HomeMy WebLinkAbout- Permits - 1520 FOREST STREET EXT 5/26/2021 0
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE #3 DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS & FINDINGS
ADDRESS: 1520 Forest Street Extension
At the May 26, 2021, 20�21 public hearing, the North Andover Conservation Commission
(NACC) voted to issue an after-the-fact Negative #3 Determination of Applicability with
conditions for work started without a permit from the NACC. The work included(s):
Patio
•An old existing deck and patio were removed by hand with hand tools.
Soil was excavated down approximately 12-inches and leveled.
-Coarse gravel was laid by hand, it was leveled with 1/8" per foot slope to allow for
drainage and then compacted with a plate compactor.
-A retaining wall was installed around the patio with 1-foot brick pavers and Loctite
adhesive.
-Paver sand was poured, screeded and leveled
*Polymeric sand was added and a plate compactor was used to secure the pavers in
place.
-Mulch socks have been added between the areas of disturbance from the patio
construction and the BVW.
Chicken Coop
-A 5-foot by 12-foot chicken coop was installed approximately 60-feet from the BVW.
•Minor leveling of small stones was done in preparation for placement of the coop.
•Hard cloth fencing was installed approximately 12-inches below the surface of the
coop to prevent predators from getting into the coop.
-The exterior walls were assembled at the front of the property and further assembled
in the coop's current location.
-A mulch sock has also been added behind the coop to prevent runoff/ erosion into
the BVW
Owner/Applicant: Joseph Francis
1520 Forest Street Ext.
Boxford, MA 01921
Record Documents:
1520 Forest Street Exteiisim—Negative#3 Deteniiiiiatioll of Applicability
Page I of 2
0 Request for Determination of Applicability Form 1,narrative and supporting
materials, submitted: May 12, 2021
0 RDA with project narratives for Chicken Coup and Patio construction
0 1520 Forest St. Ext.,, GIS Aerial for Patio & Chicken Coup
Approval is subject to compliance with the following Special Conditions:
1. Pre-construction inspection of erosion control installation shall be scheduled with the
Conservation Department.
2. Post-construction inspection with the Conservation Department to verify compliance and
approve removal of erosion controls,.
1520 Forest Street Extension—Negative#3 Detennitiation of Applicability
Page: 2 of 2
4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - 'Wetlands
''TPA, Form 2 — Determination of Applicability
''TPA,Massachusetts Wetlands Protection Act M.G.L. c. 131, §401
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 Joseph Francis
return key, Name Name
1520 Stonecleave Road
VkA Mailing Address Mailing Address
Boxford MA 01921
-b-ltiftow- n State Zip Code Cityfrown State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
1520 Forest St, Ext,, GIS Aerial for Patio & Chicken Coup 05-12-21
Title Date
RDA with project narratives for Chicken Coup and Patio construction 04-27-21
Title Date
Title Date
Z Date Request Filed:
May 12, 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).,
Demolition of existing deck and patio, soil excavated down approximately 12-inches and
leveled.Co,arse gravel was installted and leveled with 1/8" per foot slope to allow for drainage and then
compacted with a plate compactor.A retaining wall was installed around the patio with 1-foot brick pavers,
and Loctite adhesive.Paver sand was poured, screeded and leveled Polymeric sand was added and a
plate compactor was used to secure the pavers, in place.
Chicken, Coop: A 5-foot by 12-foot chicken coop was installed approximately 60-feet from the BVW.
Minor leveling of small stones was done in preparation for placement of the coop.Hard cloth fencing was
installed approximately 12-inches below the surface of the coop to prevent predators from getting into the
coop. A mulch sock has also been added behind the coop to prevent runoff/erosion into the BVW.
Project Location,:
1520 Forest Street Extension North Andover
Street Address City/Town
Map 105E Lot 5
Assessors Map/Plat Number Parcel/Lot Number
wparorrnMoc-Determination of Applirability-rev.5/18/2020 Page 1 of 5
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
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).
F1 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.
...... ..........
❑
2b. The boundaries of resource areas listed below are not confirmed by thiis Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to,the Request for Determination.
EJ 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.
El 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).
171 5. The area and/or work described on referenced plan(s) and documents) 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.dor Determination of Applicability-rev,5/1812020 Page 2 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.)
[:1 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 Riverfro�nt Area described on referenced plani(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.
F] 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.
F] 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 after 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 Required 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 ApocaUtfity-rev,511MO20 Page 3 of 5
4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
BUPA, Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
1771 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.
-14a Ordinance or Bylaw Citation,
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on M by certified mail, return receipt requested on
June 2, 2021
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-detailslmassdep-regiona[-offices-
by-communi ) and the property owner(if different from the applicant).
Issued by the North Andover Conservation Commission May 26, 2021
wpaform2.doc-Determination of Applirability-rev.5118/2020 Page 4 of 5
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
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:
Amy R. Maxner, Conservation Administrator
signature Printed Name
Louis Napoli, Chair
.........................................................
Signature Printed:Name
Albert Manzi, Jr.
Signature Printed Name
Sean McDounough
Signature Printed Name
John Mabon
Signature Printed Name
Signature Printed Name
Signature -PrintedName
'----------
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 whiich such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see https://www.mass,gov/service-details/massdep-regionaI-offices-by-
communit ) 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.
wipaform2.doc w Determination of Applirabifity�rev.5118J2020 Page 5 of 5