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Home My WebLink About- Permits - 548 SOUTH BRADFORD STREET 8/12/2020 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMIINXI'TON OF APPLICABILITY l SPECIAL CONDITIONS 548 South. Bradford Street, North Andover At the August 12, 2020 public hearing, the North.Andover. Conservation Commission (NACC) voted to issue a Negative Determination on of Applicability #3 for work proposed at 548 South Bradford.Street. The work includes extension of an existing 2'-3' high boulder retaining wall within the existing lawn area and extension of fencing to encompass the gear yard. The closest section of the retaining wall is approximately 70' from Bordering Vegetated Wetlands (B��. Regrading is also proposed within the existing lawn area in front of the new retaining wall. Activities outside of the 100' buffer:cone include demolition of an existing in-ground pool to be replaced by lawn, landscape beds next to the house,walkway rehabilitation, new stairs off of existing deck,new paver patio below deck, and small stone walls off of the northerly side of the house. The project will conform to the following: Applicant: Stephen and Heather Jay 548 South.Bradford. Street North tlndover,MA 01845 Representative: Rimmer Environmental Consulting,LLC Mary Rinu-ner 57 Boston.Road Newbury,IV1A 01951 i Record Documents: Request for. Determination of Applicability Fornz 1 and supporting materials, submitted:July 30, 2020 Including: USGS Locus Map,Riverfront Map,Topography Map,NHESP Map, FETVUt Map,Plot Plan,Wetland Delineation form,Notification to Abutters, Abutters List Prepared by: Rimmer Environmental Consulting, LLC 1 Date:July 27, 2020 Record Plan: Jay Residence 548 South Bradford Street North Andover Landscape & Grading Plan for Back Yard Prepared by: Dimmer Environmental Consulting,LLC Last Revised:July 27,2020 SPECIAL CONDITIONS: 1. Prior to the start of work, the applicant shall ensure that the site contractor has reviewed the Determination and is aware of dfe wetland resource area and the limits of the proposed work. 120 Main Street,North Andover,Massachusetts 01.845 Phone 978.688.9.530 Fax 978.688.9542 Web:http://,kvxv-,v.northandover.gov 2. Erasion controls (entrenched silt fence—bottom of fence to be fully entrenched below surface of ground) shall be installed as depicted on the site plan. 3. Once erasion controls are in place and prior to the start of work, the applicant shall arrange a preconstruction meeting at the site with the ConserN ation Department. i 4. Upon completion of the approved project,please contact the Conservation Department for a final inspection. 1 1 I i I 548 South B?ndford Stmet ATegalim##3 De#envihatiorr ofApplicabi#d,for rvtainhi mall exterrsr`orr,�errcirr rrra` r rir"rr Pcre 2 of i i t i I I i II i i 1 1 I �I I i i i I 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://,,vNv%v.tlorthandover.gov ,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 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 _Stephen and Heather Jay return key. Name Name 548 South Bradford Street VQ Mailing Address Mailing Address North Andover MA 01845 Cityrrown State Zip Code Cityfrown State Zip Code rr 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Jay Residence 548 South Bradford Street North Andover Landscape & 7127/2020 Grading r-Back.Yard --- Date ........... 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): Demolition of existing in-ground pool and patio to be replaced by lawn, landscape beds next to house, walkway rehabilitation, new stairs off of existing deck, new paver patio below deck, small stone walls off northerly end of house, all outside of the 100' buffer zone. Extension of an existing 2"-3' high boulder retaining wall within the existing lawn area and extension of fencing to encompass the rear yard in the 100' buffer zone. Grading also proposed within the existing lawn area. Alll work within the 100-Foot Buffer Zone is outside the NACC 50-Foot No Build Zone. Project Location: 548 South Bradford Street North Andover Street Address City[Town 104.0 159 Assessors MaplPlat Number Parcel/Lot Number" wpaform2.doc-DeterrnVnatlon of AppVcabitity-rev.5/1812020 Page 1 of 5 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.) 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). El 1. Thee 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. 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. F] 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). F] 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 wpaform2 doc•Determination of Applicability-rev.511812020 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.) [J 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 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 1 0.58(4)c. for more information about the scope of alternatives requirements): El Alternatives limited to the lot on which the project is located. 171 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, El 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 wilt 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). Pre construction inspection to observe installed erosion controls, post construction inspection to observe as built conditions and verify compliance with the site plan. **See Attached" 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. wpaform2 doe-Determination of AppTicabilty..rev,5/1 81202 0 Page 3 of 5 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 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 applicable statuatorylregulatory provisions) EJ 6. The area andlor work described in the Request is not subject to review and approval by: Name 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: 0 by hand delivery on Z by certified mail, return receipt requested on August 18, 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 httpsJ/www,mass,gov/service-detai Is/massdep-reg ional-offices- by-community) and the property owner(if different from the applicant). August 12, 2020 wpaformIdoc•Determination of,Applicability•rev.511812020 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 Signature Printed Name Signature Printed Name Louis Napoli, Chairman Signature Printed Name Albert Manzi, Jr. Vice Chair Signature Printed Name Deborah Feltovic Signature Printed Name John Mabon ....................... 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.gov/service-detaiIs/inassdiep-regional-offices-by- 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 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/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. wipaform2.doc Determination of Applicability-rev.6/18/2020 Page 5 of 5