HomeMy WebLinkAbout- Permits - 874 SALEM STREET 4/14/2021 C"'NSEERVATION DEPARTMENT
Commullity Development D.Ivl,sion
NEGATIVE, #3 DFrERMINATI ON' OF APPLICABILITY
SPECIAL CONDITIONS & FlNDTNGS
ADDRESS: 874 Salem Street
At the April 14, 2021, public hearing, t,he North Andover Conservation Commission (NACC)
voted to issue a Negative #3 Determi nation of,Applicability with conditions for work
proposed at 874 Salem Street. The work includes,-, Removal of an existing 10'x 25" deck to,be
reokaceld with a larger deck that will connect the house to the,plool. New deck will. wrap,
around approxftnately 1/4of the pool diameter. The new deck will be approximately 1200
square feet, and,will.require eighteen (18) 4' deep x 12" wide footling holes to be dug by hand
and filled with cloncrete. The exisl,gin g pow is located approximately 60-feet from the edge of
Bordering Vegetated Wetland (BVW), the existing decks approximately 93-feet from the edge
of the BVW, and the new deck Will be approximately 64-feet from the edge of wetland at 'its
closest point. While on site,,the Field Inspector reported a very old dila *date d shed within the
P1
25-foot NDZ., 'The Connnission approved the existing above ground pool located under a
RDA iin 2016.,
Applicant.- Kevin Cullen, Cullen Hawn
599 Turnpike Street
North Andover:, MA 018,45
Homeowner-, Katie Ham &john Confides
874,Salem,Street
North,Andover, MA 01845
Record Documents:
* Request for Determination of Applicability Forml, narrative and supportin,g
materials, submitted: March 29,20,21
e Aerial Map annotated to,show proposed deck and measurements to BVW
14 -to 21WA 6 0,A , is sub ect to compiiance wim the following Special Conditions:
p,,provai
1. Pre-construiction inspection of erosion control,installation sh ail be scheduled with the
Conservation Department. Erosion,controls sihall be installed between the area of work
and the,25' NDZ or fur therfrom the wetland as site condit,ions allow.
Page I of 2
2. During deck demolition, the existing,c-ti.tapic-tated shed shall be,removed by hand from
within the 25" No Disturb Zone and properly disposed of.
1 1
3. All excavated sol"'Is,from footing holes shall be taken off site.
4. Post-construction inspection with the:Conservation Department to verify compliance and
approve removal of erosion controls.
Page of 2,
Massachusetts, Department of Env" enta] Protect"
Bureau of Resource Protection -Wetlands
WPA Foirm 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A.,General Informialtione
Important: From.:
When filling out
forms on the North Andover,
computeir J use Conservation Commission
only the tab
key to move 'To Applicant Property Owner if different from applicant):
your cursor-
do not use the Kevin. Cullen Katie Ham &John Conides
return key. Name Name
599 Turnpike Street 874 Salem Street
Mailing Address Mailing Address
North Andover MA 01845 North Andover MA 01845
Cityffowin State Zip Code Cityfrown State, dip Code
1 Title and Date('o,r Revised Date if applicable) of Final Plans and Other,Documents:
RDA with! narrative and sketch plan attachments 03-231-21
f,f F16 Date
Annotated Aerial Map -showing proposed deck and measurments,to, 04-12-21
wetland Date
Title Date
2. Date Request Filled:'
March 29, 2021
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 documentatlion, and made the following
Determination.
Project Description: (if applicable):
Removal of an existing 1 O'x 25' rear deck and replace with a larger deck that will connect the house to
the pooll. It will wrap around approximately 1/4 of the pool diameter. The, new deck,will be approximately
1200,square feet, and'will require eighteen (18) 4' deep x 12"wide footing holes to be dug by hand and
filled with concrete.The existing pool is located approximately 60feet from the edge of BVW and the new
deck will be approximately 64-feet from the edge of BVW at its closest point. Work is entirely within lawn
,area.,
Project Locatiom
874 Salem Street North Andover
Street Address City/Town
,Map 65 Lot 43
Assessors Map/Plat Number ParcellLot Number
wpatorm2.doc Determination of Applicability-,rev,5118112020 Page 1 of 5
MassaOusetts Departmmt of Environmental Protection
Bureau of' Resource Plrlote,cti'on -Wetlands
l'* I
i
cab
Massachusetts etlands, Protection Act M.G.L. c. 131, §40
B. Determinati on (cont.)
The fol'l wing 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'Simplifiled 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 p i lani(s) s,an area subject to protection under theAct.,
Removing, filling,dredging, or altering of the area requires the filing of a Notice of Intent,
F] 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 arle not confirmed by t ail Determination,,
regardless of whether such boundaries are contained on, the plans attached to,this, Determination or
to the Request for Determination.
E] 3. The work described on referenced plan(s) and docum�en�t(s) is within an area,subject to
protection under the Act and will remove, fill, dredge, or after that area. Therefore, said work
requires the filing of a, Notice,of Inten�t.
