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Home My WebLink About- Permits - 193 FOSTER STREET 8/11/2021 CONSERVATION DEPARTMENT Con-anunity Development Division NEGATIVE #3 DETERMINATION OF APP:I:.,ICABI.LITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 193 Foster 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 193 Foster Street. Work involves: After-the Fact ermittin for work involving re- furbishing existing patio surface and installation of a open pergola over patio footprint. The patio has been in its existing location at least since 2005 based on aerial photography and is 42'6" to the wetland at its closest point. No other work is permitted or allowed under this Determination of Applicability, as the entire property contains wetland or associated 100- foot buffer zone and is subject to regulation under the State Wetlands Protection Act and North Andover Wetlands Protection Bylaw. Applicant/Owner: Justin Owens 193 Foster North Andover, NIA 0 1845 Record Documents: e Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: July 29, 2021; e Plot Plan sketch, 193 Foster, scale 1 "=20', received July 29, 2021 with RDA materials. 11age: l Of 1 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability � Massachusetts Wetlands Protection Act M.G.L. C. 131, @40 -------------- A. General Knfm'r00at-KDn Important: When filling Out From: � forms on the North Andover computer, use | on|ythotab ~~'~—`~''~'~`^^^^`~'`^ � key to move To: Applicant Property Owner(if different from applicant): � your cursor dn not use the Justin Owens return key. Name Name 1Q3 Foster Street Mailing Address Mailing Address North Andover MA 01845 State Zip Code City[Town State _ Zip Code - ~---�--^ 1 Title and Date (or Revised Date if opp|ioab|e) of Final Plans and Other Documents: Plot Plan sketch, 193Fosher eom|e1"=2O' Rovd07-2S'21 '--- cate�� Title RDA application with associated narrative and attachments Ruvd 07-29-21 Title Date Title Date 2. Date Request Filed: B. Determination Pursuant ho the authority ofK8.Gl. o. 1B1. §4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and mode the following Determination. Project Description (if applicable): Work involving re-furbishing existing patio surface and installation of a open pergola over patio footprint. The patio has been in its existing location at least since 2005 based on aerial photography and ia42'O"to the wetland at its closest point. No other work ie permitted nr allowed under this Determination of Applicability, as the entire property contains wetland or associated buffer zone and is subject to regulation under the Shaba Wetlands Protection Act and North Andover Wetlands Protection Bylaw. Project Location: 193 Foster Street North Andover AddressStreet _ City/Town � Map 104D Lot42 ,k�iessors M-ap/Plat Number Parcel/Lot Number "pafo"m.*"'Determination mAppficam/*'rev.o/"un20 Page,uo ' 4 Massachusetts Department of Environmental Protection � Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability � Massachusetts Wetlands Protection /\Ct M.G.L. C. 131, §40 ��. K�o�terN�^KN��t-��U� (cont.) � � The following is/are applicable h}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). n 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. 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 es long an this Determination isvalid, F� 2b. The boundaries of resource areas listed below are not confirmed by this DeterrninaUon, regardless of whether such boundaries are contained on the plans attached to this Determination or ho the Request for Determination. Fl 3. The work described on referenced plan(s) and documonKm> is within on area subject to protection under the Act and will n*mnove, h||' dredge, oralter that area. Therefore, said work requires the filing cf a Notice ofIntent. 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 pyan(n) and dnournenKo) is subject(oreview and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: 4 Massachusetts Department of Environmental Protection � Bureau Of Resource Protection - Wetlands � WPA Form 2 __ Determination of Applicability � Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 B. Determination (cont.) � n G. The following area and/or work, if any, ia subject k> a municipal ordinance or bylaw but not subject h)the Massachusetts Wetlands Protection Act: � � 171 7. Ifo Notice of Intent hs filed for the work in the Riverfront Area described on referenced p|an(s) and document(s), which includes all or part of the work described in the Request, tile applicant must consider the following alternatives. (Refer ho the wetland regulations at 10.58/4>n. for more information about the scope of alternatives requirements): [] Alternatives limited to the lot onwhich the project is located. Alternatives limited to the lot on which the project io |ooahnd, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. El Alternatives limited to the original parcel on which the project is |noeh*d, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipo|ity. 1771 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|eastheDepudmentfoi|stoomtonnuohnequeotwithin35doyeofthedetotho request ie post-marked for certified mail or hand delivered tothe 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. �l 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 171 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fiU, dreUge, or alter that area. Thermfona, said work does not require the filing of Notice ufIntent. 0 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. Thenefone, said work does not require the filing ofa Notice nf Intent, subject to the following conditions (if eny). **See Attached Special Conditions f 1771 4. The work described io the Request ka not within anArea 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 anArea subject to protection Linder the Act. 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 B. Determination (cont.) n 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 a.pplicable statuatory/regulatory provisions) El 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 Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 0 by certified mail, return receipt requested on September 7, 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 DEP Regional Of (see https://www.mass,gov/service-detaiIs/massdep-regional-offices- by-community) and the property owner(if different from the applicant). wpaform2,doc Determination of Applicability�rev,5/1812020 Page 4 of 5 4 Massachusetts Department of Environmental Protection Bureau Qf Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 C. Authorization (cont.) 6-........... rer Printed Name Signature Printed Name Printed Narne Signature Printed Name Signatur Printed Name igna:ie Printed Name Printed Name D~ AppeaUs 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 horequest the appropriate Department ofEnvironmental Protection Regional Office(see C�[�g�L�ty)ho issue o Superseding Determination of Applicability. The request must be made bycertified mail or hand delivery kJ 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 at the eonne time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she io 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 Vnemunicipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. ~ ^*uurn)cu='Determination u Applicability'rev.m1mzo2n Page 5wu