HomeMy WebLinkAbout- Permits - 136 RALEIGH TAVERN LANE 9/9/2020 i
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE, #3 DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS NDITIONS & FINDINGS
ADRESS: 136 Raleigh Tavern Lane
At the September 9 2020 public hearing, the North Andover Conservation Commission(NACC)voted to
issue a Negative#3 Determination of Applicability for work proposed at 136 Raleigh Tavern Lane.The
work includes: proposed full depth removal of existing driveway and re-paving within the same
footprint,and after-the-fact permitting for a front entrance dry-laid patio-block walkway and granite
steps. Work to take place within 100-Foot Buffer Zone to bordering Vegetated Wetland and Isolated
Vegetated Wetland. Existing driveway is +/-14 feet from these wetlands and the walkway retaining
boulder on the Wetland A Series side is 44 feet from WF A5. The Commission finds that the house was
constructed in 1970 and therefore pre-dates the North Andover Bylaw and Regulations and therefore
these features are grandfathered in-kind replacement of existing conditions pre-dating local regulations.
The project will conform to the following:
Applicant,/Homeowner: Perry Sparrow
136 Raleigh Tavern Lane
North Andover,MA 01845 j
Representative: Robert Prokop of Wetland Consulting Services
Record Documents: Request for Determination of Applicability Form 1,narrative and
supporting materials,submitted:August 26,2020
Record Plan..: Figure 1.Revised Sketch Plan(aerial map),dated September 8,2020
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SPECIAL CONDITIONS:
1. Prior to construction additional erosion controls shall be installed at the IVW edge of the driveway.
2. Schedule a pre-construction meeting with the Conervation staff,applicant,contractor to review scope
of work and erosion control install.
3, A surveyed as-built plan shall be submitted to the Conservation Department once the project is
complete.
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4. A post construction meeting shall be scheduled.
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5.Wetlandd posts and markers shall be maintained in perpetuity.
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1241 Main Street,North.Andover,Massachusetts 01845 j
Phone 978.688.9530 Fax 97&688.9542
Web:http://wxv%v.northandover.gov
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L11Massachusetts Department of Environmental Protection
ureau 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 -Conns"e"r r r v""atio"n Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Perry Sparrow ...........
return key. Name Name
136 Raleigh Tavern Lane
VQ Mailing Address Mailing Address
North Andover MA 01845
_�t_a -Zip Code cit�T�n CityTrown State State Zip Code
1. Title and Date (or Revised Date if applicable) of Final P'lans and Other Documents:
Figure 1. Revised Sketch Plan (aerial map) 09-08-20
Title Date
Wetland Consu"n Services_Re art and attachments 08-24-20
Title Date
Bp application 08-26-20
Title Date,
2. Date Request Filed:
August 26, 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):
After the fact permitting for a front entrance dry patio-block walkway and granite stairs and proposed
full depth, removal of existing driveway and repaving within the same footprint. Work to take place
within the 1 00-Foot Buffer Zone to Bordering Vegetated Wetland. *See Attached Findings and Special
Conditions.*
Project Location:
136 Raleigh Tavern Lane North Andover
Street Address City/Town
Map 107A Lot 18 --------------Assessors Map/Plat Number Parcel/Lot Number
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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
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 filing 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
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Massachusetts Department of Environmental Protection
ILIBureau 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 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):
❑ Alternatives 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 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).
1.Install additonal erosion controls at the IVW edge of the driveway. 2. Schedule a pre-
construction meeting with the Conervation staff, applicant, contractor to review scope of work and
erosion control install. 3. A surveyed as-built plan shall be submitted once the project is complete.
4. A post construction meeting shall be scheduled. 5. Maintain wetland posts and markers.
❑ 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.
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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.)
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
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regUlatory provisions)
171 6. The area and/or 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:
El by hand delivery on by certified mail, return receipt requested on
Sept 'm"bier 1'5, 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 hftps,//www,mass,gov/service-detai Is/massdep-regional-offices-
by-community) and the property owner(if different from the applicant).
September', 2020
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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
C. Authorization (cont.)
Signed by Amy R. Maxner, Conservation Adminiinstrator 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, Chair
Signature Printed Name
Albert Manzi, Jr., Vice Chair
Signature Printed Name
S John Mabon
Signature Printed Name
Joseph Lynch
Signature Printed Name
Sean McDonough
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 h tt ps:/Iwww.mass,gov/sery ice-deta i I s/m assd'ep-re gTon a LII-_off ice s-by-
coMM, unity)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 CMIR 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.
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