The URL can be used to link to this page

Home My WebLink About- Permits - 25 CRANBERRY LANE 7/14/2021 'Ad 1qW CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 25 Cranberry Lane At the July 14, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability with conditions for after-the-fact permitting of work performed at 25 Cranberry Lane. Work involved: Rehabilitate approximately 1,500 square feet of dead lawn and replacement of broken irrigation lines. Work was done by a combination of hand tools (shovels, wheelbarrows and equipment (mini-excavator). All work occurred within the 50-foot No Build Zone and the 25-foot No-Disturbance Zone to BVW. Erosion controls were installed immediately and all disturbed areas have been seeded and strawed to stabilize bare soils. Applicant/Owner: Heather Takesian 25 Cranberry Lane North Andover, MA 01,845 Record Documents: • Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: June 29, 2021; • "As-Built Plan" - Annotated to show area of lawn rehap/restore - dated received June 29, 2021. Approval is subject to compliance with the following Special Conditions: 1. At locations as directed by the Conservation Department, not less than five (5) wetland markers mounted on 4x4 pressure treated posts, shall be installed to permanently demarcate the wetland resource area. 2. Erosion controls shall remain in place until a follow up site inspection with the Conservation Department is scheduled to verify that all areas of disturbance have been satisfactorily stabilized. The Conservation Department shall have discretion to approval removal of erosion controls. Rage 1 of 1 4 Massachusetts Department of Environmental Protection ILIBureau VfResource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. :. 131. §40 A. General Information Important: � When filling Frun�� ngoud forms onthe North Andover computer, use only the tab ----- ----- key hzmove To: Applicant Property Owner (if different from applicant): your cursor- do not use the HeatherTekeuion return key. Nome Name 25,Cranber!y,Lane North Andover MA 0184� City/Town �mw� Zip Code City/Town �muv��— Zip Code `---�--� 1. Title and Data (or Revised Dote if applicable) of Final Plans and Other Dooumenha: As-Built Plan annotated to show area f yard di t h / h) Ruvd. 06-20-21 Title Date RDA and associated attachments Rovd. O6-29-21 Title Date Title Date 2. Date Request Filed: June29 2021 B. Determ~K0at^on Pursuant tothe 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): Rehabiliate approximately 1,500 square feet of dead lawn and replacement of broken irrigation lines. Work was dune by combination of hand tools (shovels, wheelbarrows and equjpnnont(mini'exoavntor) All work occurred within the 50-houL No Build Zone and the 25-foot No-Disturbance Zone to B\8A/. Erosion controls were installed immediately and all disturbed areas have been seeded and etrawad to stab|iza bare omi|o. Project Location: 25 Cranberr Lane North Andover Street Addres's City/Town K8o 59 LotOA 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ��U�� .� U��K�~��^�� K~��^U^�� - - ' - - Form' --- -- — Determination- — - Applicability —'---� MBSS@OhUSettG W8t[@DdS P[Ot8CtiOD /\cf M.G.L. c. 131, Q40 B. Determination (cont.) The following Dehermine8on(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 cf the Wetlands Protection Act may proceed until e final Order cf 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). Fl 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, fiUing, dx*dging, or altering o(the area requires the filing ofa Notice ofIntent. Fl 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 an long eo this Determination iovalid. Fl 2b. The boundaries ofresource 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. Fl 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will nannnwe, fi||, dredge, or after that area. Therefore, said work naquinae 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 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 document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance orbylaw: Name Ordinance or Bylaw Citation °vmmxIuvo'Determination m Applicability'rev.y/*ovuv Page cu/5 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection -Wetlands ��U�� |�� .� U��^��^�� U^��~A~�� - - - - - - -- --- -- Determination- — ' ' 'u-n-'' --''--� Massachusetts Wetlands Protection Act M.G.L. c. 131, G40 B. Determination (cont.) F] O. 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: F] 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)u. for more information about the scope of alternatives requinomanbs): Fl Alternatives limited k>the lot nn which the project is |ocahed. [l Alternatives limited to the lot on which the project is |ooated, the subdivided |ots, and any adjacent lots formerly or presently owned by the same owner. 1771 Alternatives limited to the original ponce/ on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. F] 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 pvuoo*d 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. Fl 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 on 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 nn Area subject to protection under the Act. Therefore, said work does not require the filing ofa Notice nf Intent, subject to the following conditions (if any). See attached Special Conditions" �l 4. The work described in the Request is not within an Area subject to protection under the Act (iDdUdiDQ the Buffer Zone). The[ohJRa. said work does not require the 0|n0 of Notice of|ntent, un|000 and until said work alters an Area subject to protection under the Act. 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability K�assachUSetts Wetlands Protection Act M.G.[. C. 131, §40 B. Determination /C<]O+.\ 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 Act and the regulations, no Notice of Intent is required* xempt Activity(site applicable statuatory/regulatory provisions) �l O. The area and/or work described in the Request ie not subject toreview and approval by: -Name of municipality Pursuant hoe municipal wetlands ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination io issued ho the applicant and delivered oafollows: Fl bv hand delivery on 0 by certified mail, return receipt requested on July 19 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, mtmte, nr local statutes, ordinances, bylaws, or regulations. This Determination must ba signed hya majority uftheConsorvaUunConomiseiun. 800pymnustbmsentto the appropr|oteDEP Regional Office (see ) andthaprVpertyownar/ifdiffarentfronotheappUoonb. Isued by the North A d Conservation Commission on July 14 2021 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands [z[OteCfiOn Act M.G.L. c. 131' §40 C. Authorization (cont.) Printed Name Signature Printed Name bi re Pr�ited Name -"2> Printed Name Printed Name Signature Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this D eterrn i nation, 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 Offi ( m issue a Superseding Determination orApplicability. The request must oe made oycertified mail or hand delivery hm 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 et 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 noappellate jurisdiction.