HomeMy WebLinkAbout- Permits - 422 WAVERLY ROAD 8/12/2020 VIM
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
422 Waverly Road, North Andover
At the August 12,2020 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative
Determination of Applicability#3 for work proposed at 422 Waverly Road. The work includes constructing a 16'by 54' front
farmers porch over 50 feet from Bordering Vegetated Wetlands (BV —not to come closer to the wetland than the right
edge of the existing house. The porch will be supported by four helical steel piers spun into the ground 48". The applicant is
also renovating the interior of the home and adding second story shed dormer and two small front dormers to the house (no
ground disturbance for this work). The project will conform to the following:
Applicant: Katrina M.Jensen
422 Waverly Road
North Andover,MA 01845
Record Documents: Request for Detern-dnation of Applicability Form 1 and supporting materials, submitted:July
30,2020
Including: USGS Locus Map,Riverfront Map,Topography Map,NHESP Map,
FE PJA Map,Plot Plan, Site Photographs,Notification to Abutters,Abutters List
Prepared by: Merrimac Engineering Services
Date:July 27,2020
Record Plan: Tide;Plan of Land—422 Waverly Road
Prepared by: Merrimac Engineering Services, signed and stamped Stephen Stapinski
Last Revised:Jul),21,2020
SPECIAL CONDITIONS:
1. The Plan of Land shall be revised to depict the existing generator located at the right front corner of the house,
2. Prior to work, erosion controls (entrenched silt fence) shall be installed between the farmers porch and the wetland.
3. Prior to the start of work,the applicant shall ensure that the site contractor has reviewed the Determination and is aware
of the-wetland resource area and the limits of the proposed work,
4. Once erosion controls are in place and prior to the start of work,the applicant shall arrange a preconsttuction meeting at
the site with the Conservation Department.
5. Upon completion of the approved project,please contact the Conservation Department for a final inspection to approve
erosion control removal.
120 Alain Street,North Andover,Massachusetts 01845
Phone 978.688,9530 Fax 978,688.9542
Web:http://,,vNv%v.iiortliandover.gov
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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
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 Katrina M. Jensen
return key. Name Name
422 Waverly Road
Q Mailing Address Mailing Address
North Andover MA 01845
City/Town State -Zip Code Cityrrown State —Z-ip Code
tram
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Land -422 Waverly Road prepared by Merrimack Engineering .7/21/2020
Services bate -
Title Date
Title Date
2. Date Request Filed:
7/30/2020
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):
Constructing a 16' by 54"front farmers porch outside of the 50' No-Build zone. The porch will be
supported by four helical steel piers spun into the ground 48". The applicant is also renovating the interior
of the home and adding a second story shed dormer and'two small front dormers to the house (no ground
disturbance for this work).
.......................................
Project Location:
422yyavqrly_Road North Andover
Street Address City/Town
Map 22 Lot 95
Assessors MaplPlat Number Parcel/Lot Number
wparerro7doc Determin0ion of Applicabdity-rev,5118/2020 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability WM.G.L.Massachusetts Wetlands Protection Act M.G. c. 131, §40
ILI
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 AN:RAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
0 1. The area described on the referenced plans)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.
❑ 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:
.Nam.e of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
...................
Name ordinance or Bylaw Citation
wpaform2.doc-Determination of Applicability-rev.5118/2020 Page 2 of 5
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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.)
El' 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] 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):
n Alternatives limited to the lot on which the project is located.
Fl 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.
1771 Alternatives lim,ited 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.
171 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 falls 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.
F1 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.
Z 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).
**See Attached Special Conditions**-,.-.
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.
vdpaform2.doc-Determination of Applicability-rev.5118/2020 Page 3 of 5
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LeiMassachusetts 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 a;pp7ficable statuatory/regulatory provisions)
F1 6. The area and/or work described in the Request is not subject to review and approval by:
ame of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
El by hand delivery on H by certified mail, return receipt requested on
August 17, 2020 .........
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,https:l/www.rrias_!!!L.gov/servi�,ce-detaiIs/massdep-reqion,al�-offices-
by-communit ) and the property owner(if different from the applicant).
August 17.
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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
ILI
C. Authorization (cont.)
**Signed by Amy Maxner, Conservation Administrator, as authorized by the North Andover
Conservation Commission -See N.E.R,D. Book: 16327 Page: 22
Signature
Amy lVlaxner, Conservation Administrator
Signature Printed Name
.............
Signature Printed Name
Louis. oli, Chairman
- -, - ---- -- .. .................
Signature Printed Name
Albert Manzi, Jr., Vice Chair
Signature Printed Name
John abon
Signature Printed Name
Deborah Feltovic
Signature Printed Name
Signature Printed Name
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 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 https.//www,mass.,,qov/service,-details/massdep-reqional-offices-Iby-
community)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 1 O�.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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