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Home My WebLink About- Permits - 226 ABBOTT STREET 11/18/2020 Ink IRW CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DEUERMINATION OF APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 226 Abbott Street At the November 18,2020 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability with conditions for work proposed at 226 Abbott Street. The work includes. Construction of a sen-ti-dry 2" tall landscape stone wall (67'),a permeable bluestone-walkway(280 so and Bluestone patio (200 so,a pea stone patio (230 sf ,installation of associated landscape plantings. The front roof line of the house Nvill receive a formal stone drip edge to encourage infiltration. All,%vork is Nvitltin grassy lawn, requiring no removal of mature or woody vegetation and is 71 feet froth the edge of BVW at its closest point. Applicant/Homeowner: Mark&Judy Reich 226 Abbott Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,narrative and supporting materials,submitted: October 15,2020 Record Plans-. Reich Residence Landscape Plan&Town GIS Map dated October 2,2020 and October 14, 2020 respectively Planting List for 226 Abbott Email -with narrative on construction means & methods dated November 18,2020 Approval is subject to compliance %vitb the following Special Conditions: 1. Prior to work commencing, to fully envelope the area of work, an extended section of straw wattle erosion control shall be installed at the upland side of paved driveway and inspected by the Conservation Department. 2, Only plants native to New England shall be installed within the 100-Foot Buffer Zone. 3. Post construction inspection with Conservation Department shall be scheduled to verify as-built conditions, 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688,9530 Fax 978.688.9542 Web:littp://,,v\v\v.nortliandovcr.go-,, 4 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 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Mark& Judy Reich return key. Name Name 226 Abbott Street _ 4:3 Mailing Address Mailing Address North Andover MA 01845_ City/Town State Zip Code City/Town State Zip Code reAan 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Reich Residence Landscape Plan &Town GIS Map 10-02-20; 10-14-20 Title Date Planting List for 226 Abbott Email-with narrative on construction means & November 18, 2020 methods _ Date _RDA with associated attachments 10-14-20 Title Date 2. Date Request Filed: October 15, 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): Construction of a semi-dry 2' tall landscape stone wall (67'), a permeable bluestone walkway (280 sf) and bluestone patio (200 sf), a pea stone patio (230 sf), installation of associated landscape plantings. The front roof line of the house will receive a formal stone drip edge to encourage infiltration. All work is within grassy lawn, requiring no removal of mature or woody vegetation and is 71 feet from the edge of BVW at its closest point. Project Location: 226 Abbott Street North Andover Street Address City Town Map 38 ...... Lot 157 Assessors Map/Plat Number Parcel/Lot Number wpaforrnldoc•DaterminaUon of ApplicaNkly•rev.5/1812020 Page 1 of 6 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.) 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 wpaform2.doc•Determination of Applicability•rev.511BI2020 Page 2 of 5 4 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.) ❑ 6. The following area andlor 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). **See Attached Special Conditions"* ❑ 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.doc•Determination of Applicability•fev,5/9812020 Page 3 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.) ❑ 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) ❑ 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: ❑ by hand delivery on ® by certified mail, return receipt requested on November 25, 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://www.mass.gov/service-details/massdep-regional-offices- by-community) and the property owner(if different from the applicant). November 18, 2020 Wpafofm2.doc Determination of App4cabi€ity•rev.5/1 812 02 0 page 4 of 5 4 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 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: Atny R. Maxner, Conservation Administator Signature Printed Name Louis Napoli, Chair Signature Printed Name _.m. -- _...... Joseph Lynch Signature Printed Name -- _.... John Mabon _. Signature Printed Name Sean McDonough Signature Printed Name Tony Cappachietti 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 htt s://www.mass. ov/service-details/massde -re ional-offices-b - 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 CMR 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. v.pafotm2.doc•Determination of Applicability-rev.5/1812020 Page 5 of 5