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Home My WebLink About- Permits - 34 THISTLE ROAD 6/10/2020 s CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS ADRESS: 34 Thistle Road At the June 10, 2020 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability #3 for work proposed at 34 Thistle Road. The work includes expanding an existing deck with stairs in the 100' buffer zone,but outside of the 50' No- Build zone. The existing deck is 200 s.f. and will be expanded to roughly 458 s.f. The closest corner of the expanded deck will be 56 feet from the bordering vegetated wetland to the north and west. There is an isolated wetland to the south,which has been characterized as a vernal pool under past Small Project Permit. Work is outside 50' NDZ and 75' NBZ to this vernal pool. The deck will receive a mounted grill and stone counter for outdoor cooking. New deck footings will consist of 5 new 24" footings. The project will conform to the fallowing: Applicant/Homeowner: Christopher Ham 34 Thistle Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,narrative and supporting materials, submitted: May 28, 2020 Record Plan: Title: C--1 Site Plan Deck Addition- May 27, 2020 A-1 Floor Plan- May 27, 2020 SPECIAL CONDITIONS: 1. Prior to work the plan shall be updated to reflect construction access and stockpile area. 2. Prior to work erosion controls shall be installed and observed by Conservation Department. i 3. Souls to be taken off site. 4. A post construction site inspection shall be scheduled with the the Conservation Department 1 to verify compliance. 120 Mein Street,North 1 �elracre�ra I4�,tss�clntisetts� 01845 Phone 978.688.9530 F'ax 978.688.9542 Web; lit tp://,,vNv v.north aaadover,gov 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability LLI 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 only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Christopher„Ham return key. Name Name 34 Thistle Road ' Mailing Address Mailing Address -North Andover MA 01845 Cityrrown State Zip Cade City IT own state Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: C-1 Site Plan Deck Addition 05-27-20 TklW_ Date A-1 Floor Plan Deck Addition 05-27-20 Title Date Title Date 2. Date Request Filed: May 28 2020 ... ............. 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): Expand existing 200 s.f. rear deck to measure approximately 458 s.f.with stairs located within 100- Foot Buffer Zone to BVW, New deck will be constructed within lawn, and will be 56 feet from edge of wetland, and outside the vernal pool No Disturb Zone. Five new 24"diameter footings will be installed to support.the new deck dimentions. .. .............. .......... Project Location: 34 Thistle Road North Andover Street Address City[rown Lot 313 Assessors Map/P_IatNum6er Parcel/Lot Number wpaform2 doc W Determination of AppWabilAy-rev.5/18/2020 Page 1 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 (cunt.) 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). ❑ 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 fling 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. ❑ 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 wpafotrn2.doe•Determination of Applicability•rev.51i8t M) Page 2 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.) ❑ 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: ❑ 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): ❑ Alteratives 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. ❑ 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 tiling 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 work the plan shall be updated to reflect construction access and stockpile area. 2. Prior to work erosion controls shall be installed and observed by Conservation Dept. 3. Soils to be taken off site. 4.A post constrution site inspection shall be scheduled with the the Cons. Dept.to verify compliance. ❑ 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. tvpaformIdoe•Determination of Applicability•rev,5/1WO20 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.) El 5. The area described in the Request is subject to protection Linder 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: 14'arneor-municipa-lity .............. ........------ Pursuant to a municipal wetlands ordinance or bylaw. ame Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 0 by certified mail, return receipt requested on ............... -Jun' "'e 16, 2020 r3ate 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 I I the appropriate DEP Regional Office(see I 12s-// w�Ma-' r� jqp[vwce-detafls/n assdep-- lonal�offices-- �y-g(L R!"r I=- —-.-S -.-1-1111-- -- .,r (riql[Igity) and the property owner(if different from the applicant). June 10, 2020 wpafoffn2 doc«Determinabon of Applicability-rev.5/18M20 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 C. Authorization (cont.) "Signed by Amy R. Maxner, Conservation Administrator, as authorized by the North Andover Conservation Commission -see N.E.R.D. Book: 16327 Page: 22 Signatures: ....... Amy R. Maxner, Conservation Administrator Si nature Printed Name Louis Napoli Signature —------- Printed.Name Albert Manzi, Jr. Signature -Printed Name .......... Si Joseph__Rh_'�y'Ich re Printed Name Deborah Feltovic Signature -P� rinted Name Sean McDonough__ Signature Printed Name _�jj� gnatLWe Printed Name . .. ....................... signature Printed'Narne 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 ggylqglyice-det,ails/mas,,xde!l�- .I�gqionaj-orfiices�y- gmo"Kini 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 CIVIR 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/shie 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. wpaforrn2.doc•Determination of Applicability,rev.5/18/2020 Page 5 of 5