HomeMy WebLinkAbout- Permits - 99 HAY MEADOW ROAD 6/9/2021 CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
99 Hay Meadow Road, North Andover
At the Julie 9,2021 public hearing,the North Andover Conservation Commission(NACC) voted to
issue a Negative#3 Determination of Applicability for the full depth reclaim and replacement of art
existing 138-foot long driveway with asphalt at 99 Hay Meadow Road in North Andover. At its
closest point, the existing driveway is approximately 18-feet from the Bordering Vegetated Wetland
(BVW). The project will conform to the following documents and Special Conditions listed below:
Owner/Applicant: Barbara&Bob Moverman
99 Hay Meadow Road
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1, Project description,
abutter notification,a copy of filing fee check submitted. May 27,2021
Record Plaits: GIS Aerial with Wetland Measurements;
Job Description Submitted by Cooper Bros, Asphalt on
May 27,2021
SPECIAL CONDITIONS:
1. Conservation Department staff shall measure/verify width of existili driveway before reclaim
begins.
2. Twelve-inch(12") staked mulch socks and entrenched silt fence shall be installed between areas of
disturbance (i.e. edge of driveway) and the Bordering Vegetated Wetland (BVW)I.
3. A pre-construction site inspection of erosion controls shall be scheduled with Conservation
Department staff.
4. No demolition materials shall be stored on site. Rather, all excavated/reclaimed materials shall be
immediately containerized and hauled off site.
5. Conservation Department staff shall be on site while reclaim and gravel base work is undertaken,
6. A post-construction site visit shall be scheduled with Conservation Department staff to ensure
compliance.
120 Alain Street,North Andover,Xfassachusetts 01845
Phone 9'78.688.9'530 Fax 978.688.9542
,ww-,v.northandoverrna,gov
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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
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use
only the tab Conservation Commission
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Barbara & Bob Moverman
return key. Name Name
99 Hay Meadow Road
Mailing Address Mailing Address
North Andover MA 01845
Cityfrown State Zip Code City/Town state Zip Code
I. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Cooper Bro's Asphalt Proposal (.lob Description) Rcvd. May 27, 2021
Title Date
Aerial GIS Map with Measurements to Wetland Rcvd. May 27, 2021
Title Date
RDA and associated attachments Rcvd. May 27, 2021
Title Date
2. Date Request Filed:
May 27, 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):
Full depth reclaim on the existing —138-foot long driveway and in-kind replacement with a new asphalt
driveway. Old asphalt, loam, rocks, etc. will be excavated from the current driveway and disposed of off
site. Regrading and compaction with a 4-inch gravel base will occur after the old driveway is removed.
Install 2-inches of binder coat asphalt will be installed, and 1.5-inches of finish coat asphalt.
Upon completion of the work,joints will be sanded and emulsified for adhesion. The driveway is
approximately 18-feet from the BVW and an existing boulder wall exists between the driveway and BVW.
Project Location:
99 Hay Meadow Road North Andover
Street Address city/Town
Map 104 B Lot 94
Assessors Map/Plat Number Parcel/Lot Number
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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 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).
❑ 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.
❑ 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 this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to 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 remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 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).
❑ 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
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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.)
❑ 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:
❑ 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):
❑ 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.
❑ 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.
❑ 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).
"*See attached 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.
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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 (cost.)
❑ 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 statuatorylregulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
_ ........-... _. m. _..._..
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:
❑ by hand delivery on ® by certified mail, return receipt requested on
,tune 15, 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 DIP Regional Office (see https,//www..mass.q ov1sery ice-detailstm assdep-regional-offices-
by-community) and the property owner(if different from the applicant).
!sued by the North Andover Conservation Commission on June 9, 2021
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetiands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
ign 'u re§:
nal e Printed Name
Signature Printed Name
Signature Printed Name
tg lure Printed Name
Signs` 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.aov/service-detains/massdep-regiona,ll-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 3110 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.
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