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Home My WebLink About- Permits - 50 DUNCAN DRIVE 8/11/2021 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 50 Duncan Drive, 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 in-kind replacement of existing deck boards on two decks within the 50-foot No Disturb Zone & the 75-foot No-Build Zone, replacement of existing handrails, stairs and walkway within the 100- foot buffer zone and partially within the 75-foot No-Build Zone, connection of a drain pipe to a terminal catch basin within the 50-foot No Disturb Zone, returning of previously poured concrete areas to mulched landscape beds and lawn within the 50-foot No Disturb Zone & partially within the 25-foot No Disturb Zone. Although shown on the submitted plan, fencing has NOT been approved under this permit. The project will conform to the following: Owner/Applicant: Mr. Seontae Jeong 50 Duncan Drive 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 29, 2021 Record Plans: Surveyed Existing Conditions Site Plan w/ Proposed Activities, Gutter Drain Cross Section Sketch Submitted by the applicant July 14, 2021 120 plain Street,North Andover,Massachusetts 01845 Phone 978,688,9530 Fax 978.688.9542 www.northandoverma.gov SPECIAL CONDITIONS: 1. Pre-construction meeting with the Conservation Department to review RDA installation procedures for all activities with the homeowner/ contractor 2. Dumpster for disposal of existing deck & walkway materials to be placed outside of the 50-foot No Disturb Zone. 3. Post construction site visit with the Conservation Department to verify compliance and approve the removal of erosion controls. 50 Duncan Drive Negative Determination of Applicability Page 2 of 2 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 xvwxv.northandovertna.gov 4 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 UK88�^r00at'on Important: When filling From: ' | forms onthe | North Andover computer, umnr � only Conservation Commission � / key to move To: Applicant Property Owner(if different from opp|iconU: - ydo our not use the SaonhaeJeon return key. &_ame Mmn 50 Duncan Drive Mailing Address Mailing Address North Andover MA �1945 ��_ Zip Code City/Town State _ Zip Code "---�---� 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Surveyed E i ti Conditions P| /proposed work& buffer zones shown Rovd July 29 2021 'title Date RDA and associated attachments Rcvd July 29 2021 Title Date Cross Section sketch of gutter drain Rovd Ju| 29 2021 Title Date 2. Date Request Filed: July 29 2021 B. Determination Pursuant hz the authority ofW1.G.Lc. 131. G4U' the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): In-kind replacement of existing deck boards within the 50-foot No Disturb Zone and 75-foot No Build Zone to an epherme| pool. Replacement ofexisting old handoai|a, stairs and walkway within the 100400t buffer zone at the front of the house. Most of the existing vvo|kmxsv is within the 1OO-foo(buffer zone, but o small portion is within the 75-foot No Build Zone. Walkway will be replaced with concrete pavans and granite cobble edge. Repair existing retaining vva||. Connection of roof gutters to a 3-inch drain pipe, as well as layers of3/4" gravel with a terminal catch basin for overflow within the 50'hnnt No Disturb Zone.The area where the concrete was poured & removed within the 50-foot No-Disturb Zone & partially within the 25-foot No Disturb Zone is proposed to be returned to a mulch landscape bed with plantings and/or lawn. Fencing is NOT proposed or appro ed under thispermit. Project Location: 50 Duncan Drive North Andover Map 104B Lot13 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. §40 B. Determination (cont.) The following Detennination(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). Fl 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging,oraltering of the area requires the filing ofo Notice ofIntent. [l 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 es long os this Determination iavalid. 2b. The boundaries of resource areas listed below are not confirmed bv this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or hn 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 renoove, f|||, dredge, or alter that area. Thmoofomy' said work requires the filing of Notice of Intent. F] 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). Fl 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 io the following municipal wetland ordinance orbylaw: Name Ordinance or Bylaw Citation °pw"rmz*='um*=m"/ion of Applicability'e°511oo02a Page ums � 4 Massachusetts assachoset�: Depa��|ent0f ��nvir0ny�entaK ��ro8@c�K»n ILI Une@UOfReQoU[Ce �»rOt8CfiOD - \�efl@OdG �8�� .� U��^��^�� K~��~U~t�- ' ' ' - ' --- -- - - - - ' ' 'o-n-'' -''' �Wetl8DdGp[OfeCfiODAC{ M.G.[ C. 131, &40 B. Determination (cont.) E] 8. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject\o 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): R Alternatives limited tn the lot on which the project|s |nnahed. Fl Alternatives |irn|bed to the lot on vvh|oh the project is |ocoied, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. [l Alternatives limited to the original parcel on which the project iu |ucobyd, theoubdivided 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 im required bythe applicant. However, ifthe Department ia requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|aosthaDmpartnnentfoi|stnao1nnouohrnqueatwithin35dgyan[thedatethe 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 a(the end of this document. El 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 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 ufIntent. Z 3. The work described in the Request iswithin the Buffer Zone, as defined in the negu|edions, but will not alter anArea subject to protection under the Act. Therefona, said work does not require the filing nfe Notice nf Intent, subject to the following conditions (if any). °^~SEE ATTACHED SPECIAL C0ND|T|{)NS°°° Fl 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 on Area subject to protection under the Act. 4 � Massachusetts Department of Environmental Protection UPeaUof Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131, §40 B. Determination (cont.) Fl 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 vagu|ohonV. no Notice of Intent is required: xempt Activity(site applicable statuatory/regulatory provisions) 171 6. The area and/or work described in the Request is not subject to review and approval by: PU[sVaDtt0G0uOiuipe|w/eUondsordinanoeorby|aw. Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered aafollows: 171 bv hand delivery on M bv certified mail, return receipt requested on August 17 2021 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|Vno| ntatutes, ordinannes, by|ovvs. or regulations. This Determination must be signed bva majority ofthe Conservation Commission. A copy must be sent to the appropriate OEP Regional Office (see > and the property owner(if different from the app||oan8. Issued by the North Andover Conservation Commission on August 11, 2021 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands LI ��K�� o�� _~ U��~K��t~K�� U~��~U~�� - - Form'-' -- Determination— ' Applicability —'''-� Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 C. Authorization (cont.) Printed Name Signature Printed Name 96 ^ _ � .0 Printed Name SJi.'gnatur i,nted Vamp --------_____ ig 4 re Printed Name ilature Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner cdland abutting the land upon which the proposed work istnbe done, or any ten residents of the city or town |o which such land ie |onahad, are hereby notified of their right to request the appropriate Department nfEnvironmental Protection Regional {)Oice (see o |seumoSuporeedingDoharnningUonofApp|icabilih/. Thenaqueo(nnuatbennodebycgd(f/ed 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 CK4R 10.03(7)vvithim 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 m municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act orregulations, the Department of Environmental Protection has no appellate jurisdiction. wpam'm,^o"-Determination o/Applicability'mxmmomo Page sao