HomeMy WebLinkAbout- Permits - 261 REA STREET 8/11/2021 A�
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE #3 & #2 DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS & FINDINGS
ADDRESS: 261 Rea Street
At the August 11,2021 public hearing,the North Andover Conservation Commission (NACC) voted to issue a
Negative #3 Determination of Applicability with conditions for work proposed at 261 Rea Street. Work
involves: Removal &expansion of an existing deck and patio. The new patio will consist of stone pavers to
replace the existing concrete and brick patio. The patio expansion will remain within the limit of an existing
stone wall that surrounds the existing patio. A hot tub is also proposed to be installed within the limit of the
new deck,.Access to the work area will be from the driveway located on the Northwest side of the house.
Project materials will be stockpiled in the driveway and within the limit of the stone wall. Work is within the
buffer zone to BVW and 200-Foot Riverfront to Mosquito Brook. The existing deck is approximately 13'x 2,6'
and is located approximately 70-feet from the BVW at its closest point. The proposed new deck will be
approximately 172" by 28'8" and will be located 67-feet from the BVW at its closest point.The existing patio is
approximately 45' x 13' and is located approximately 79-feet from the BVW at its closest point. The proposed
patio expansion is approximately 45'x 15' and is located approximately 70-feet from the BVW at its closest
point. None of the expansions will be closer to Mosquito Brook than the existing stonewall that surrounds the
patio area. "The applicant is rerninded that a Building Permit will be required for the proposed deck work.**
Applicant/Owner: Jason L. Carlson
261 Rea Street
North Andover,MA 01845
Record Documents:
• Request for Determination of Applicability Form 1,narrative and supporting
materials, submitted:July 29, 2021;
• Plot Plan of Land 261 Rea Street, prepared and stamped by David P.Trenzoni,PLS,
scale 1"=20',final revision dated July 14,2021 **see condition #1 regarding plan
changes**.
Approval is subject to compliance with the following Special Conditions:
1. Prior to scheduling a pre-construction meeting, the applicant shall submit a revised plan that shows
Wetland Flag#9A moved upgradient by 4 feet.
2. Erosion controls consisting of 12" staked mulch socks,shall be installed between the work area and
the wetland as depicted on the approve plan and to sufficiently protect the wetland from
construction access off of the driveway, and a pre-construction meeting with the Conservation
Department shall be scheduled to inspect the erosion controls.
3. Any excess excavated soils not used as part of the project shall be taken off site-Spreading of
excavated soils on site has not been proposed or permitted under this approval.
4. Post-construction inspection with the Conservation Department to verify compliance and approve
removal of erosion controls.
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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
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 Jason L. Carlson
............-
return key. Name
d--h 261 Rea Street
VT!1A -Mailing Address Mailing Address
North Andover MA 01845
City/Town -Mate Zip Code cityrr—own State Zip Code
1 Title and Date (or Revised Date if applicable) of Final Plans and! Other Documents:
Plot Plan of Land 261 Rea Street, prepared by David P. Tren�zoni, PLS July 14, 2021
Title Date
RDA application with associated narrative and attachments July 14, 2021
..6-t;- —
Title a
.................
flile Date
2. Date Request Filed:
July 29, 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):
Removal &expansion of an existing deck and patio. The new patio will consist of stone pavers and
will remain within the limit of an existing stone wall that surrounds the existing patio. A hot tub to be
installed within the limit of the new deck. The existing deck is approximately 13'x 26' and is located
approximately 70-feet from the BVW at its closest point. The proposed new deck will be approximately
17'2" by 28'8"and will be located 67-feet from the BVW at its closest point. The existing patio is
approximately 45'x 13' and is located approximately 79-feet from the BVW at its closest point. The
proposed patio expansion is approximately 45' x I 5'and is located approximately 70-feet from the BVW
at its closest point. None of the expansions will be closer to Mosquito Brook than the existing stonewall
that.surrounds the patio area that is approximately 185 feet from Mosquito Brook.
Project Location:
261 Rea Street North Andover
-Street Address Cityrrown
Map 38 Lot 32
Assessors Map/Plat Number Parcel/Lot Number- -----
wpaform2.doc W Determination of Applicabiky-rev.5118/2020 Page 1 of 5
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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 (cunt.)
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
vvpaform2.doc Determination of Applicability-rev.51f8J2020
Page 2 of 5
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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 (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 of Approval"
❑ 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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L11Massachusetts 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.)
[J 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:
t-Xe-Mp-iAcfivlty(site applicable statuatory/regulatory provisions)
E] 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.
Name -5-rjlnan—ce or Bylaw citation
C. Authorization
This Determination is issued to the applicant and'delivered as follows:
El by hand delivery on ED by certified mail, return receipt requested on
August 16, 2021
Rate 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.i-nass.00v/s,ervice-details/rnassdep-reaional-offices-
by-community) and the property owner(if different from the applicant),
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Massachusetts Department of Environmental Protection
i ureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
111061 A Massachusetts Wetlands Protection Act M.G.L. c, 131�, §40
C. Authorization (cont.)
Sisratti
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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
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 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.
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