HomeMy WebLinkAbout- Permits - 326 CAMPBELL ROAD 10/27/2021 CONSERVATION DEPARTMENT
(."on-inunity I evelopmcnt .Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
I
326 Campbell Road, North Andover
At the October 27, 2021. public hearing, the North Andover Conservation Commission
(NACC) voted to issue a Negative # 3 Determination of Applicability for work proposed at
326 Campbell Road. The work involves expanding the driveway by 760 square feet(19'x40'
inclusive of an existing turn around bump out), and installation of a 1.4'x1.T gravel pad off the
end of the driveway to eventually receive a storage shed not to exceed that measurement. All
work is outside the NACC 50' No Build Zone.
The project will conform to the.following:
Owner/Applicant: Shawn& Amy Tones
326 Campbell Road
North Andover, MA 01.845
Record Documents: Request for Determination of Applicability Form 1, Project
description, abutter notification, a copy of filing fee check, CIS
Aerial showing distance of deck to BVW submitted: October 14,
2021,
Record Plans: As-Build Plan 326 Campbell Road- Annotated by Applicant to
show proposed driveway expansion and gravel pad for shed
SPECIAL CONDITIONS:
L Erosion controls (8" mulch sock staked) shall be installed at the limit of work, but outside
the 50' No Build Zone and a pre-construction inspection shall be scheduled with the
Conservation.Department to inspect same and review conditions of this permit.
2. All excavated materials shall be taken off site.
3. Post-construction inspection with the Conservation Department to verify compliance.
**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
--- - --- -
120 Main Street,North Andover,Nfassac aaasetts 01€145
Phone 978.655.9530 Fax 978.68&9542
x�,kvnv.nort--Ira iaclovernra.gov
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 cutting/pruning. 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.
326 Campbell Road
Negative Determination #3
NACC Findings&Special Conditions
Page 2 of 2
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120 Main Street,North Andover,Massachusetts 01845
Phone 978.688.9530 lax 978.688.9542
-,v-,vw.iiortliaiicloveriii<i.gov
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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. Q40
A. General Information
Important:
When filling out �FrVrn�
forms onthe
North Andover
computer, use
only the tab --- -- -----ion
—
h*yt»m»»w To: Applicant Property Owner(if different from appUcaD¢
your cursor
do not use the Shawn &Amy Jones
return key. Name Name
32O Campbell Roed
VQ -Mailing Address Mailing Address
North Andover MA U1845
��— Zip Code CityfTown StateZip Code
~--�---� 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
As-Build Plan 328 Campbell Road -Annotated by Applicant toshow Rcvd1O-14-21
proposed d i iand gravel padfo h d ootu
FlOAvvithessooia(edattoohmeo{a Rnvd1O-14'21
Ti0e Date
Tltle Date
2. Date Request Filed:
1O-14-21
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):
Expanding the driveway by 760 square feet(I 9'x4O' inclusive of an existing turn around bump out),
and installation of a 14'xl4' gravel pad off the end of the driveway to eventually receive a storage shed
not to exceed that measurement. All work is outside the local 50' No Build Zone.
Project Location:
320 Campbell Road North Andover
Street Address CityfTown
Map 106D Lot 23
Assessors p�t Number Parcel/Lot Number
�afotm2.moc-Determination w Applicability'rev.w1812.020 Page 1mn
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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 projectrelative ho 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 i. Themnaadesuribedonthensfenanoedp|an(s)iaana/eaoub]mcth»protectionundertheAct.
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 an long oo this Determination iovalid.
�l 2b. Theboundadesnfreoouroearmao ||etedbe|ow/onalotnonfirnnadbythiaDeferminaUon.
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
[l 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will mamove, fi||, dredge. or alter that area. Therefore, said work
requires the filing ofo Notice ofIntent.
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[oqui[wn the filing of
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
El 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 orbylaw:
4
Massachusetts Department of Environmental Protection
LlBureau 0f Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131, 840
B. Determination (cont.)
[] 0. The following area and/or work, if any, is subject tVo municipal ordinanoeorbv|awhutlnot
subject to the Massachusetts Wetlands Protection Act:
[] 7. If Notice of Intent is filed for the work in the RiverfruntAu+a described on referenced plan(s)
and dnoumnnKs\.which includes all or part nf 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 noquinamenbo):
� [l Alternatives limited to the lot on which the project is |noated.
Fl Alternatives limited to the lot on which the project im |ocob*d. \homubdivided |ots' andeny
adjacent lots formerly or presently owned by the same owner.
Fl Alternatives |inoihsd h»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.
[] 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|enstheDepadmenthsi|stooctonsuchrequoatwithin35deyuofthedatethe
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.
�l 2, The work described in the Request is within an area subject to protection under the Act, but will
not xonnova, fi||, drodga, or alter that area. Thanaforn, 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 regulations, but
will not alter an Area subject ho protection under the Act. Therefore, said work does not require
the filing ofe Notice of Intent, subject to the following conditions (if mny).
1. Erosion controls shall be installed at the limit of work (outside the 50' NBZ) and shall be
observed by Conservation Dept. at pre-construction meeting. 2. All excavated materials shall be
taken off site. 3. A post-construction meeting with the Conservation DepL shall be scheduled to
verifyih the approved plan and conditions.
F] 4. The work described inthe Request io not within on Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing ofa Notice ofIntent,
unless and until said work alters an Area Subject to protection under the Act.
yvpam,rnr.u"^'Determination of Applicability'rev.emomo Page^m5
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.)
[] 5. The area described |m the Request)s subject tn 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 isrequired:
Xempt Activity(site applicable statuatory/regulatory provisions)
�l 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant toa municipal wetlands ordinance 0rbylaw.
Name Ordinance or Bylaw Citation
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C. Authorization
This Determination is |aeund to the applicant and delivered as follows:
�l by hand delivery on 0 by certified mo||, return receipt requested on
November1 2021
omAe 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 stetubaa, ordinances,
bylaws, orregulations.
This Determination must be signed bya majority ofthuConoan/oUonComnoiegion. Auopyrnuntbesentto
the appropriate DEP Regional Office (see
) andtheproperh/ ovvner(ifdi�arenthnmtheopp|icant).
Issued b the North A d Conservation Commission at its October 27 2021 meeting.
vip"mrmr doe'Determination of**icawo*'"=nnumo20 Page of
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L71Massachusetts Department of Environmental Protection
Bureau 0f Resource Protection - Wetlands
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Massachusetts Wetlands Protection Act M.G.L. C. 131. G40
C. Authorization (cont.)
--------------------
Signature Printed Name
Signature
,rq)7,La
Signature( P Name
'-Y""'.i 117 rx'v"'o I 11",jr,"JL"""p, ...........
Signature/ Printed Name
Signaturi Printed Name
ignature 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
coI�[u�ldy) toieaue 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 CN1R 10.03(7)vvithin 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 |mnot 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.
°pafonn2.woc'Determination m Applicability'rev.6woovm Page om5