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Home My WebLink About- Permits - 428 WINTER STREET 4/14/2021 T r i r !I I I, n I w. ClONSERVATION DEPARTMENT Community 'v l nDivision NEGATIVE DETERMINATION OF AP PLICABILITY SPECIAL, CONDITION'S 428 Winter Street, North, Andove � At the April 141 2021 public hearing, the North Andover Conservation Commission VACC) voted, to issue a Negative # 3 Determinationp icabi i for replacing the existing ' x 6" deck stairs n same footprint, iffistall 7new concrete footings, replace all rotting sheeting on home dispose of all maten*als into a du pst r placed in the driveway, Erosion controls will be installed between the work area and the wetland to prevent erosion of exposed footing excavations. The existing deck is 42 feed from the edge of the Bordering Vegetated a as measured by Conservation Department staff. Owner/Applicant: Ron Ford 428 Winter Street North Andover, MA 01845 Record Documents: Request f r Determination of Applicability Vorm 1, Checklist, Project des fey offiling fee check, Submitted: April 1 2021 Record Plans: "l showing deck specifications prepared by contractor- Nick Pan,ten &GIS Aerial Map showing g distance of proposedwork t the wetland. SPECIAL CONDITIONS, 1. Prior to the start of construction, the applicant l ail ensues that the site contractor has reviewed he Determination and is aware f the wetland resource area and the limits o 'the proposed work. 2. A pre-constructioninspection,shall be scheduled 1 h the Conservation Dep e e review the installation,of the erosioncontrols as directedby staff. I All excavated soils from footing holes shall be takenoff site. 4. Upon completion of the approved project and site stair, please contact the Conservation art nt for a final inspection and measurement of the new deck and, to determine if erosion controls,canbe removed. 12,0 Main Street,3 North Andover,Massachusetts 01845, Phone 978.688.9,530 Fax 97 . M 2, Massachusefts Depar,tment of Environmental Pro,tection Bureau of Resource Protection - etl�ands WPA Form 2 ,-- tormination of Applipability Massachusetts Wetlands Protectillon Act M.G.L. c. 131, ............. ................ A. Generalinformation Important rom When filling out F - forms on e North Andover computer, use, Conservation Commission .......... ..................... only the tab key to rnove To Applicant Property Owner(if different from applicant),- your cursor,- do not use the Ron Ford returnkey., Name N a-,m, -e...................................-'-....................................................... 428 Winter Street fab 4:1 Mailing Address Mailing Address VL'& North Andover MA 01 1845 few A State Zip,Code City/Town State Zip,Gode W 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents,,. Deck Plans,with Specifications Received 41112021 Title Date RDA Application with assoic,iated attachments, Receivied'4/1/2021 Titl,':e Date GIS Aerial Map showing measurment to,wetlanid Title Date 2. Date Request Filed." aril 1 1 2021 B., Determination Pursuant to the authority of M.G.L., c., 131, § 40,,, the Conservation Commission considered your Request for Determination of Applicab'ifity, with its,s,upporting documentation, and made the following Determination. Project Description if applicable): Replace existing 14 x 16'deck&stairs in same,footprint I Install 7 new concrete footings, replace all rotting sheeting; on home, dispose of all materials into a dumpster placedire the driveway. Erosion, contriols wil�l be, installed between the work area and the wetland to, prevent erosibn of exposed footing excavations. The existing deck, is,42 feet,from the edge of the BVW as measured by Conservation Department staff. Project Loi Kati orti* 428 Winter Street North Andover Street Add ress Cityffowrt Map 104 A Lot,64 s s e s s o r s Map,/Plat Number ParcellLot Number wpaform2.doc Determination of Applicability-rev.6/1812020 Page 105 4 Ma,ssachusetts Department of Environmental Protection s Bureau of Resource Protection -Wetland WPA Form 2 w-,, Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination� (cont.) The following Deter milination(s) is/are appliclable 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 Ali) has been recelived from the'ssu*ng authority(i.e., Conservation Commission or the Department,of Environmental Protection). in is an area subject to protection under theAct. 1. The area described on the referenced'pla �('s) I Removing,,,filling, dredging, or altering of the area requires the!filing of a Notice of Intent. E] 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 I such boundaries,for as long as this Determination is valid.. El 2b. 'The boundaries of resource,areas listed bellow are not confirmed by this Determination,, regardless of'whether such boundaries are contained on.the plans attacll to this Determination or to the Request for Determination. 3. The work,described on ref erenced 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. 