HomeMy WebLinkAbout- Permits - 29 SOUTH BRADFORD STREET 9/29/2021 ■ rY
CONSERVATION DEPARTMENT
Communit), Developmet t Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS (REVISED)
29 South Bradford Sheet, North Andover
At the September 29, 2021 public hearing, the North Andover Conservation Commission
(NACC) voted to issue a Negative ## 3 Determination of Applicability for the removal and
replacement of three (3) non-compliant sets of stairs/landings. In order to meet the present-
day building code, the addition of landings are required to bring all three sets of stairs into
compliance. The first set of stairs is located outside of the 50' NBZ and will be replaced with a
pre-cast 6'x 3'6" landing and foul: (4) 8" steps, the second set of stairs is located just outside of
the 50' NBZ and will be replaced with a pre-cast 10' x 7' deck with two (2) steps, and the third
set of stairs is located within the 50' NBZ and will be replaced with a pre-cast 3' 6" x 4'
landing with six (6) 8" steps. All stairs and landings will be supported by helical piles.
**The applicant, homeowner and their contractors are advised that NO other work on the
property is allowed under this permit. The NACC has jurisdiction over all of the wetlands
and associated 100-Foot buffer zones on site and any work that involves ground disturbance
or changing the current conditions in these areas will require permitting with the NACC.
This includes, but are not limited to,house additions, pools, patios, decks, sheds, fences,
garden beds, landscaping and bridge installation, tree or vegetation cutting/pruning. These
activities shall be held to the current standards under the Bylaw and WPA.
The proj ect will conform to the following Mans and Special Conditions:
Owner/Applicant: Mr. Jeremy Young
29 South Bradford Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Form 1, and
attachments, submitted: August 31, 2021
29 South Bradford—Negative 113 Determination of Aliplicalrillty with Conditlons Pcrge I of 2
_ __.__m.... _.__. _
120 Main Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
w\v\,..nor tha ndovcrm a.gov
Record Plans: Site Plan of Land prepared by Merrimack Engineering Services,
Stamped & signed by Stephen E. Stapinski. Date revised:
9/3/2021
SPECIAL CONDITIONS:
1. Pre-construction meeting with the Conservation Department to inspect erosion controls
(12" mulch socks or straw wattles staked and overlapped) to be placed between the
limit of work for the rear landing and the wetland resource area as depicted on the
approved plan.
2. Any excess excavated soils to be reconstituted into landscape beds.
3. Post-construction site visit with Conservation Department staff to observe final site
conditions and ensure compliance.
29 South Bradford-Negative#3 Determination qJ'Applicability with Conditions
Page 2 of
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120 Afain Street,North Aiidover,',\I,,tss,,iclitisetts, 01845
Plione 978.688.9530 Fax 978,688,9542
www.northandoverma,gov
4
MaSSaGhusetts Department of Environmental Protection
Bureau of Re80U[Ce Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131' G40
A~ General Information
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North Andover
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29South Bradford
VQ fling Address Mailing Address
North Andover MA O1845
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1. Title and Date (or Revised Date if applicable) cf Final Plans and Other Documents:
Site Plan of Land prepared by Merrimack Engineering Services & Stamped Rev. Og-O3'21
Stephen E. Stapinski, scale 1" 2O' Ou�a
Title Date
RDA lication with associated attachments Receimed8/31/2021
Title Date
2. Date Request Filed:
O8'31-2O21
B. Determ^nat~on
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):
Proposed work inovies removal and reconstruction of three (3) existing non-cornpliant sets of stairs/
landings M *t the rear of the house, and 2 at the front) Rear Stairs (located between the 25' NDZ&the
50' NBJ]viU be removed and replaced with a 3'46"x4' landing Q six(G) 8"steps. Expansion will occur
closer to the B\8N, however, existing aheins are non'uomp|iantwiUh building code, an not legal and now
require a landing in order to be brought up to code. Front stairs between house &garage (located just
outside ofthe 50' NBZ)vvi|| be removed and replaced with m 10'x7' deck with 2 steps. Front entryway
stairs (located between the 5U' NBZ&the 1OO' 8Z) will bg removed and replaced with oO"x3'-0" landing
and four(4) 8" steps. All stairs/landings will be noota| pre-fabricated and will be craned into place, HaHva|
piers have been ro dho �th stairs/ | Ub
Project Location:
20 South Bradford Street North Andover
Street Address cityrrown
Map 103 Lnt38
Assessors Map/Plat Number Parcel/Lot Number
°n"u,"I^='Determination v/Applicability'rev.a/ommo Page`m^
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Massachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands
WPA Form 2 _ De*erm~nat~��� ��� ���U~���~U~��
_ '"- "- _ __'-�
Massachusetts Wetlands PFDfeCfiOD /\Cf M.G.[ C. 131' §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or projectrelative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction cf 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 i. The area described on the referenced p|an(o)iaen area subject tn protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
0 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed emaccurate. 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 au this Determination imvalid.