El 4. Thy work,described on referenced pla,n(s) and document(s) is within the Buffer Zone and will
after an,Area subject to protection under theAct. Therefore, said work r,equires thie filing of a
Notice of Intent or AN'RAD Simplified Review(If work is limited to the, Buffer,Zone).
5. 'The area and/or,work described on referenced plan(s) and docur t(s) is subject to review
and approval by:
Name of Municipality
Pursuant,to the following municipal wetland ordinance or bylaw,*
a m e Ordina nce o r By]aw Citation
wpafbrrn2.do1c-Determinaflon of Applicability rev.511812020, Page f 5
4
Massachusetts Department of Environmental Protection
I -Wetlands,
Bureau of Resource Protect"on
WPA ion o Determinaltm f Appli,cabU nty
Massachusetts Wetlands, Protection Act M.G.L. c. 131� §40
B.. Determination (cont.)
El 6. The following arse 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 Riverfron referenced
rat described'on referend pla n
current (s)
and docnt(s), which it 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):
El 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.
[J Alternatives limited to the original parcel on which,the project is, located, the subdivided
parcels, any adjacent parcels, an any other land which can reasonably be,obtained within
the municipality.,
EJ Alternatives extend to any sites which can reasonably be obtained within the appropriate
1
region of the state.
Negative Determination
Note: No further action under the Wetland's Protection,Act is required by the applicant., However, if the
Department is requested toissue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 day's of the date th�e,
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 Supersedli'ng Determinations are listed at the,end of this,document.
I.. The area described In the Requestis not an area subject to protection under the Act it the,
Buffer Zone,
E] 2., The work described in the Request,is within an area subject to protection under the Act, but will
not remove, fill, dredge, or after that area. Therefore, said work does not require the filing ofa
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"
El 4. The work described in, the, Request is not,within an Area subject to protection under the Act
(inicluding the Buffer Zone). Therefore,, said work does not requ,i,re the,filing,of a Notice of Intent,
I
unless and until said work alters an Area,subject to, protection under the Act.
wpaforrn2.1doc-Determination of'Applica il:ity-rev.5,/18/2020 Page 3 of 5
Mass I h usettz Department of'Environ mental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 Determination of Appli cability
Massachusetts W,et I'a n d s P rolte cti o n Act M.G.L c. 13 11)1 §4 0
B. Determination (bont.),
0 5. The area described iin 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)
El 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.ror bylaw.
Name Ordinance air Bylaw Citation
C. Authorization
This Determination is issued to,the applicant and dellivIered as follows:
F-1 by hand delivery on by certified mailf return receipt requested on
April'20,, 20211
Data Date
This Determination is valid for It hree years from the date of issue iance (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, orclinances,
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.mas,s,.gov/servi ce,-detalls/mas:s,ld'er)-reg.ional-offilc,es-
W-commuoLty) and the property owner(if different,from the applicant).
April' 14, 2021
%Ypaform2.doc-Determinagon of'ApplicaVility-fev.5/18f2020 Page 4 of 6
I
Massachusetts Department of EnvironmentalProtection
n . M
Bureau Resource Protection - Wetlands
WPA Form 2 — Determin
Massachusetts Wetlands Protection Act . .L. c,. 131, §40,
C. Authorization cone.
Signed y y R,. Maxn r, Conservation 'ministr ,t r, as authorized by the rtl Andover
Conservation C mmisslo -See I . ..R.D. Book: 1 327 Page: 2
Amy R. Maxner, Conservation Administrator
Signature
Louts Napoli, Chairman
Signature Printed Name
,Albert"Manzi, Jr.
Signature Printed Naas
Joseph
Signature Printed Name
John Mahon
Signature Printed Name
Smrtr Fretted game
Signature Printed t+ Name
Signature, Printed Naas
D., e a
ls
The applicant,, owner, any persion aggrieved by this Determination,, an ner of lard'abuttin the I re,
upon which the proposed'work is to, be done, or any tern residents ofthe city or town In which such lard ls,
looted, are hereby notified f their right to request the appropriate Department of Environmental
Protection l� gig r l' Office (see htt s: w .mass. l s r a- etaii,s as -r+ 4, l- ffices-
clom i nit to issue a Superseding Determination f Applicability. The request must be madle by certified
rrall or hard delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (sae
Request for Departmental Action Fee Transmittal Form) as provided In 310 CM R 10. 3 7 wit' in ter
business days fr m the date of 1ss any a of this Determinati n...... A copy of the request shall at the same
time a seat�h certified' trail r land 'slyer to,the Conservation Commission and t the applicant of
he/she,is not the appellant. The request shall state clearly and concisely the objections to the
Determination which its being appealed. To the extant that the Determination is based on a municipal
ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or reel ti ns the Department
of Envir nmental Protection, has, no appellate jurisdiction.
wpaform2l.doc Determination of li ility-rev.511 /2 Page 5 of 5