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Home My WebLink About- Permits - 19 COMMONWEALTH AVENUE 10/13/2021 CONSERVATION DEPARTMENT C;ominunity Devc.loptnent Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 19 Commonwealth Ave, North Andover At the October 13, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative # 2 &Negative # 3 Determination of Applicability for installation of new approximately 336-square foot deck with 3' 2" x 6' stairs. The deck will be supported by a combination of nine (9) 1.2" wide x 4' deep footings &attached to the corner of the house by lag bolts. Proposed work is located within the 200-foot Riverfront Area to the Shawsheen.River, approximately 1.26-feet from the fringe bordering vegetated wetland to the Shawsheen River. The project will conform to the following: Owner/Applicant: Betzabet Ascencio 19 Commonwealth Avenue North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, Project description., abutter notification, a copy of filing fee check, CMS Aerial showing distance of deck to BVW submitted: September 24, 2021 Record Plans: Proposed Deck plan set (5 sheets) prepared by GJ Design Group, LLC dated. August 29, 2021 SPECIAL CONDITIONS: 1. A pre-construction inspection shall be scheduled with the Conservation Department. 2, All excavated soils from post holes shall be taken off site. 3. Post-construction inspection with the Conservation Department to verify compliance, 19 Commonwealth Ave Negative Determination 112& #3 Berge 1 of 2 120 Main Street,North.Andovcr,Massachusetts 01845 Phone 978.688.9 530 I'ax 978.688.9542 tivt,��,5r.��arth;tncic��>crt��a.c;�Er " 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 and 200 Riverfront Area to the Shawsheen River 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 or tree cuttinwpruning. These activities shall be held to the current standards under the Bylaw and WPA and must be reviewed under a separate application submitted to the Conservation Commission. 19 Commonwealth Ave Negative Determination#2 & #3 Page 2 qf 2 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 ,,,F,\vw.iiortliari(loverma.goN, 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands P[0t8Cti0D Act M.G.L. c. 131' §40 A~ General Information Important: � When filling �rom ngoud � forms onthe North Andover computer, use only the tab Conservation Commission— — keybo move To: Applicant Property Owner(if different from applicant): your cursor- do not use the 0etcahedAsoensiu ------ returnkoy. Name Name 10 Commonwealth Avenue -Mailing Address Mailing Address North Andover MA 01845 Cityrrown Sta—te -Zip Code CityiTown, -- -------- State Zip Code ~---~---' 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Proposed.Deck plan set(5 sheets) prepared by GJ Design Group, LLC 8'2O-2O21, Tii| Rec'vd09-24-2O21 RDA application i�h i bad attachments R�o'vdOS-24-2O21 ��e_- Date G|SAerial showing proposeddecK& proximity to resourc Title oom 2. Date Request Filed: OQ-24-2821 B. Determination Pursuant hn the authority ofN1.G.Lo. 131. §40. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and nnoda the following Determination. Project Description (if appUcab|e): Installation of a new approximately 336 square foot deck with 3' 2"x Ustairs. The deck will be supported by a combination of nine (0) 12"wide x4' deep footings & attached to the corner of the house by lag bolts. Proposed work is located within the 200-fnot Rk/erfrnntAnaa to the Shawnh*en River. The proposed d k is located | b*| 126 feet from the frin BVW to banks f Shawsheen River. Project Location: 19 Commonwealth Avenue North Andover Map 2 Lot14 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. G40 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: Nn work within the jurisdiction of the Wetlands Protection Act may proceed until o 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. 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 am long ao this Determination iavalid. 2b. The boundaries of resource areas listed below are not confirmed by this [}ebmrnninaUon, 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 document(s) is within an area subject to protection under the Act and will namuve, fiU, dredge, or alter that area. Therehorg, said work requires the filing o[a Notice ofIntent. [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter aDArea 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 bo the following municipal wetland ordinance or bylaw: __ Name Ordinance or Bylaw Citation 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 ._ Determination of Applicability Massachusetts Wetlands Protection /\Ot M.G.L. C. 131. &40 B. Determination (cont.) [] 6. The following area and/or work, if any, ks subject b7e municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: 171 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and doUlment(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer bn the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requinamenh;): [] Alternatives limited ho the lot nn which the project islocated. 0 Alternatives limited to the lot on which the project is |ocated, the subdivided |obs, and any adjacent lots formerly or presently owned by the same owner. 0 Alternatives limited hz the original parcel oowhich the project is located, the subdivided 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|emetheDepadmenthai|stnootonnunhrequestvvithin35dayaofthedatethm 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 hnthe Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. [l 1. The area described inthe Request is not an area subject to protection under the Act orthe Buffer Zone. 2. The work described in the Request is within an area subject to protection under the Act, but will not wynnnve' fi||, dnadQa, or alter that area. Therefora, said work does not require the filing of Notice ofIntent. Z 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 ofa Notice of Intent, subject to the following conditions (if eny). Pre-constrUction meeting with the Conservation Department, all excavated soils from post holes shall be taken off site, and post-construction inspection with the Conservation Department to verifyy�qTjp [] 4. The work described |n the Request ke not within anArea subject hz 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 under the Act. 4 Massachusetts Department of Environmental Protection Bureau Uf Resource Protection - Wetlands WPA Form 2 — Determ~na0^on of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, 840 B. Determination (cont.) [] 5. The area described in the Request is subject to protection under the Act. Since the work described therein rneets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent isrequired: Fl 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant too municipal wetlands ordinance orbylaw. arne Ordinance or Bylaw Citation C. Authorization This Determination ko issued ho the applicant and delivered esfollows: 0 by hand delivery on [l by certified mai|, return receipt requested on October 18 2O21 Ua—te 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 fndans|, state, or local otatutms, ordinanoas, 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 lay) Nvpaforrn2.doc-Determination of Applicability-rev.5/1812020 Page 4 of 6 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 -—-------- C. Authorization (cont.) ............ Signatures: ............... Si nature PantedN me Signature Pri7ted Nam Signature PrinkName ignat d P ' t d Name ---------------- Si nat Printed Name ---------------- 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.gov/service-details/massdep-reqlonal-offices-by- 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 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 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. wpalorm2.doc-Determination of Applicability-rev,5/1812020 Page 5 of 5