The URL can be used to link to this page

Home My WebLink About- Permits - 60 LEANNE DRIVE 9/25/2019 I CONSERVATION DEPARTMENT 1 Community Developmetmt Di-vision POSITIVE DETERIAINAT1ClN OF APPLICABILITY 60 Leanne Drive,North Andover At the September 25, 2019 public hearing,the North Andover Conservation Commission(NACC)voted to issue a Positive Determination of Applicability( 3 and 5)for the proposed replacement of an existing retaining wall at 60 Leanne Drive. record information includes: Applicants: James Bresnahan 144 Berkeley Street Lawrence,MA 01841 Owner: Gennadiy Mayko and Natalia Maiko 60 Leanne Drive North Andover, MA 01845 i Representative: Williams& Sparages I.LC Thorsen Akerley 189 North Main Street, Suite 101 Middleton,MA 01949 Record Documents: Request for Determination of Applicability Form 1 and supporting materials,submitted: August 28,2019 Including: Site Plan, USGS Locus Map, FEMA Map,Project Narrative,BVW Delineation Field Data Form,Notification to Abutters. 1 Record flan: Title: Plan to Accompany Request for Determination of Applicability in North Andover, MA, 60 Leanne Drive, scale 1"=10' Prepared by: Williams& Sparages LLC Date: August 21,2019 Stamped by: Richard L Williams, P.E. Positive Determination: At time September 25, 2019 hearing,the NACC issued a Positive Determination based on the scope of work,the possibility of construction vehicles entering time 50' No-Build zone to access time retaining wall, and the lack of"detail 1 concerning the proposed retaining wall cross section and construction entrance(construction vehicles, documented permission from neighbors to access the site through their backyard, etc.). Given the complexity of the project and the numerous conditions that would be required, a Positive Determination requiring a Notice of Intent filing under the Wetlands Protection Act(WPA) and North Andover Wetlands Protection Bylaw(Bylaw) is required. 120 Main Street,North Andover,"Massachusetts 01845 Phone 978.688.95.30 Fax 978.688.9542 Web:htA:1)://Nv\vw.rnorthaL7dover.go-. 4 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 A. General Information._. Important: When filling out From: forms on the Town of North Andover t computer, use only the tab Conservation Commission i Ivey to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the James Bresnahan i return key. name blame 144 Berkeley Street VQMailing Address Mailing Address Lawrence MA 01841 1 Cityrrown State. Zip code City/Town State Zip code ra�avr 1. Title and Date (or Revised Date if applicable) of Final Plans and father Documents: Plan to Accompany a Request for Determination of Applicability in North 08-26-19 Andover, MA#60 Leanne Drive prepared by Williams & Sparages Date Title Date ._..._.._._._. Title Date 2. Date Request Filed: August 28, 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): i Construction of a new retaining wall within a similar footprint to the existing retaining wall within 100 foot Buffer Zone to Bordering 1/eg tatecl Wetland. j i Project.Location: 60 Leanne Drive North Andover Street Address Cityrrown 37D 48 Assessors Map/Plat Number Parcel/Lot Number Nvpaforrn2,doc•Determ oalion of Applicability•rev.12114 Page 1 of 5 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WP -A Form 2 Determination of Applicability assachusetts 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. 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. 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. E] 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 ANIRAD 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: North Andover Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chapter 190 Name Ordinance or Bylaw Citation wpatorm2.doc-Determination of Applicability-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.) 171 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: .......... ......... ....................... E] 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. F-1 Alternatives limited to the original parcel on which the project is located, the subd�ivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. F] 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. F1 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). F] 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. mtpaformldoc-DeterOnation of Applicabifity-rev.12/14 Page 3 of 5 4 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 1 B. Determination (cont.) [J 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) - —--------- El 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 I qO Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: El by hand delivery on by certified mail, return receipt requested on gate 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 httt)�://www.mass.00v/eea/agencies/massdgp�/��about/qontacts/) and the property owner(if different from the applicant). Signatures: I Date wpaform2.doc-DelLrminaVon of Applicability•rev,12/14 Page 4 of 5 4 LIMassachusetts 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://,www.mass.gov/eea/aqencies/massdet)/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 Wetland's Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Nvpaforrn2.doc-Determination of Applicability-rev.112114 Page 5 of 5