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Home My WebLink About- Permits - 895 FOREST STREET 5/26/2021 CONSERVATION DEPARTMENT Corninunit), Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS &FINDINGS ADDRESS: 895 Forest 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 895 Forest Street. Work involves: Drainage improvements to an existing horse paddock that is currently a muddy mess. In its current state, the risk of sediment runoff into the wetland is quite high. The homeowner is proposing to grade the area and excavate down to a depth no greater than 12-inches and add a layer of stone dust or sand and gravel to improve drainage and stabilization of the horse paddock. Most of the work will be occurring within the 100-foot Buffer Zone and 50-foot No Build Zone, at its closest point,work will no closer than 25- feet+ from the edge of the wetland. The 25' NDZ is demarcated with a stone wall. Applicant/Owner: Judith Tighe 895 Forest Street North Andover, MA 01845 Record Documents: • Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: April 26, 2021,; • Site Plan Excerpt showing Existing Paddock to Receive Stone &Sand 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 Page I of I ~ 4 � Massachusetts Department of Environmental Protection � Bureau Of Resource Protection -Wetlands �� ~� ��u�� ^ �^ � Applicability U�~K~� ��x x� Form � — Determination ��n rx��nK��UuU�y Massachusetts Wetlands Protection Act M.G.LC. 131. 84O A~ GeneraUUnformat'on � Important: � When filling out From: � forms onthe North Andover computer,use onlythe tab -----n --- -- key Vnmove To: Applicant Property Owner(if different from epdicooV:your cursor- � do not use the Judith Ti h � return key. Name Name 895Fmest Street 11111101R�A Mailing Address ailing Address North Andover MA O184� Cityfrown ��_ Zip Code City/Town State_- Zip Code ~--~�--' 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Plan Excerpt'Annotated to show Existing Paddock to Receive Sand Rovd April 26 2021 and Stone oe/o RDA and associated attachments Rovd April 2S 2031 itle Date 2. Date Request Filed: April 26 2021 B~ Determination Pursuant hothe authority ofKA.G.Lo. i31. §4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Drainage improvements to an existing horse paddock that is currently muddy. In its current state, the risk of sediment runoff into the wetland is quite high. The homeowner im proposing b/grade the area and excavate down to a depth no greater than 12-inches and add a layer of stone dust or sand and gravel to improve drainage and stablize of the horse paddock. Most of the work will be occurring within the 100-foot Buffer Zone and 50-foot No Build Zone, at its closest point, work will no closer than 25-feet+ from the edge of the wetland. The 25' NOZ|a demarcated with omtonewoU. --- ProjectLocodon: 805 Forest Street North Andover Map 105D Lot131 4 Massachusetts Department of Environmental Protection � Bureau Df Resource Protection - Wetlands � �� "� Determination �^ � Applicability ��~A~�xx � ��x �� Form �� —~ u�=^=��U��"8�D� �� v��nUK��u�U,U~ �n- ~� Massachusetts Wetlands Protection Act M.G.LO. 131` §40 B. Determination (cont.) The following Detanninahun(s)is/or applicable ho the proposed site and/or project relative to the Wetlands � Protection Act and regulations: Positive Determination Note: No work within the jurisdictioncf the Wetlands Protection Act may proceed until e 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). [] 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging, or altering uf the area requires the filing ofa Notice ofIntent. [] 2a. The boundary delineations of the following resource areas described nn the referenced p|mn(o)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 op long eo this Determination iovalid. [] 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 (o the Request for Determination. 1771 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fiU, dredge. or alter that area. Therefore, said work requires the filing ofa Notice ofIntent. Fl 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). El 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Pursuant to the following municipal wetland ordinance orbylaw: 4 Massachusetts Department of Environmental Protection Bureau VfResource ProdectioD -WetlaDds �� Determination~ �~ � Applicability ��~U~� ��m-�� Form a� �� ~°��HU��"UK�� K�. ==��.K��~�U"U~y Massachusetts Wetlands Protection Act M.G.L. C. 131, §4D B. Determination (cont.) [] 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)o. for more information about the scope of alternatives requiremoote): El /Uhnrnodivea 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. 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. E] Alternatives extend ho 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 ie requested (oissue 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 et the end of this document. �l i. The area described in the Request im not an area subject tn protection under the Act or the Buffer Zone. Fl 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 an Area subject to protection under the Act. Therefore, said work does not require the filing nfa Notice of Intent, subject to the following conditions (if any). See attach ed8ecialConditions" [l 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 ofIntent, un|oan and until said work alters an Area subject to protection under the Act. °n"^".u.*=^Determination m Applicability^rev.m`"oom Page»*v 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ��0�� "� Determination~ �~ � Applicability &�~U^� ��mx� Form � '� =��00U��~UK�� ^��.U��U.U�y Massachusetts VVHtl@Dd6 Protection Act M.G.L. C. 131. §40 B. Determination (cont.) F] 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 Actand the regulations, no Notice ofIntent is required: �] G. Theareaand/orworkdaacribmdintheRaqueetisncdaub/aothznav|ewandopprovo| by: Name of Municipality Pursuant toa municipal wetlands ordinance orbylaw. N a m-a Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: Fl by hand delivery on H by certified mail, return receipt requested un June10 2021 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 ntatuhaa, 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 by-coOlmunity) andthepnopertymmner(ifdiffenenthnm(haapp|iomnU. |e ed by the North A d Conservation Commission on May 20 2021 wpa*."u.*='Determination m Applicability'rev,m,00"v Page^w^ 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection -Wetlands ��J� �� ^� Determination^ �~ � Applicability ��~U^�nx Li �� Form �� ~~ ��U��~K�� ^��K�nU��UnU~� Massachusetts Wetlands Protection Act W4.G.L c. 131. G40 C. Authorization (cont.) Signed by Amy R. [Naxno[ Conservation Administrator eo authorized by the North Andover Conservation Commission ` Amy R. Maxner, Conservation Administrator Signature Printed Name Louis Napoli, Chair Signature Printed Name Albert Manzi, Jr. u|Ooomm Printed Name Sean McD nou h r Printed Name John Mabon Signature Printed Name ignature Printed Name ignature 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 issue o Superseding DehsmminationofApp|ioabi|ih/. ThenequeotmumLbemodabyoadiOed 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 |o being appealed. To the extent that the Determination ie based unemunicipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. w=m,"u.*='Determination mApp/=m/*'=..m`^uom Page sws