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Home My WebLink About- Permits - 415 CHESTNUT STREET 5/26/2021 21 = qr CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF, APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 415 Chestnut Street At the May 26, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability with conditions for work proposed at 415 Chestnut Street. Work involves: Demolition of an existing rear deck to be replaced by a 18x30 deck and construction of a 7x34 deck at the front of the house. Both the proposed new deck and replacement of the existing deck are within the 200-foot Riverfront Area to an urmarned tributary (perennial stream) to Mosquito Brook, and the front deck is also within the 100-foot buffer zone to BVW. Work is no closer than an existing retaining wall that is just inside the 50' NBZ. Work on the front deck will be -65 feet from the BVW at its closest point. Proposed work will occur within previously disturbed areas including the existing walkway, steps and mowed lawn in the front and existing deck and lawn in the rear. The proposed work is separated from the wetland by an existing retaining wall, silt sock will be placed at the limit of work and no heavy equipment will be used. Applicant/Owner: Mary Cowan 415 Chestnut Street North Andover, MA 01845 Record Documents: • Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: April 28, 2021; • Proposed Site Plan 415 Chestnut Street, April 2021 - prepared by Rimmer Environmental Consulting, Inc. Approval is subject to compliance with the following Special Conditions: 1. Erosion controls (12" mulch socks) shall be installed between the work area and the wetland upgradient to the existing retaining wall, and a pre-construction meeting with the Conservation Department shall be scheduled to inspect the erosion controls. 2. Any excess excavated soils not used to backfill trench shall be taken off site. 3. Post-construction inspection with the Conservation Department to verify compliance Nige I ol' I 4 Massachusetts Department of Environmental Protection Bureau nf Resource Protection -Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131` §40 A. General Information Important: When filling out Frool� forms onthe North Andover computer, use only the tab -----n ----- key t«move To: Aop|kmnd Property Owner(if different from app|icanU: Your Cursor do not use the Mary Cowan return key. Mamv Name 415 Chestnut Street Mailing Address Mailing Address North Andover MA O1�45 ��— State Zip Code — ^---�--� 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Proposed Site Plan 415 Chestnut Strnet' prepared by Rimmer April 2021 Environmental Date RDA and supporting Rovd April 28 2021 Title Date 2. Oobe Request Filed: April 28 2021 B. Determination Pursuant to the authority ofK8.G.L o. 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 an existing rear deck to be replaced by a 18x3O deck, construction of a 7x34 deck at the front of the house. Both the proposed new deck and replacement of the existing deck are within the 200- foot Riverfront Area to an unnamed tributary (perennial stream) to Mosquito Brook, and the front deck is also within the 100-foot buffer zone to BVW. Work is no closer than an existing retaining wall that is just inside the 50' NBZ. Work on the front deck will be-65 feet from the BVNei its closest point. Proposed work will occur within previously disturbed areas including the existing walkway, steps and mowed lawn in the front and existing deck and lawn in the n*ar.The proposed work is separated from the wetland by an existing retaining wall, silt sock will be placed at the limit of work and no heavy equipment will beused. Project Location: 415 Chestnut Street North Andover Street Address Cityrrown Map 98C Lot 82 °p"m"m2.m=^Determination u Applicability'rev.e/mmxo Page of, 4 Massachusetts Department of Environmental Protection Bureau 0f 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 projectrelative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until e final Order uf 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). El 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. [l 2g.The boundary delineations cf the following resource areas described on the referenced p|on(a)are confirmed an accurate. Therefore, the resource area boundaries confirmed |o this Determination mra binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for am long na this Determination |evalid. 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 ho 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 remuve, fiU, dredge, or alter that area. Therefore, said work requires the filing of 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 Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). F1 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 tu the following municipal wetland ordinance orbylaw: Name r Bylaw Citation °p"u""o.u=^Determination mmw//=m/ily'rev.vnmzmo Page cmv 4 Massachusetts Department of Environmental Protection BUne8U of Resource Protection - Wetl8Ods WPA Form 2 — Determ^nat~on of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 B. Determination (cont.) 171 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: 1771 7. If Notice of Intent is filed for the work in the RivarhontAreo 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 ho the wetland regulations at 10.58(4)o. for more information about the scope of alternatives requiremento): El Alternatives limited b>the lot on which the project ie |uuobed. �] Alternatives limited to the lot onwhich the project is |ooabed, the subdivided |oba, and any adjacent lots formerly or presently owned by the same owner. El 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 nng|nO of the nhaha. 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 un this project un|aoetheDepmrtmantfoi|atVactonsuohrequeatvviLh|n35dayao|thede\e1he 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. [7 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. [l 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 ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter on 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 § i | C diU °° El 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. °v"m,m2.u""`Determination m Applicability'rev.mmomo Page 3ma 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determ^nat~on of Applicability Massachusetts \8/etlGDdS P[Ot8CtiOO /\Ct 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, sm specified in the Act and the regulations, no Notice of Intent io required: F] G. The area and/or work described |n the Request is not subject to review and approval by: Name of Municipality Pursuant too municipal wetlands ordinance orbylaw, Namo Ordinance or Bylaw Citation C. Authorization This Determination in issued tn the applicant and delivered msfollows: El bv hand delivery on 0 bv certified mail, return receipt requested on June10 2021 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 sbatutos, 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 ) and the property owner(if different from the applicant). Isued by the North Andover Conservation Commission on K8m 28 2021 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 (cons.) Signed by Amy R. Maxner, Conservation Administrator as authorized by the North Andover Conservation Commission Signatures: Amy R. Maxner, Conservation Administrator Signature Printed Name Louis Napoli, Chair Signature Printed Name Albert Manzi, Jr. Signature Printed Name Sean McDonough Signature Printed Name John Mabon Signature Printed Name 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.gov/service-details/massdep-regional-offices-by- 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. vrpaform2.doc Determination of Applicability-rev.5/18/2020 Page 5 of 5