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Home My WebLink About73 Berkeley Road DOA Negative Determination - Permits - 73 BERKELEY ROAD 1/12/2022 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. 840 A. General Information Important: From:VVhen0UnAout forms onthe North Andover computer, use only the tab -----n ----- ion key t»move To: Applicant Property Owner(if different from app|icaDU: yoorcumor- donotmseUhe Sto� ,Realty Trust c/o, Edwin Storey return key. Nan'le Name 73 Berkeley Road VQ M�aii il"ing,-A dd,r-e s s Mailing Address North Andover ��_N1A 01845 CityfTown —Zip Code Cityfrown State _ Zip Code ~---�--� 1. Title and Date (or Revised Date if applicable) Vf Final Plans and Other Documents: RDA application with associated attachments 12-28'21 Title Date Plan nf Land in North Andover 73 Berkeley Road, prepared byMerrimack 12-2-21 Engineering Services, b James K| t ki PL8 �mhy -title ---' 2. Date Request Filed: ' December 28 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): Construction of a 25'x 6' addition to be recessed into the rear of the house, and will be no closer to the wetland than the existing corner of the garage. The addition will be supported by a single hand-dug 12"eunotuho, excavated soil tohe carted away hywheelbarrow. The subject wetland isanIsolated Vegetated Wetland located off property within the Royal Crest Dova|opnnent-thisvveUandinQove,nedby an ORAD issued to Royal Crest in 2019. The sonotube will be 98 feet from the wetland and the addition will be 80 feet from the wetland at its closest point, but existing garage corner is closer(83'). Straw wattle erosion control is proposed along the 50' NBZ Project Location: 73 Berkeley Road North Andover Street Address City/Town Map 47 Lot67 Assessors Map/Plat Number Parcel/Lot NUmber ~naform2.doc'Determination m Applicability'rev,511812020 Page 1 of 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 (cunt.) __._.._..._ 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. 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. ❑ 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 docurnent(s) is subject to review and approval by: blame of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name ordinance or Bylaw Citation wpaform2.doc•determination of Applicability•rev..5/1812020 Page 2 of 5 4 Massachusetts Department of Environmental Protection Bureau Uf Resource Protection -Wetlands � ��U�� o�� *� ~� ��K�^��t~�� K�� U^��~U~�� - - - - - Form' --- -- — Determination- — ' Applicability --'-� � Massachusetts Wetlands P[OfeCti0D /\Ct M.G.L. C. 131, §40 ----------------- B. Determination (cont.) F] K The following area and/or work, if any, ks subject b) a municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: F] 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 nyqwiramenta): [l Alternatives limited to the lot on which the project is located. Fl Alternatives limited to the lot on which the project is |noated, the subdivided |Vts, and any adjacent lots formerly or presently owned bv the same owner. Fl Alternatives limited to the original punoa| on which the project is |000hed` the Subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. [j Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negmdive 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|eoxtheDepertmnentfai|sbmnctonouohrequeatwithin35daymofthedatuthe 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 clocurnent. F1 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. Fl 2. The work described in the Request is within an area subject to protection under the Act, but will not nemove, fi||, dredge, or alter that area. Therefore, said work does not require the filing of Notice ofIntent. 3. The work described in the Request iswithin the Buffer Zone, as defined in the nygu|edione, but will not alter an Area subject to protection under the Act. Then*fore, said work does not require the filing of Notice of Intent, subject tothe following conditions (if any). **See Attached Special Conditions ofA |°- F] 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 UUDg of Notice of Intent, unless and until said work alters an Area subject to protection under the Act. °p"mrm2.do*'Determination m Applicability'rev.a1ouum Page aofs 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands ��U�� .� U��K�~��~�� U~��~l~�� - - - - - Form' -'' -- Determination' — ' Applicability —'--� Massachusetts Wetlands Protection Act M.G.L. C. 131, G40 B. Determination /coDt.\ � [] 5. The area described in the Request ks subject hm protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, oo Notice nf Intent iorequired: Exempt Activity(site applicable statuatory/regulatory FI 6. The area and/or work described in the Request is not subject to review and approval by: a ne of Municipality Pursuant tna municipal wetlands ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination |m issued h»the applicant and delivered nafollows: El bv hand delivery on 0 bv certified mail, return receipt requested on � � O1-2O-22 i oam nm'e 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, ebaha, or local statutes, ordinances, i bylaws, or regulations. This Determination must Le signed bya majority oftheConemvationCommissioO. A(mpym)Vstbe sent to the appropriate DEP Regional Office (see and the property owner(if different from the app|ican8. January 12 3022 4 Massachusetts Department of Environmental Protection []UneGU of Resource P[O[e{tiOD - Wefl8UdS WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131' G40 C. Author'zat~on /cOOt.\ Signaltures: -§�Ig—n Printed Name Signature Printed Name Signgure( rrirted Name- Signatu Print Signature Printed Name Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner nfland 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 hn request the appropriate Department ofEnvironmental ProtectionRegional Office ( al-offices-by- community) tumuue a Superseding Determination orApplicability. The request must oo made oycertified 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 ia not the appellant. The request shall state clearly and concisely the objections tothe Determination which is being appealed'. To the extent that the Determination in based on n municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department mf Environmental Protection has no appellate jurisdiction. wpaform2,doc'oeterm/naoonwApplicamlity'"m5/18/2020 page 5mv