The URL can be used to link to this page

Home My WebLink About- Permits - 502 WINTER STREET 6/24/2020 � Illlllll��iiiiiilllllllll��h d!!, rt CONSERVATION', DEPARTMENT w u Sloltl NEGATIV A_'. D "`1' 1WJNA 1 11ONOF APPLIC.BIMITY SPECIAL CONDITIONS & FINDINGS .fit � n , 2 ,2 pubh �earil"g, n North Andover Conservation,Con-unissio. NACC voted issue a Negative e ri n f Applicability 3 for work proposed at 502 Winter Street. The,work includes: No,waivers,s ght from.the,25" DZ or 5 ' BZ,loweriI ng a bum n grade, at therear ofthe house se at thebass of deck s airis to installa pervious pause patio wit low landscape wall and granite steps- all outside the 50' NBZI,. Removal. of a forsythia hedge and.two,failing maple tease and replace with other native planmaterials. Plantings all outside the 25 Z -nativewithin ' f the w,etliandand non-inva.sive ornamental, beyond the 5 ' closer to thehouse,in landscape 'beds. The rear section of the fence is to receive, gate to access, -the plantings nd bird feeders., Construction access and stockpile areas are, shown on the plan off the end. of the driveway. Project plans note that wetland flags to remain in place during work. The project ill conform,to the following,*. Appl icant/Homeowner,: Gregory Koch &Susan Niemeiler 502 Winter Street North Andover, MA 01845 Record Doeuments., Request for Determination of Applicability Form 1,narrative and supporting materials, submi'tted:June 11, 2020 Record Plans: S`te Flee ofLand "n North Andover Mass. 502 nee'Street" prepared y' °'fie Morin-Cameron Group, Inc.,cal '_20' dated June 9, 2020 (updated wetland delineation); _ ard.s ape Plan, Beset " aped by Downer Brothers, dated June 9, 2020, scale'l."'=10" "Planting Plan,Beset 2"' prepared by Downer Brothers, dated.June 9,2020,scale V/_1 ° ""Details, Beset 3"° prepared by Downer Brothers, dated June , 2020, scale as,noted. 120 Alain Street,North.A i r , ,c t t 01845, SPEICIJAL CONDITIONS: 1- Prior to work,erosion controls shall be installed per the approved plan., . Prior to work, the, applicantshall, moriu ent t e wetas ,th not less than five (5) wetland markers to be installed either on the fence or on ressure treated posts at the, edge o th 25-Foot No,Disturb Zone., Sall markers, are or sale t the C ser,v t, n, Department in Town all., I Prior to work, erosion controls and wetland markers shallbeinspected by Conservation Department staff .post-construct'I site inspectiori with Conservation Department staf hall be held t v ify comphance with the approved plan. erl 5. Dumping ofany kli s prohibited wit i thewetland and the 2,5' NDZ. Page 2 of 2 Massachusetts Depa,rtment 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 Irnportant: From'.- When filling out ,forms on the North Andover computer, use Conservation Commission only the tab key to move To* Applicant Property Owner,(if different from applicarit): your cursor- do not use the Gregory Koch &, Susan Niemeier return key. Name Name 502 Winter Street Mailing Address Mailing Address North Andover MA 01845 ..........--, I it own State Zip Code City./Town State Zip Code 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: See Attac hed' List of Approved Plans& Documents ............... Title Date Title Date, Title Date 2. Date Request.Filed: June 11,2020, B. Determination Pursuant to the authority of M.G.L., c. 1131, ,§40, the Con,,servatilon Comimission considered your Request for,Determination of Applicability,, with its supporting documientationY and made,the following Determination,. Project Description (ifs pplicable): Construction ofa pervious paver patio, granite steps,, low lands le wall and landscaping within.the 1 00-Foot Buffer Zone to Bordering Vegetated Wetland., ........................... ---------------------- .............. ......................... Project Location: 502 Winter Street North Andover Street Address CityfTown Map 104A Lot 78 .................................................................................................................................................................................,Assessors,Map/Plat Number Parcel'/Lot Number wpaform2.doo-Determination of'Applicability-1 rev.5118/2020 Page 1 of 5 Massachusetts Department,of EnvIronmental P,rotection Bureau, of Resource Protection -Wetlands WPA Form 2, — Determination of Applicabil ity assachusetts Wetland's Protection Act M.G.L. c. 131, §40 B. Determination (ciont.) The,following, let erm i nation(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 unt,il a final Order of Conditions (issued following submittal of a, Not,icle of intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation(,issued following submittal of Simplified Review Al D) has been received from the issuing authority(i.el.,Conservation Commission or the, Department of Environmental Protection)II. El 1. The area described on the referenced plani(s)is an area subject,to protection uniderthe Act. I Removing,,'filling, dredgiting, or alteding of the area,requires the filing,of a Notice ofintent. 2a. The boundary delineations of the following resource areas described on the ireferenced plan(s)are confirmed as accurate, Therefore!, the resource area boundaries confirmed in this Determination are binding as to a,ll decisions rendered pursuant to,the Wetlands, Protection Act and its regulations regarding such boundaries for,as long as this Determination is valid. ................. ................................ F] 2b. The boundaries of'resiource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attaichedto 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 mill remove, rem , fill, dredge, or alter that area. Therefore, said work requires the,filing ofa Notice of Intent. El, 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone crud wild Ater an Area subject to protection under the Act. Therefore, said mark requires the filing of a Notice of Intent or ANRAD Simplified Review if work,is limited to the Buffer Zone). El 5. The area and/or work described on referenced plan(s)and doicument(s) is subject to review and approval by- .......................... ...............-'--......................-.......................... Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw"'. .......... Name Ordlinance or Bylaw Citation wpaform2.doc-Determination of Applicability-rev 5/18,12020 Page 2 of 5 4 Massachusetts Department of Environmental' Protecton Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands, Protection Act M.G.L,. c. 131, §40 B. Determination (cont.) 0 6. the follow'ing area and/or work, if any, is subject to a municipal ordinance or bylaw but,not subject to the Massachusetts Wetlands Protection Act" ................. ............ 7. If a Notice of Intent is filed for the work in the Riverfront Area describied 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, 0 information about the scope of alternatives requirements)* El Alternatives limited to the lot on which the project is located. El Alternatives limitedto the!lot on which the project is located, the,subdivid�ed hots,, and any adjacent lots,formerly or presently owned by the same owner�. 0 Alternatives limited to the original parcel on,which th ,e project is located, the subdivided parcels I any adacent parcels, and any other land which can reasonably be,obtained within J the municipality. ® Alternatives,extend to any sites which can reasonably,be obtained within the appropriate region of the state. Ne,gative Determiln,ation Note: No further action under the Wetlands, Protection Act is required by the appli nt. However, if the Department is requested to issue a S,uiperseding, 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 oir 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 diefined 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 follow'ing conditions (ifa ray)_ I. Erosion control install prior to work. 2. W'etland marker install prior to work., 3. Pre-con,struction meeting with Cons. Dept. staff,., 4. la'ost-construciton meeting with Conant. Dept. staff. 5. No dumping in wetland or 25' N DZ. ..... ...... The wolrk.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 ofintent, unless and until said work,alters,an Area,subject to,protection under the Act. wpaforrn2,doc-DeterminOon of'Applicabifity-rev.5/18/2020 Page f 5 Massachusetts Depa,rtment, of Environmental Protection H Bureau of Resource Protections - Wetlands � . WPA Form 2 DeterminationApplicability Massachusetts Wetlands 'r teCti n Act M.G.L. c. 3 B. Determination (cont.,) 0 5 The a,re escribed' in the Request is subject,to protection under the Act. Since the work described therein meets the requirements for e following exemption, as specified in the Act and the regulations,, no Notice of Intent is required: Exempt , tivity(site applicable t to t ry r l t r r provisions) 6. The area am work es rlbe in the Request est is not&uject to review and approval b Name of Municipality Pursuant to a municipal wetlands r inance or bylaw. Name Ordinance or, la Citation C. Authorization This,Determinationis issued to the applicant and delivered as follows: El by hand delivery can by certified mail, return receipt requested n June 29,2020 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation. Management Plans, hich are gelid 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, b lao sp or regulat,ions. i This Determination, must be signed by a majority of the Conservation Commission. A copy must be sent to the ro ri t 1 Regional Office(see htt s: w m ss. o service-details rn s --regional-offices- t b - m munit and the r ' rt owner(if different nt from the applicant). t wpafor(n2, -Determination of Applicability-rear.5/1,812020 Page 4 f 4 Massachusetts Departmmt of Environmental Protection Bureau of' Resource Protection - Wetlands WPA Form 2 — Determination is flty Massachusetts Wetlands Protection Act M.G.L., c. 131, §4O G. Authorization (cont.) "Signed by Amy,R. Maxner, Conservation Adminins,trator on behalf of the North Andover Conservation Commission Pursuant to its Mat ch ,27, 2020 and June,243 2020 votes. See N.E.R.D. Book: 16327 Page, 24 ..... ........ ...... Signatures* Amy R. Maxner, Conservailon Administrator .... ........ --".......... Signature print .....N'a m"e...................................... ...... ..................... Signature Printed Name Louis Napoli, ,Signature Printed Name Albert Manzi, Jr. Signature Printed Name ................... Joseph, Lynch Signature Printed Name Sean McDonough Signature Printed Name Deborah F'eltovic Signature Printed Name ,John Mabon Signature, Printed Name 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 donel or any ten residents of the city or town in which such land is located, are, hereby,notifiedof their right to request the appropriate Department of Environmental Protection Regional Office(see https:,//www.mass.gov/service!-d tai'I,S/m,assdep-re,gt'ona,]-offices community) to issue a Superseding Determination of Applicability. The,request must be made by certified m al*I 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 Cornmission and to the applicant if he/she, is not the appelliant. 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 EnvironmentalProtection has no,appellate Jurisdiction. NvPaforrn2.do c Determination of Applicabifity-riev.5/1812020 Page 5 of 5