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Home My WebLink About- Permits - 234 HAY MEADOW ROAD 5/26/2021 CONSERVATION DEPARTMENT Communit�, Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS &FINDINGS ADDRESS: 234 Hay Meadow Road At the May 26 2021 public hearing, the North Andover Conservation Commission(NACC) considered an after-the-fact Request for Determination of Applicability for 234 Hay Meadow Road. After review and discussion, the Commission voted to issue a Negative #3 and #2 Determination of Applicability. The work includes: Replacement of old deck boards and unsafe railings on,an existing sting decl<. No replacement of deck footings,expansion of the deck or ground disturbance occurred. The deck is located approximately 74-feet from BVW and MAHW to 200-foot Riverfront Area associated with Fish Brook . Applicant: Janis Quigley 2314 Hay Meadow Road North Andover,MA 01845 Record Documents: 0 Request for Determination of Applicability Form 1,narrative and supporting materials,submitted: April 28,2021; 0 234 Hay Meadow Aerial with wetland measurement,April 29,2021 0 Riverfront Locus Map,April 27,2021 Page 1 Of I 4 Massachusetts Department of Environmental Protection ILIBureau 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 Janis & Michael Quigley return key. Name Name 234 Hay Meadow Road VkAMailing Address Mailing Address North Andover MA 01845 Cityfl own State Zip Code City/Towni State Zip Code I Title,and Date (or Revised Date iif applicable) of Final Plans and Other Documents: 234 Hay Meadow Aerial-Wetland Measurement 04-29-21 Title Date Riverfront Locus Map 04-27-21 Title Date Title Date 2. Date Request Filed: April 28, 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 documentation, and made the following Determination. Project Description (if applicable): Replace old' deck boards and unsafe raillings on an existing deck. No replacement of footings, expansion of deck or ground disturbance occurred. The deck is located approximately 74-feet from BVW and MAHW of 200-foot Riverfront Area to Fish Brook. .............. Project Location: 234 Hay Meadow Road North Andover Street Address City/Town Map 104E Lot 79 Assessors Map/Plat Number Parcel/Lot Number xvpaform2.doc-DeterminaUon of ApplicaUlity,rev.5/1812620 Page 1 of 5 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.) The following Determiniation(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(Le., Conservation Commission or the Department of Environmental Protection). 171 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. 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 rendered'pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. 171 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. F71 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. 11 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). EJ 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 Nypaform2.dDc-Determination of Applicability-rev.511812020 Page 2 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of ApplicabilityL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ILI B. Determination (cont.) E] 6. The following 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) 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): 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 or presently owned by the same owner, E] 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. El 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. F] 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). 1771 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, %vpaform2,cfoc-Determination of ApptcabRdy-rev.5/1W2020 Page 3 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.) El 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 appl'icablie swtu—atofy/reg"l 'tory'provisions) ........... F1 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: El by hand delivery on 0 by certified mail, return receipt requested on Mari 27, 2021 EFate—------- ------ bite 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). May 26, 2021 wpatorm2.doc-DelerminaUon of Applicability-rev.511812020 Page 4 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 C. Authorization (cont.) Signed by Amy R. Maxner, Conservation Administrator Signatures"' Amy R. Maxner, Conservation Administrator Signature Printed Name -Louis Napoli, Chairman Signature Printed Name Albert Manzi, Jr. .signature Orin.ted Name . � Sean McDonough Signature _Printed'Name John Mabon Signature ------ Panted Name Nam e 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.,qovlservice-details/massdep-regional-offices-by- commun,it ) 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 10.03(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. wpaforM2.duc•Determination of ApplicaNlily•rev,5/18/2020 Page 5 of 5