HomeMy WebLinkAbout- Permits - 53 BEAR HILL ROAD 8/12/2020 r ,
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CONSERVATION DEPARTMENT
Comtnulu'q Development Division
At the August 12,20�20 publichearing, the orth At l lv Conservation Comm-li i n ACC,votedtoissue a Negative
Determination of,Applicability#3 �work r � t 53 Base �d.. h o includes,installing above-ground
'; « "' 1
of insiden opening in nexistingdeck its the and of the property. 1.ll l l i v this 50 rd r ng Vegetated
Wetlands (l3V\N'O an,d the n pool-%vifi be 5from M . The Coinn-iission granted a\\'IaiN,rer forwork in,the 5 No-Build
Zone,core i r n h h_ � � � « � ,
t t t �� 1 �� � . � �� 1����.lt�r�tl�.. .a�.�, 1� ����1 lcti��, tl�. ll 1 ��h
n the property ul l result in,niore i npact to the buffer zone. The,project will conform to the following.
53 Br Hill Road
North AndoNrer.,MA 01,845
I epresent-tive: Wetland Consulting g Set-vices,
o rt rokop
15 Bison Lane
Merrimac, NIA 0186,01
Record Documents: Request for D t r i.n tit f.Apphca ` « y�F rn-i I and supporting materials,,submitted:July
28)2020,
Including:N prative, US S I,ocus,Map,Riverfront Map,'Topography'Map,NHESP Map,
FENIA Map,Plot Plan,Site Photographs,Waiver Request t:m,Notificatioti t Abutters,
Abutters List
Preparcdby. Robert Pal
Record Plan: Title: Figure 2.Aerial Plan for 53 Bear Hill project prepared.by Wetland
COtISUItIng Services
Prepared by:Robert Prokop
Last Revised-.,,July 20, 20210
SPECIAL CONDITIONS:
I. The pool filter;,system shall onsi,st of a cartridgey1c,a 1 spccifi.cations for saes shall.be subri-itte l with the Building
Pert-nit(backwash system prohibitcd).
2. Prior r to k erosion controlsut.enched silt ri shall be installed along the n tr ti n access andl t ra ty off of
m
the southerly end ofthe existingdeck.
53 Bear Hill Road AT,gath)e#3 DOA— v mndp PaM "
2 lain Street,North,A,ndo ,,i\,fassaci,i ts
3. Once crosion controls,are in place and prior to the tit of work,'theapplicant sliall arran recotistruction n-ieeting at
the site with the n ry tion Department.
. Prior to tlie start of work, the a ppli cani shall ensure that the site cutitractor has revic 7e d t'he Determitriation atad..s aw
ofthe wet hand resource area and the ti oft he proposcd work.
5. All t r applicable pern-iits shallr before work rrun n .
M Atay pool drawdowiishall,be directed upgradient of the hottsewith iii lawn to in,axii-nize infiltration. Direct discharge Into
the wetland,'is prohibited.
. Upon coi-ripletion,of theapproved fi t,please contact the sen ati n Department for a final inspection t approve
erosion control removal.
53
Beat"Hill Road
ATe
Pa
of 2
12 1 I'ain Sheet,North Andover,,Massachusetts tts01845
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
P Form 2 eterm i nation of Applicability
Massachusetts Wetlands Protection Act M.G.L. c., 131, §4�O
A. General Information
Important:
When filling out From*
forms on the,
North Andover
computer,use
only the tab Conservation commission
keyto move
To* Applicant Property Owner(if'differentfrom applicant):
your cursor-
do not Use the Gina and Kevin Kenney
return key. Name, Name
53 Bear Hill Road
Mailing Address Mailing,Address
VQ
North Andover MA 01845
...............
City/Town State Zip Code City[Town, State Zip Code
I Title and Date (or Revised Date if applicable)of Final' Plans and Other Documents..
_f19yT 2, Plan of'p��ect,','p Itip Services 7/201/2020,�qpared by
........................................ ......................... ................... ................ ......................................................
Title Date
Title It
Title Date
2. Date Request Filed*
7/28/2020
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
Det,ermination.
Project Description it applicable):
Installation of an above-ground pool to be set inside an exist,ing opening in an existing deck. the
deck is,within 50'of Bordering Vegetated Wetlands (BVW) and the new pool will be 35'from BVW,., The
deck,has been, in pjacesince the house was built in the early 80's
Project Location:
53 Bear Hill Road North Andover
Street Address Cit n
M Lot 79 p 64
Assessors Map/Plat Number Parcel/Lot Numbler
wa,formZdoc-Determination of Appkabifity-rev.51181202 Page 1 of 5
4
Massachusetts Depa,rtment of Environmental Protection
Bureaus of Resource Protection - Wetlands
WPA Form 2 — Determination of Ac i
Massachusetts Wet.1a,nds Protection Act .G.L. c., 131,
B. Determination (coat.)
The following Det+ r in ti n(s) ins/are appilicable to the r " s site and/or r project relative to the Wetlands
Protection Act and regulations:
Positive eterr ination
Note: No work within theJurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal l f a,Notice f Intent or Abbreviated Notice,of Intent) r Order of
Resource Area Delineation is u,.0 f ll win u Truitt l of Simplified eview Al AD has been received
from the issuing authority(Le.,,Conservation Commission or the Department of Environmental Protection).