E] 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless nf 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 dooument(a) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area, Therefone, said work
requires the filing of Notice of|nbanL
�l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
o|ior an Area subject to protection under the Act. Therefore, said work requires the filing of
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:
-N'a-me of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
"p°w.e.m='om"�u"o.mm Applicability'rev.mmzmv Page um6 �
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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. G40
B. Determination (cont.)
[1 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject k)the Massachusetts Wetlands Protection Act:
El 7. If 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 requinamantm):
El Alternatives limited to the lot on which the project io |ocabad.
[] Alternatives limited to the lot on which the project is |ocated, the subdivided |nts, and any
adjacent lots formerly or presently owned bv the same owner.
[l Alternatives limited to the original parcel on which the project is located, the subdivided
nmrnels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
E] 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 Ant is required by the applicant. Hovvema[ if the
Department is requested to issue o Superseding Determination of Applicability, work may not proceed
nn this project un{mmothg0epadmentfai|ohnuctonmuohrequentvvithin35dayoofthodatothe
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.
F] 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, dredQe, or alter that area. Therefom, said work does not require the filing of
Notice ofIntent.
3. The work described in the Request is within the Buffer Zone, as defined in the nagu|oUnxa, 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 noamUng with the Conservation Department to inspect erosion controls that shall
be placed between limit of work &wetland per plan, any excess excavated soils shall be
reconstituted into landscape beds, and post-construction inspection with the Conservation
D rtment to verif
1771 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 Linder the Act.
"p"*,mZ*m'Determination m Applicability'Te^n/1amov Page oofu !
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' §4U
B. Determination /cO[l+.\
E] 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 naUu|aUonn' no Notice nf Intent im required:
Exempt Activity(site applicable statuatory/regulatory provisions)
[] 6. The area and/or work described in the Request is not subject to review and approval by:
Pursuant hoa municipal wetlands ordinance orbylaw.
C. Authorization
This Determination ky issued bo the applicant and delivered wafollows:
|| by hand delivery nn E by certified mail, return receipt requested on
Ootober0 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|oom| statutes, ordinances,
bylaws, or regulations.
This Determination must be signed hyn majority cftheConoammhonCnmmisaion. AoopynnustbeannttV
the appropriate DEP Regional Office (see
by-gommunit ) ond �hepFopedYo�n�r(l[di�enanthono �hmopp|ioonU.
�
4
LIMassachusetts 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
C. Authorization (cont.)
re Printed
Signature Printed Name
Signature PrintediNq
�in Printed
Signatur Printed Name
Signature Printed Name
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
to issue a Superseding Determination of Applicability. The request must be made by certified
mail or hand delivery ha 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 hothe Conservation Commission and to the applicant if
he/she is not the appellant. The request shall state clearly and concisely the objections tothe
Determination which is being appealed. To the extent that the Determination is based on o nlmnio|po/
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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w»m^rrn2.do^'Determination m Applicability'rev.onommo Page omo