5 of 5