,. The area described on the referenced l n(s)is an area subject to protection under r the Act.
Removing,filling, dredging,or altering of'thearea requires the fifing of a Notice,of Intent.
EJ .The boundary delineations of the following resource areas described on the,referenced 1 s are
confirmed as accurate.Therefore,, the resource ar u boundaries confirmed in this Determination are
binding as to all decisions rendered cur u t to the Wetlands, r t ti n Act and its regulations regarding
u u ndari s for as,long as this Determination is gelid.
E] 2 . The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the i! ns attached to this Determination or,
to,the Request for Determi,nation.
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3. The work described on referenced pl n(s) and d cuu!ment s is within an area subject t
protection Fund r true Act crud will remove, fill, dredge,, or alter that area. Therefore, said work,
requires the,filing of a, hits of Intent.
El . The,work described on referenced plan anddocument(s) is within the Buffer Zone and will
alter, n Area,suojectto protection under the Act.Therefore, said work requires the filing of a,
Notice of Intent orANRAD Simplified 'Review if work is, limited to the Buffer Zone),.
El . The areaand/or work,described on referenced l n s and d cuument s is subject to review
and approval
.... ...
............ ..
Name f uni� i l t
Pursuant ant to the following municipal wetland ordinance or bylaw:
Name Ordinance.or Bylaw Citation
wpaform1doc Determination of Applicability-rep'.5118/20210 Page 2 of
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Massachusetts Department of Environmmtal Protection
Bureau of Resource Protecti et ands
MI
Determination of p !ty
WPA Form 2
Massay husetts 'Wet,laads Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
F-I 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:
....................... ............. ---—---------
El T. 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):
El, Alt e,r'natives limited to th Ilot on which the project is located.
E] 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 whichi the project is located, the subdivided
parcels, any adjacent parcels, and any otheir land wh�ich can reasonably be obtained within,
the municipality.
El Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of tine state.
Negative Determination
Note: No further action under the Wetlands, Protection Act is required by the applicant. However,, ifthe,
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 thi's document.
1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone,.
EJ 2. 'The work described in the Request is within ari area subject to protection under the Act,, but will
not remove, fillf dredge, or alter that area. Therefore, said work does not require the filling of a
Notice of Intent.
3. The work described in the Request is wit,hini the Buffer Zone, as defined in the reigulatio ins,, 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 it any).
**See Attached Special Conditions"
EJ 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.
%YPa(or M2.d,Oc Determination of Applicability-rev.5/1812020 Page 3 of 5
Massachusetts Department of Environmental Proteefion,
Bureau of Resource Protection -Wetlands
WPA
dq M,Form, 2 — Determination OT Applicability
Massachusetts Wetlands, Protection Act M.G.L. c. 131, §40
B. Determination (cont)
F] 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
I
the regulations, no Notice of Intent is required:
. ... ................................................................... ......-"..................................................... »,n m....�m.....�..n.�
Exempt Activity(site applicable statuatory/regulatory it
......................................................................... ...............
61. The area and/or work described in the Request Its not subject to review and approval by"
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or,Bylaw Citation
C. Authorizatio n
'Thi's Determination is issued to the applicant and delivered as follows:
by hand delivery on by certified rail, return receipt requested on
A TF 2020
Date Date
This Determination is valid fir 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 licant 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
�bj-community) and the property owner if different from the,applicant).
August IT 20,20
v forrnUor- Determination of Applicability-rev,5/18120.20 Page 4 of 5
4
Massach,usetts, 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
0
Authorization (clont.)
**Signed by Amy Maxner, Conserva tin Administrator, as authorized by the North Andover
Conservation Commission -See N.E.R.D. Book* 16327 Page* 22
Sig n tu e
Amy Maxner, Conservation Administrator
Sign ture Printed Name
Signature Printed Name
Louis Napoli, Chairman___,"",
,Signature Printed Name
Albert Manzi, Vice Chair
Signature Printed Name
,John Mabon
Signature Printed Name
Deborah Feltovic
................................................................"""..............................................
Signature Printed'Name
.............. ........................ ......................
Signature Printed Nam
Signature Printed Name
D. Appeals
The applicant,i owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to he done, or any ten residents of the city or town. in which such land is
(locatedt are hereby notified of their right to request the appropriate Department of En,viron meat al
Protection Regional Office (see,http,sJ'/WWw.mass.go,v/service-,deta,iiIl�is/trias,sdilille�p,������-,re iolnal-offices-bL-�
cornmugjjy) to issue a Superseding Determination of,Applicability. The request must be made by certified
m i1or,hand delivery to the Department,, with the appropriate filing, fee and Fee Transmittal Form (see,
a,
Request for Departmental Action Fee,Transmittal Form), as provided in 310 CIVIR 10.03(7)withi�n 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 tothe 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,Welt,lands,Protection Act or regulations,, the Department
of Environ mental Protectioln has no appellate jurisdiction.
w�patorm2.doc Determination of Applicability-rev 5118/2020 Page 5 of 5