HomeMy WebLinkAbout- Permits - 267 OSGOOD STREET 4/14/2021 (3) r
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CONSERVATION DEPARTMENT
Community Development Division
I
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS (REVISED)
267 (Osgood 'Street, North Andover
At the April 14, 2021 public hearing, the North Andover Conservation.Commission (NACC)
voted to issue a Negative # 3 Determination of Applicability for installation of approximately
200-feet of vinyl fence to enclose the backyard at 267 Osgood Street within.. the 100-foot buffer
zone to the bank of an intermittent stream. At its closest point, the fence will be
approximately 28-feet from the intermittent stream and will have a 4" gap at bottom to allow
for small wildlife movement. The project will conform to the following:
Owner/Applicant: Denise Desmond
267 Osgood Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1, Project
description, abutter notification, a copy of filing fee cheek
submitted: March 10, 2021
Record Plans: Certified Plot Plan, prepared.by John Abagis & Associates, signed
and stamped by John Agabis, dated May 26, 2020 scale 1"=20' --
annotated to show proposed fence location and locations of buffer
zones.
SPECIAL CONDITIONS:
1. Prior to the start of construction, the applicant shall ensure that the site contractor has
reviewed the Determination and is aware of the wetland resource area and the limits of
the proposed work.
2. A pre-construction inspection shall be scheduled with the Conservation Department to
review the installation of the erosion controls.
3. All excavated soils from post holes shall be taken off site.
120 Nl a.t i Street,North Andover,Al asssachusetts 0,1845
Phone 978.688,9530 4"qx 978,688,9542
wvm.north:a ndovernisa.8ov
4. No gates will be allowed within the 1-00-foot buffer zone,
5. Three (3) wetland markers shall be installed on the portion of the fence closest to the
stream at approximately 15-foot intervals,. These markers can be purchased through the
Conservation Department at Town Hall at$2 per round marker and $3 per square
marker. (Two (2) round markers & one (1) square marker will be required)
6. The fence shall be no closer than 28 feet from the intermittent stream at its closest point.
7. Plantings and seeding within the 25-foot No Disturb Zone shall be native to New England
and approved by the Conservation Department. (Please see belou recoiiiiiieiidatioii lisLjo
native s'pecies).
8. Upon completion of the approved project and site stabilization, please contact the
Conservation Department for a final inspection to inspect the fence location, plantings
and to determine if erosion controls can be removed,
Native Shade Tolerant Plant Recommendations:
Woody Plants:
• Highbush Blueberry/ Vacchfituit coryWbostuit
• Spicebush/ Lhidera beiizoin
• Chokeberry/ Aroifia spp.
• Arrowwood Viburnum/ Viburnui�)t dentattuii
• Winterberry/ Ilex verticillata
• Sweet Pepperbush/ Clethro alnifolia
Herbaceous Plants:
• Cinnamon Fern/ Osiiiunda chmoiiioima
• Hay Scented Fern / Dennstaedtin ptoictilobula
• Pennsylvania Sedge/ Carex peiisylvaiiica
Grass Seed:
• Red Fescue/ Festuca rubra
• Crinkle Hair Grass / Deschaiu Asia flextiosa
267 Osgood Street
Negative#3 Determinatioti ofApplicability-Special Conditions
Page 2 of 2
120 Main Street,North Aiidover,A,I,,issachusetts 01845
Phone 978.688,9530 Fix 978.688.9542
Nvww.northandovernia.gov
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act MI. .IL. 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 Denise Desmond
return key. Name Name
26,7 Osgood Street
VIR�A Mailing Address Mailing Address
North Andover MA 01845
Cityffown State Ztp Code CityfFown State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plot Plan of Land prepared by John Abagis &Associates, annotated to May 26, 2020
show proposed fence, scale V=20' Date
RDA application with associated attachments 11-28-20, rec'vd
Title 03-16-21
Title Date
2. Date Request Filed:
03/16/2021
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):
A backyard vinyl fence is proposed to enclose the yard along the perimeter of the property, which at
its closest point ends just outside of the 28-foot to the bank of the intermittent stream.
In total, approximately 200 feet of fence is proposed, most of which is within the 100 foot buffer zone and
the 50 foot NBZ, The fence will respect the 4-inch gap requirement at the bottom of the fence. The
homeowner will be installing straw wattles between the area of disturbance and the 26 NDZ
The homeowner is also proposing to, plant native woody vegetation (highbush blueberry, winterberry,
spicebush) in combination with native grass seed within the 25 NDZ to help stabilize the area that is
mostly bare and to provide more habitat for birds and pollinators.
Project Location:
267'Osgood Street North Andover
Street Address City/Town
Map 58 Lot 11
Assessors MaptPlat Number Parcel/Lot Number
wpaform2.doc•Determination of Appilcabiflty-rev.611812020 Page 1 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.)
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 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.
F1 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
wpafcrm2.doc•Determinalion of Applicability•rev.5/1 812 02 0 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.)
[:1 6. The following area and/or work, if any, is subject to a municipal ordinance or byl6w 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):
El Alternatives limited to the lot on which the project is located.
El 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.
EJ 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,
171 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.
El 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).
Pre-construction inspection of erosion controls with the Conservation Department, all excavated
soils from post holes shall be taken off site, plantings and seeding within the 25-folot NDZ shall be
native to New England and' approved by the Conservation Department and post-construction
inspection with the Conservation Department to verify compliance.
171 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,
wparormZdoc-Determination of Applicability-rev.5/1812.020 Page 3 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.)
El 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 statuatory/regulatory provisions)
..........
0 6. The area and/or work described' in the, Request is not subject to review and approval by:
-
Kaimeof 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 by certified mail, return receipt requested on
04-22-21
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 Office,(see https://www.mass.gov/service-detalls/massdep-regional-offices-
by-community) and the property owner(if different from the applicant).
April 14, 2021
Nvpaform2.doc•Determinalion of Applicability-rev.511812020 Page 4 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WP°A Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
"Signed by Amy R. Maxner, Conservation Administrator as authorized by the NACC-See N.E,R,D,
Book: 16327 Page: 22
Signatures:
Signature Amy R. Maxner, Conservation Administrator
Signature Printed Name
Louis Napoli, Chairman
sljg--natur�— Printed Name
Albert P. Manzi, Jr.
-signature Printed Name
Joseph Lynch
Signature Printed Name
John Mabon
Signature Printed Name
Signature Printed Name
Signature Printed Name
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 https://www.mass..qov/service-details/massdep-regional-offices-bV-
communit ) 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 CMR 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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