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Home My WebLink About- Permits - 190 MILL ROAD 10/28/2020 f I C S") V DEPARTMENT NEGATIVE �#3 DET I�TVIINATION OF APPLICABILIn� SPECIAL CONDITIONS & F D ADDRESS.-,Y Bess: 9 Mill Read. At the October 28, 2020 public,hearing, the North,Andover Conservation Commission, N C voted to issue a Negative #3 Determination of A icabillry With conditioiisfor work proposed,at 190,Mill Road. The work includes.- Expansion of an existingr v ay with a 570 s.f'. gravel area teat w tart perpendicular to,Wetland Flag 5A and extend to be flesh with the rear of the house. Width o, stone re will be between 10-12feet,maximum. Work to take place within 1,00-Foot Buffer Zone to Borderi'lIg'Ve getatedWetland t 37 feet from th at its closest poirit. After due discussion,and, consideration, the Commission.determined that, ter plan revisions and suppleinental narrative submitted, the applicant inet the.. r per Bylaw Regulations tions Section 2.0 showing n -ter viable t rnati e " g the grawel area.out-side the ' N Z, and therefore, tfle proposed, gravelexpansion did,not require a waiver. Applicant/Homeowner: Stephen O'Leary 90 Mill Toad North Andover, MA 01845 Representative: Norse Environmental Services Inc. cor c e ts: Request for T tee mm' tion of Applicability Forml,narrative and supporting materials,,sub . tte : September 10, 2,020 Recur Pay Existing tin Conditions Plan 190 Mill Road,prepared.by Andover Consultants, signed/stamped by,Peter odwin, scale 1"-20 further annotated,by Norse, Environmental. p e al 1s,subject to compliance with the following bpecialConditions: area to be restored to lawn shall be backfilled withclean fill ai-id clean loam, n immediately stabilized with WiOnter Rye and covered witli a layer of straw biodegradable e eros i on control Mai-Lk t. The Conservation Tie artme t shall be,notified upon completion of these tasks. 120 Main,Street,North.Andover,Massachusetts 1 Phone 978.688.,9530 Fax 978.688.9542 -ie,ir removal is approved by the Conservation Erosion con.ftols shall be maintained until tl Departi,nent., 41 3. A post-construction s,ite ,inspection shall,be scheduled with the Conservation Department once all work is compl verify conipHance. existin,g h in in in lace and replaceld as necessai-Y M*wet-land markeir!s s all be ma' tao' eld p Perpetuity. NEGATIVE#3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS&HNI)INGS ADDRESS: 190 Mill.Road Page 2 of 2 1,20,Alain Street,North.Andover,Allassachusetts, 018,45 Ph,one 978.688.,9530 Fax 978.688.9542 \X/el):littp-.//NvwNNr.nortliatidover,.,gov 4 Massachusetts Department ofEnvironmentall Protection, Bureau of' Resource Protection -Wetlands Determinatio I icabililty 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 it different from applicant): your cursor- do,not use the Stephen O'Leary return key. Name Name, 190 Mill Road ailing Address Mailing Address, North Andover MA 01845 City[Town State Zip,Code City/Town State Zip Code MWA 1 Title and Date (or Revised Date if apip lira bl�e) of Final Plans and Other Documents: Existing Conditions Plan 190 Mill Road, prepared by Andover Consultants, signed/stamped by Peter Goodwin) sica,le V=20 further annotated.-Py............. Date ....................................-',.............................................................................................. .........................Norse Environmental on, October 20, 2020 Title Date Letter pre par)d by Norse Environmental detailing annotated plan changes 10-2�0-20 .... ............ mn Title, Date 2. Date 1 t Filed- 0,9-10-20 B. Determination Pursuant to the authority of M.G.L., c., 131, §40, the Conservation Commission consi r '. your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Expand existing driveway with a —570 si.f. gravel area that will start,perpendicular to WetlandFlag 5A and extend to be flush wi'th the rear of thie house. Width of stone area will be between 10-12 feet., World.to taker place,within I 00-F Bluffer Zone,to Bordering Vegetated Wetland. .......... ............... Pr "ect.Location: Oil 190 Mill Road North Andover Street Address, City/Town Map, 170A Lot 64 .........mmry Assessors Map/'Plat Number, Parcel/Lot Number waform2.dioc Determination of Applicability-rev.5118/2020 Page I of 5 4 Massachusetts, Department of' Env*wonmental Protection Bureau of Resource Protection - Wetlands WPA A*Form 2 — Determination Ot ApplIcability assachusletts Wetlands Protection Act M.G.L. c. 131 1, §40 B. Determination (cont.) The following Determina,tion(s) is ire licable 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 fin al Order of' Gonditions, (issued following submittal of a Notice of Intent or Abbreviated Not�ice of Intent)or,Order of Res ourceArad, Delineation (issued following submittal of Simpliffied Review ANRAD)has been received from the issuing authority (Le., Conservation Commission or the Department of Environmental, Protection). El 1. 