HomeMy WebLinkAbout- Permits - 337 HILLSIDE ROAD 10/23/2019 CONSERVATION DEPARTMENT
Community Development Division
NECK A`1'1VE DETERIVIINX 'JON OF .APPLICABILF1Y
SPECIAL CONDITIONS
337 Hillside Road, North Andover
At the October 23, 2019 public hearing, the North Andover Conseii ation Commission (NACQ voted to issue a
Negative Determination of Applicability##3 for work proposed at 337 Hillside Load. The work includes a 5'
extension of the driveway width and installation of a T ,vide by 1' deep trench along the length of the driveway.
The trench will be filled with-'/t" of crushed stone and will assist with water drainage on the property. The work
also includes the construction of a 24' diameter cartridge salt water above-ground pool and a pager patio with a
small stone fire pit. Additionally, the NACC is requiring the homeowner to revegetate a previously-cleared
intermittent stream bank with 30 Contras stolokfera(red osier dogwood) plantings. All work is within the 100' buffer
zone of Bordering Vegetated Wetlands (BVW), but outside of t1w 50' No-Build zone and plantings within the 25'-
No-Disturb. The project-will conform to the following:
Applicant/Homeowner: Jason Ebacher.
337 Hillside Road
North Andover, l' A 01845
Representative: The Florin-Cameron Croup, Inc.
66 Elm.Street
Danvers, I IA 01923
1
Record Documents: Request for Deterrnination of Applicability]Form 1 and supporting materials,
submitted: October 9,2019
Including: USCS Locus &Riverfront Map,Plot Plan, Notification to Abutters,
Abutters List
Date: October 7, 2019 j
i
Record Plan: Title: Site Plan of Land---337 Hillside Road j
Scale: 1"=40', signed and stamped by John Morin �
Prepared by: The Morin-Cameron Croup,Inc.
Last Revised: October 7, 2019
SPECIAL CONDITIONS:
ONS:
1. As stated by the applicant during the October 23, 2019 hearing, the proposed driveway widening will be
narrowed so as to eliminate any new pavement within the 50-Foot No Build Zone,with the infiltration trench
being allowed within that zone.
1
1.20'Main Street,North Andover,Massachusetts 01845
P'lione 978.688.9530 Fax 978.688.9542
Web:http://,,N,\vN%r.nortliandover.gov
2. Prior to the start of work, the applicant shall ensure that the site contractor has reviewed the Determination and
is aware of die wedand resource area and the limits of t1e proposed work,
3. Erosion controls (12" nrinitnum compost or bark mulch sock) shall be installed between the area ofwork and
the wetland resource area,as shown on the site plan.
4. All other applicable pern-sits shall be secured before work commences.
5. Once erosion controls a:re in place and prior to die start of work, the applicant shall artange a preconstruction
meeting at the site with die Conservation Department.
6. The above-ground pool shall operate with a cartridge--type filter system (not a diatornaceous earth backwash.
system).
7. The plantings trust exhibit 75% overall survivorship after two growing seasons post-installation. If the
suivivorship is less than 75%, the I`ACC may require additional/replacemrent plantings.
8. Upon completion of the approved project or elements undertaken throughout the 3-year life of this permit,
please contact die Conservation Department for a final inspection to verify compliance with these conditions
and final approval for erosion control removal.
ATECAMIE,Dl�TFRAllAtATIOAT OF,APPUC 4BILJ7-)1
.SPECIAL CONDJUGN:S
337 Hillside Road,Noilla Andover
Page 2 of 2
J
i
120 Main Street,North Andover,Alassnchusetts 01845
Phone 978.68 .9530 Fq:x 978.688.9542
Web:littp://Nv�vw.iiortliati dovc:r.gov
assachus,etts Department of Environmental Protection
LABureau of Resource Protection - Wetlands
WP�A Form 2 — Determination of Applicability assachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out rom.
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 Jason Ebacher
return key. Name Name
337 Hillside Road
Mailing Address, Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip,Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plan of Land - prepared by Morin-Cameron Group, stamped & signed October 7, 2019
by John Morin -scale I"=40' Date
Title Date
Title Date
2. Date Request Filed'-
10/9/19
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):
5' extension of driveway width, 2' wide by 1' deep crushed stone trench along length of driveway for
water drainage, 24' diameter cartridge salt water above-ground pool, paver patio with small stone fire pit,
revegetation of a previously-cleared intermittent stream bank with 30 red osier dogwood plantings. All"
work is within the 100' buffer zone of Bordering Vegetate Wetlands (BVW) but outside of the 50' No-Build
zone and the planting in the 25' no disturbance zone.
Project Location:
337 Hillside Road North Andover
Street Address City/Town
25 68
Assessors MaplPlat Number 43a ih:otNumber
Nvpaform2.doc-Determination of Applicability•rev,12114 Page 1 of 5
Massachusetts Department of Environmental Protection
LABureau 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).
El 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.
F1 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.
El 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).
F] 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
%vpaform2.doc-Determination of AppficalaiRy-rev.12114 Page 2 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.)
[: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:
El 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 moire
information about the scope of alternatives requirements):
F] 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.
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.
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).
Erosion controls insillation, pre/post construction inspection (see attached letter for full list of
conditions
...............
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.
wpalformi•Determination of Applicability-rev.12114 Page 3 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
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/fegulatory provisions)
F1 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 ChapterJW-8'_.. D
Name Ordinance or Byla itation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
0 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
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.00v/eea/aoencies/m:assdep/abolut/contacts/)
and the property owner (if different from the applicant).
Signatures: /
----
..........
. ................... V
97bu -L-04
Z'
Date
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Massachusetts Department of Environmental Protection
LABureau of Resource Protection - Wetlands
W -PA 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 httc)://www.mass.aov/eea/agencies/massdiep/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 CM R 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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