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Home My WebLink About- Permits - 1592 SALEM STREET 10/14/2020 v r f I DEPARTMENT' Community e e -e WIS1011 POSI" 1VE # DEMIZA/lINXIJON OF APPLICABIL.ITY SPECIAL CONDITIONS & FINDINGS ADRESS: 1592 Salem Street At the October 14, 2020 public hearm* g, the North Andover Conservation�,ommission (NACU.')voted to issue,a Positive DetermI��a n of Applicabili 3 for work proposed a 592 Salem Sb-ee . The work includes: demolition of an existing l deck and removal of a small field stonePatio, off the side of the house. Proposed cons r . ti n of a 22'x22, garage addition, attached breezieway an ear deck. 'Deck to receive crushed stone underneath. Proposed r iv wad addition are off the entrance to the new ga,rage (portion withill. outer fills, of buffer zone and portion outside bufferzone). All r is,61'feet from thei BVW at Its closest point. After due discuss d consi cteran he C mi-iti ion deemed that the, r c required condftioning only ac hieved und # an Order of Conditions and voted to require .Notice of Intent be filled for thiese activities. Ap ificant/Homeowner-, Cynt-1-na Hopkins North Andover, MA 01845, Repr a eAndrew Po e - Daria,F. Pe-rkm' is, Inc. Documents Reviewed,-. Request for Defer�. tion of Applicabilityrm.1, narrative and supporting teri , submitted: 09-29-20, Flee reviewed: Proposed Sfte Flee Proposed Hotise Addition 1592 Salem Street- prepared Data F.Perkins, I . . igned/stamped by Andrew Pojasek, scale '"2 dated 1 131-20 120 Nfain Street NoIrtli Andover Massachu tt01845 Phone .6 . ,530, Ftax978.68,8.9542 4 Massachusetts Department of Env"ironmentall Protection Bureau of Resource Protection, - Wetlands WPA Form 2 ,--, Determination of Appincabill lit y Massachusetts Wetlands Protection Act M.G.L. c., 131, §40 General Information, Important* When filling out From* forms on thie North Andover computer, use only the tab Conservation Cornmission key to move To: Applicant Property Owner if different from applicant)". your cur it- do not use the C nthia Hopkins ........... return key., Name Name 592 Salem Street ............ ......... th Mailing Address Mailing Address North Andover MA, 01 845 City/Town State Zip Code City/Town State Zip,Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents, P 10 0 ropo ed s Site Plan Proposed House Addition 1592 Salem Street-p -13-repared 2 by Dana F.Perkins, Inc. Unied/sty m , sca,le T' 01 Dat_ped by Andrew P!?ja s =2 (z ........................... Title Date ........... .................. Title Date 2. Date Request Held* October 13, 2020 ........ .................... ...... B. DetermInation P ursuant t the thorit . . 'the,Conservation Commission considered your o auy of MG.,L c. 1�3 1, §401 Request for Determination of Applicability, with its supporting documentation, and made the following Determination., Project Description (If appllcable : Demolition of an existing small deck and removal of a small field stone patio off the side of the, house Proposed construction of a 22'x22,'garage,addition, attached breezeway and rear deck, Deck to receive crushed stone underneath Proposed driveway addition,to square oft'the entrance to the new garage (portion within outer limits,of buffer zone and portion outside buffer zone) All work is 61' feet from the B,VW at its,closest point. .......... ................ ................. Project Locatiow 1592 Salem Street North Andover Street Address City/Town .Map 106,13 ..................... .......... Lot 57 Assessors Map/Plat.N�umber Parcel/Lot Number Nvpaforrn2,.1doc Determination f Applicability-rev.,6/1812020 Page,1 of 5 4 Massachusetts Department ofEnvironmentall Protection Bureau of' Resource Protection -Wetlands WPA Form ,2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L., c. 131, §4O 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. The area described on the referenced pla,n(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 confirmedin 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. EJ 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,. Ther&ore,, said work, requires the filing of a, Notice of'Intent. El 4. The work described on referenced plan(s) and docurnent(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). El 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 ordiniance or bylaw- Name Ordinance or Bylaw Citation vipaformZdoc-Determination of Applicability-riev,.5/1812020 Page 2 of 5 4 Massachusetts Depa,rtment, of Env'ironmental Pro,Wction Bureau of Resource Protection - Wetlands, Jim M WPA Form 2 — terrainationlity IL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (con t) [J 6. The following area and/or work, if any,, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetland's Protection Act: ............................... 7. If a Notice of Intent is,filed for the work in the Riverfront Area described on referenced plan(s) and docu meat(s), which includes all or part of the work described in thin Request, the applicant must consider the following alternatives. (Refer to the wetlanid reguilations, at 1 O.,58(,4)c,. for more information about the,scope,of alternatives, requirements): El Alternatives limited to the lot on which the project is located''. El Alternatives limited to the lot,on which the project is located, 'the subdivided lots, and any, adjacent lots formerly oir pr sently 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 is 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.-rnarked 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. [J 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 regulatlons but will not alter an Area subject to protection under the,Act. Therefore,, said Wr lork does not require, the filing of a Notice of Intent, subject to the folliowing conditions if any). F1 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 Notice of Intent, unless and until said work alters an,Area subject to protection under the Act. wpa for m2'.doc Determination of Applicability-rev,5/1812020 Page 3 of 5 4 Massachusetts Department of Environmental Protection, Bureau of' Resource Protection - Wetlands WPA. Form 2 -- Determ i nation of AppIwi ili ty Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination 5. The area described in the Request is subject to protection under the,Act. Since the work described therein meets the, requil"remenu for the,following exemption,, as,specified in the Act and the regulations, no Notice of Intent is required: ...........................................Exempt Activity(site applicable statuatory/r egulatory provisions) 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 Ordinan r Bylaw Citation C. Authorization This Determ,ination is issued to the applicant and delivered as follows- El by hand delivery on by certified mail, return receipt requested on November 2, 2,020 ............. ............. ..........—1111................... Date Date This Determination is valid for,Iffiree years,from the date of issuance t 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 appficable 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,-//www.mass. /service-detail's/massde -regi!,onal,-offices- ,by-commun,ity) and the property owner(if different from the applicant). Nv,paform2.doc-Determination of Applicabilit rev.5/1812020 P e 4 of 5 4 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection: - Wetlanids WPA Form 2 --, Determination f Applicability Massachusetts Wetlands Protection Act" M,.G,.L,., c. 131 1 §40 Authorization (cont.) Signed by Amy R.. Maxner, Conservation Administrator, as authorized by the North Andover Conservation Commission See N.E.R.D. Book: 16327 Ppgq. ..... ...... Signatures.-, Am'y R. Maxner, Cons,ervat"on Administrator Printed Name .Signature V Signature Printed Name Louis Napoli, Chair Signature Printed Name Albert Manzi' Signature Printed Name Sean McDonou h ............. Signature Printed'Name John Mabon Signature, Printed Name Josep Lynch Signature Printed Name Signature Printed Name, D, Appleals 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 riesidents 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.m,ass.go,v/s,ervice- etaiIs/massdep-regional-offices- communi!y) 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 31110, CIVI R, 101.03(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 c,ertif'ied mail or hand delivery to the Conservation Commission and to the applicant if hie/s,he 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 m icipal ordinance or bylaw and not on the Massachusetts,'Wetlands Protection Act or re,gulations,l the Department of Environmental Protection has, no appellate,jurisdiction. wpafoW.doc Determination of Apphicabilit rev.6/18/2,020 Page 5 of 5