'The area.described on the referenced plan(s),is,an area subject to,protection under the Act. Rem oving,1 filling, dredging,or altering of the area requires the filing oft Notice ofIntent. 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, rare ed 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 whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ............ El & 'The work,described on referenced plan(s) and document(s) i's within an area subject to protection under the Act and will remove, fill,, dredge, oir alter that,area. Therefore, said work re,quires 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 limit edtug the, Buffer Zone). El 5. The area and/or work described on, referenced plan(s), and'documient(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 wpaformldoc-Determination of'Applicability rev,51/1,812020 Page 2 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA AP Alk Determination 01 Applicability Massac ruse is Wetla nd s P rotlection Act M.G.L. c. 131, §40 B. Determination (cont.) El not 6. The following area and/or work if any is subject to a MUnicipal ordinance or bylaw but, 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 docu men,t(s), which includes all or plait of the work described in the Request,, the applicant must consider the following alternatives., (Refer to the wetland regulations at 1 O.,518(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. E] Alternatives extend to any sites which cain 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, p *ect unless the Department falls,to act on, such request within 35 days of the date the roi 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. El 1. The area described in the Request is not an area subject to protection under the Act or thin Buffer Zone. EJ 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 la Notice of Intent., 3. The,work described in the Request is within the Buffer Zone, as defined in, the regulations, but will not alter are 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. Clean fill to,restore area,, immeidately sitablize with Winter Rya and straw/biodegradable, blanket. 2- Maintain erosion controls and removal only upon Conservation staff approval. 3. Post construction ins ectlon to verify compliance. 4. Wetland markers to be maintained. El 4. The work described in the Request is not within, an Area subject to protection undier the Act (including the Bluffer 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. Nvpa,for m2,d,oc Determination of Applicability-rev.5/1812020 Page 3 of 5 4 Massachusetts Department of Envitonmental Protection Bureau of Resource Protection - Wetlands OR AIL WPA ► li cability �I M sachusetts, Wetlands Protection Act M.G.L. c., 131, §4O as B, Determi n ation (cont.) El 5. The,area described in the Request is,subject to protection under the Act. Since the work described thierei'n mleets the requirements,for the following exemption, as specified in the Act and the regulations! no Notice of Intent is required: Exempt Activity it applicable statuatory/regula for y provisions) 6. The,area and/or work describled in the Request, i's not,subject to review,and approval, by: Name of Municipality Pursuant to a municipal wet'lands,ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issue o,the applicant and delivered as,follows: EJ by hand delivery on by certified mail, return, receipt requ ested on November 2, 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-Ilwww.mas,s.go,v/service-details/mas,s,dep-re qional-olffices- by-comm u!jt) and the property owner, if different from the,applicant). wp ,fbr -Determination of'Applicabildy-rev.5/1812020 lag f 5 4 Massachusetts Departmen, ronmental Protection Bureau of' Resource Protection -'Wetlands Determwination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (coat.) ,Signed' by Amy R., Maxner, Conservation Administrator as authorized by the North Andover Conservation Commission see N.E.R.D. Book: 16327I n��. Sig natu res, AMY R. Maxner, Conservation Administrator Signature Printed'Name Albert,Manzi, Jr. -Vice Chair .................................... Signature Printed Name Sean McDonough Signature Printed Name John Mabon Signature Printed,Name ............... Joseph Lynch Signature! Printed Name 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-d'etaiI,,s/m, assdep-re gion al-offic commun[ty) to issue a Superseding Determination of App,lira bflit y. The request ust 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 Fey Transimittal, Form) as, provide in 310 CMR 10.03(7) within ten business days fromi the date of issuance of'this Determination. A copy of the request,shall at the same time be sent by certified mail or hand dielwary to the Conservation Commission and to the a li ant 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 niot on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection on has no,appellate jurisdiction., Nvpaform2,doc-Determination of Applicability-rev.5118/2020 Page 5 of',5