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Home My WebLink About- Permits - 480 Boxford Street 8/11/2021 i CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS (REVISED) 480 Boxford Street, North Andover At the August 11, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative # 3 Determination of Applicability for the installation of an approximately 100-foot linear foot fence located outside of the 75-foot No-Build Zone to an ephemeral pool, as well as the installation of an approximately 8-foot-wide gate to connect the western corner of the home to an existing field stone wall located within the 50-foot No Build Zone. The project will conform to the following: Owner/Applicant: Mr. James O'DonneIl 480 Boxford Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, Project description, abutter notification, a copy of filing fee check submitted: July 14,2021 Record Plans: Engineered Plan w/sketch of fence location Submitted by the applicant July 1.4, 2021 SPECIAL CONDITIONS: 1. Pre-construction meeting with the Conservation Department to review installation procedures with the contractor. 2. Any excess excavated soils from post holes shall be removed from the site. 3. A 6-inch gap at the base of the fence is required to allow for wildlife passage. 4. Post-construction site visit with Conservation Department staff to observe final site conditions and ensure compliance. 120 drain Street,North Andover,'Alassadivisetts 01845 Phone 978.688.9530 Fax 978.688.9542 www,northandovermrna.gov 4 � Massachusetts Department of Environmental Protection � UPeaVof 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 onthe North Andover computer, use only the tab Conservation Commission— key tnmove To: Applicant Proper� {}wn�r(JUKfergDthVOo �po|�anO: youroumor- � applicant): Um not use the James O' Donnell return key. Name 480 8uxhord Street Mailing Address ..........- Mailing Address North Andover MA 01845 City/Town ��-- ,a6�--' Zip Code ~--~---�' 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Andover Consultants Engineered Plan with sketch nf fence, buffer zones Jul 14 2O21 shown | Date Date RDA application with associated attachments Ju| 14 2021 Title Date 2. Date Request Filed: O7-14-2O21 B. Determination Pursuant ho the authority ofK0.G.Lo. 191. §4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following DebanninaUnn. Project Description (if applicable): Installation of approximately 1 00-feet of fence on the eastern side of the house, located outside of the 75-foot No-Build Zone to an ephemeral pool, as well as the installation of an approximately 8-foot gate on the western side of the house to connect to the existing field stone wall within the 50-foot No Build Zone. Project Location: 40BoxfordStreet North Andover Street Address City[Town N1m 105C Lnt41 Assessors Map/Plat Number Parcel/Lot Number °v*vrmzo='Determination m Applicability'rev.unouom Page/mo � � 4 Massachusetts Department of Environmental Protection AUDB8UOf Resource Protection - Wetlands �� k�� __ ��*u��~��*^�� J��k�U^��K�~U^t«x _ _ _ __ Determination— - Applicability ----� Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 B. Determination (cont.) The following Determination(s)istare applicable to the proposed site and/or projectrelative hz 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). Fl 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. 171 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 am long ee this Determination imvalid. [] 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. �l 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remnvo, fiU, dredgm, or alter that area. Thenafona, said work requires the filing ofm Notice ofIntent. [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter anArea 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). E] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: -------- Pursuantb) the ho||nvving municipal wetland ordinance or bylaw: Ordinance or Bylaw Citation °p*^rmz doe^Determination w Applicability^wunnomom Page zm* � � 4 Massachusetts Department of Environmental Protection L71 ��UPeGUOf ��eS0U[C8 Protection - \�eYl@OdG ��U�� .� D��^��^�� U~��~U~�� - - - -- Determination— Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 B, Determ'na*~on (cont.) 17] 6. The following area and/or work, if any, issubject to a municipal ordinance m bylaw but not subject bo the Massachusetts Wetlands Protection Act: Fl 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 roquirementn): F] Alternatives limited to the lot on which the project is |onahed. [] Alternatives limited bo the lot on which the project is |onobad, theeubdivNed |ote, andany adjacent lots formerly or presently owned by the same owner, Alternatives limited 0o the original parcel on which the project ia |ouahed. Uhoeubdivided 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 un|eeathmDepartmantfai|ahoactnnsunhnaqueotvv|th|n35dayoofthmdatethg 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. 1771 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. The/gfona, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Pre-construction meeting with the Conservation Department to review installation procedures with the contractor, all excavated soils from post holes shall be taken off site, 6-inch gap at the base of � the fence is required to allow for wildlife passage, and post-construction inspection with the Conservation Department to verify F] 4. The work described in the Request is not within an Area subject to protection Linder 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 on Area subject io protection under the Act. wmm,mo.mc'Determination m Applicability'rev.5/,oa02n Page^mp 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 .~ Determination of Applicability Massachusetts Wetlands Protection Act M.G.[ C. 131, G40 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, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable staiu-a"t-'o-r—y/"r-e-g'u'�a'tory provisions) [] 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant to a municipal wetlands ordinance orbylaw. ame inance or Bylaw Citation C, Author-zat-on This Determination ia issued tn the applicant and delivered aofollows: El bv hand delivery on H by certified mail, return receipt requested on O8-17-2O21 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 |moa| statutes, ondinonoea, bylaws, or regulations. This Determination must be signed bya majority uftheCunsemoUonCornmiosinn. AcnpyrOVstbesantto the appropriate DEP Regional Office (see by-community) Issued by the North A d Conservation Commission on August 11 2021 � | rnaform2 dm'Determination mpppmcamm 'rev.onmz02o rag,4 of � 4 � Massachusetts Department of Environmental Protection � Bureau Uf Resource Protection - Wetlands ��U��& Form � _ U��~��~�� of ApplicabilityMassachusettsWetlands Protection Act M.G.L. C. 131. §40 C. Authorization (cont.) Sign es, !gDa re Printed Name Signature Printed Name sigdatur6,,- Printed Name SigWature. Printed Nam Signature Printed Name JA Signature ignature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Oebsnn|nst|on, any owner ufland 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 |Vceb*d' are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see to issue o Superseding Determination of Applicability, The request must be made by certified mail or hand delivery to the Depa[t0ent. with the appropriate filing fee and Fee Transmittal Form (nee Request for Departmental Action Fee Transmittal Form) as provided in 310 CK0R 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 in being appealed. Tn 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 nu appellate jurisdiction. *mrmmo.uov'Determination u/Applicability'rev.a1mx02n Page o°/o