0 4., 'The work.described on! referenced plan(s) and document(s) is withirli the Buffer Zone and will after an Area subject to protection under the Act. Therefore,, said work requires the filing ofa Notice of Intent or Al D Simplified Review if work is limited to the Buffer Zone). El 5. The area and/orl work described on referenced plail and document(s) is subject to review and approval bye Name of Municipality Pursuant to the following municipal wetland ordinance,or bylaw* Name Ordinance oir Bylaw Citation wplaform2ldoc-1 Determination of Applicabilit rev.5118/2020 Page,2 of 5 4 Massachusetts Department of Environmental Protection I - Wetlands Bureau of Resource Protec,t'on WPA .d a ir ALDetermination OT Applicability Massachusetts Wetlands Protection Act M.G.L c., 131, §40 B. Determination (cont.) E] 10 6. The f Ilowing area and/or work, if any, is,subject to a municipal ordinance or bylaw but not 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) whichinclud'es,all or part of the work described in the Request, the applicant ,and document(s), I I I I must consider the following alternatives. (Refer to the wetland regulations at 1,0.,58,(4)c. for more information about the scope of'alternatives requirements): E] 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. Fl 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 obta ire eld within the municipality. EJ Alternatives extend to any sites,which can reasonably be obtained within the appropriate region, of the state. Negative Determilnatiionl Note: No further action under the,Wetlands Protection Act pis required by the applicant.. However, iif the Department is requested to, issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department falls 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 o(this document. 0 1,. The area described in the Request is not an area subjectto protection under the Act or the Buffer Zone., El 2. The work described in the Request is within an area subject to protection under the Act. but will not remove, fill',, dredige, or alter that area. Therefore,, said work does not require the filing of a Niotice of Intent. ED, 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. Tfierefore, said work does, not require the filing of a Notice of Intent, subject to the,following conditions if any). Pre-construction inspection of erosion controls with the Conservation Department, all excavated soils from footing holes shall be taken off site,, posit-construct,ion 'inspect,ioln with the Conservation Department to verify that deck measurements and approve removal of erosion;controls., El 4. 'Th!e 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. voPafbrm2.d-oc Determination of Applicability-rev.5/18t202O Page of 5 4 Massachusetts, Department of Environmental Protection Buray esource Protection - Wetlands, WPA Form 2 m--, Determination of Applicability Massachusetts Wetlands, Protection Act M.G.L. c. 131 1 1§40 B, Determination (cont) E] 5. The area described' in ties Request is subject to protection under the Act. Since the work described therel�n 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,and1or work described in the Request is not subject to review and approval by.* Name of Munidpality Pursuant,to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authiori zaltion. This Determination is issued to the applicant and delivered as,fol'lows* by hand delivery on 0 by certified mail, return receipt requested on 04-22-21 Date This Determinationis,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 refieve the applicant from complying with all other applicable federalp state, or local statutes, ordinances, bylaws, or regulations. Th�is, Determination must be signed by a majority of the Coin s,e rvati on Corn mission. A copy must be sent to the appropriate DEP Reglonal Office(see https-,//www.mass.qov/service-details/mass dep-re g,i na,l-offices- by-community) and the property owner(if different from the applicant). April 14, 2021 —,......................... wpaforrn,2..doc Determination;of Appliubifity-rev.,5/1 81,020 Piage 4 of 5 4 Massachusetts Department of Environmental Protection Bureau, of Resource Protection - Wetlands WPA Form 2 Determinatio li Glit y Massachusetts Wetlands Protection Act, M.G.L. c. 131 1 §40 J C. Authorizat"lon (cont.) "Signed by Amy R. Maxner,, Conservation Administrator as authorized by,the NIACC -See N.E.R.D. Book:, 16327 Page�* 22 Signatures* Signature Amy R., Maxner, Conservation Administrator Signature Printed Name Louis NapqIi,,,Chairman Signature Printed'Name .Albert R. Manzi, 'Jr ............ ............ Signature Printed Name Joseph �yp,ch `-"........................................................................................................................................................................................................................................................... Signature Printed Name John Mabon --------------- ................................................................................. -�'igriature Printed Name Signature Pf inted Name Appeals The applicant, owner, any person aggrieved by this Determination,, any owner of land abutt ing the land upo�n which the proposed work is to be done,, or any ten residents of the city or town in which such land i's located], are hereby notified of their right to request the appropriate Department ofErivironmental Protection Regional Office (see h gov/ser,ttps://www.mass., v ice-det'a i I s,/m�,a,s sd e p-regio n a I-offic 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 CIVIR 10.0,3(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,applicantif 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 munisi pal ordinance or bylaw and not on the Massachusetts Weitlands Protection Act or regulations, the Department of'E,nv,ironmeintal Protection has no,appellate jurisdiction., "aform2.doc-Determination of Applip bfli(y-rev,511812020 Page 5 lolf 5