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Home My WebLink About- Permits - 268 RALEIGH TAVERN LANE 11/20/2019 i i 1 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 268 Raleigh Tavern Lane, North Andover The North Andover Conservation Commission (N.ACC) held the public hearing at its August 28, 2019, October 23, 2019 and November 20,2019 meetings, and voted to issue a Negative #3 Determination of Applicability (DOA) for proposed work at 268 Raleigh Tavern Lane. The work includes demolishing an existing deck and associated footings and patio, and constructing a new larger deck,with the most rear section to be 28''xl2' and section closest to house to be 16'x23'. The work is within lawn area within the 100-Foot Buffer Zone to Bordering Vegetated Wetland but entirely outside the 50T-Foot No Build Zone. The Commission gathered documentation to verify, and did confirm, that the existing play area/structures and fence were lawfully located within the 25' No Disturb Lone as the play structure pre-dated the North Andover Wetland Protection Regulations and their associated 25' NDZ and 50'NBZ, and that the existing fence vas previously reviewed by the Commission and allowed to remain, The project subject to this Negative #3 DOA will conform to the following: Applicant/Homeowner: George Atallah 268 Raleigh Tavern Lane North Andover,M.A 01845 Record Docutnents: Request for Determination of Applicability Farm 1 and supporting materials, submitted: August 15,2019 Including: USGS Locus lv ap/Riverfront Map, NHESP Map, j Proposed Plan (later revised see below),Notification to.Abutters,Abutters List Prepared by: George Atallah and Jonathon Grasso Date:August 1,2019 Project Narrative Dated: August August 28, 2019 Record Plan: Title: Site Plan 268 Raleigh Tavern Lane Prepared by: Waypoint Surveying Services Last Revised: October 14,2019 i SPECIAL CONDITIONS: 1. Prior to construction, erosion controls shall be installed per the approved plan and the Conservation Department shall inspect for proper installation. 2. A post-construction site inspection shall be held with the Conservation.Department to verify compliance with the approved plan. I 120 Main Street,Nortla lkndowr,Massachusetts usetts 01845 Phone 9713.658.9530 Fax 978,688,9542 NVel):littp://%vav\%r,nortli,,iiido%,er.gov i i 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. 13,1, §40 A. General Information Important: When filling out From: forms on the 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 George Atallah return key. Name Name 268 Raleigh Tavern Lane ras -Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code Cityfrown State Zip Code I Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Plan 268 Raleigh Tavern Lane by Waypoint Surveying Services October 14, 2019 signed and stamped by David Alves scale I"=20' Date .Project Narrative by Grasso Construction Co., Inc. August 28, 2019 Title Date Title Date 2. Date Request Filed: August 15, 2019 13. 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): Demolish and remove existing wood deck, footings/foundations and patio area at rear of house. Construct a new Ilarger deck- most rear section to be 28'xl 2' and section closest to house to be 16'x23'. New deck will be constructed within the 1 00-Foot Buffer Zone to Bordering Vegetated Wetland outside the NACC 50-Foot No Build Zone. .............. .............. .......... .................. ................... Project Location: 268 Raleigh Tavern Lane North Andover Street Address City/Town Map 106 C Lot 109 Assessors MaptPlat Number ParcellLot Number wpaform1doc-Determination of ApplicabiRy-rev.12114 Page I 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(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. ❑ 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, ............................ ....... ........................ ❑ 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. El 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: Name Ordinance or Bylaw Citation vipaform2.doc-Determination of Applicability•rev.12/14 Page 2 of 5 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 B. Determination (cont.) F1 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-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): E] 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. 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. F] 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. F-1 2. The work described in the Request is within an area subject to protection sunder 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). 1. Prior to construction, erosion co�ntrods shall be installed per the approved plan and the Conservation Department shall inspect for proper install. 2. A post-construction site inspection shall be held with the Conservation Department to verify compliance with the approved pjan. 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. NYpaform2.dDG=Determination ofAppllrability-rev.12114 Page 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 B. Determination (co�nt.) 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: '9xem�pt ��Uvity(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 _C"a tie,L190 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 1'71- - 9 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 httg://www,mass.gov/eea/a,qenc'ies/massdep/about/contacts/) and the property owner(if different from the applicant). Signatures: Date wpatorm2.doc-Determination of Applicability-rev.12/114 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability LI I 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 littp://www.mass.govleea/agencies/massdep/albout/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