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Home My WebLink About767 Great Pond Road DOA Negative Determination - Permits - 767 GREAT POND ROAD 1/12/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 767 Great Pond Road, North Andover At the January 12,2022 public hearing, the North Andover Conservation Corrunission (NACC) voted to issue a Negative#3 Determination of Applicability for the in-kind replacement of an existing 23- foot by 1.0-foot concrete patio with a paver patio in the same footprint and the repair of an associated concrete retaining wall. All work will be performed by hand and accessed from the driveway/ most upland side of the house. No cliff hng oK_gr-qun t disturbance shall occur on the wetland side of the retainng wall, At its closest point, work will occur approximately 20-feet from the Isolated Vegetated Wetland (IV W) on the property. The project will conform to the following: Applicant: Mr.James Boyle &Ms. Bronwyn Boyle 767 Great fond Road North.Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, Project description, abutter notification, a copy of filing fee check,Norse Environmental Welland Report submitted: December 23,2021 Record Plans: 767 Great Pond Rd-Patio Replacement Sketch by James Boyle 'The applicant,homeowner and their contractors are advised that NO other work:on the property is allowed. Linder this permit. The NACC has jurisdiction overall 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 riot 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 following Special Conditions shall be conw ied with: 1. A pre-construction meeting shall be scheduled with the Conservation Department to review the conditions of this permit and observe/adjust installed erosion controls that must consist of 12" mulch socks,staked & overlapped. 2. NO construction equipment shall be used on site to accomplish any of the work,all work shall be accomplished by hand. 3. A post-construction inspection shall be held with the Conservation Department to verify compliance. --- _ - 120 Main Street,North Arrdo cr,\hmachuscttts M815 Phone 978.688,9530 !xx 918.688,9542 VWOY'tz'.11t)rk}1'.4r1C1S)4'C'C'Ik'N$l.f�/4V 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 A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab -----n ----- ion key hmmove To: Applicant Property Owner(if different from app|kmnU: your cursor- do not use the James & Bronwyn Boyle return key. Noma Nmmv 767 Great Pond Road Q Mailing Address Mailing Address North Andover MA O1845 ��_ Zip Code City/Town State_ Zip Code - ^---�---' 1 Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: � RDA Application with associated narrative and attachments Rcvd 12-23`2821 Title Date 787 Great Pond Rd Patio Replacement Sketch prep. by James Boyle Rcvd12'23-2U21 Title oo8a � /ma Date � 2. Date Request Filed: December B. Determination Pursuant tothe authority ofM.GLc131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): In-kind replacement ofon existing 23-footby1O'fomt patio and the repair nfan associated concrete retaining wall. All work will be performed by hand and accessed from the driveway/most upland side of the house. At its closest point, work will occur approximately 20-feet from the Isolated Vegetated Wetland UVVVthe property Project Location: 787 Great Pond Road North Andover Street Address CityrTown 103 110 Parcel/Lot Number °p°m"m2,moc'Determination m Applicability'rev.u1mm2o Page Iuo 4 Massachusetts Department of Environmental Protection ---- Bureau of Resource Protection - Wetlands ` WPA Form 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 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 wpaform2.doc•Determination of Applicability-rev.5/18/2020 page 2 of 6 4 Massachusetts Department of Environmental Protection � Bureau Of Resource Protection - Wetlands � WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 B. Determination (cont.) �l 8. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: F-1 7, |fa Notice of Intent is filed for the work in the Rk/erhont Area described on referenced p|an(a) 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 roquirennemte): El Alternatives limited hothe lot on which the project is located. F] Alternatives limited to the lot onwhich the project is |ocated, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. El Alternatives limited to the original parcel on which the project is |ooated, the subdivided parcels, any adjacent and any reasonably | ' � the municipality. | [1 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, ifthe Department is requested to issue e Superseding Determination of Applicability, work may not proceed on this project un|eeetheDepartmenifai|s tn act on such request within 35 days ofthe dote 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 |iehad ot 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. �l 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 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 to protection under the Act. Therehzve, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ^^See Attached Special ConditionsfA !^° �l 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Thenefooa, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject to protection under the Act. v�pm,m2,mn'Determination m Applicability'rev.m1mzmo Page o*x 4 [�assachuset�/ ��epartMeQt of ��nviM0M00e0Val ��Ko��cfi��M [�U[H@U0fF�eG0U[c8P[OhediOO - Wetlands ��K�� /�� ~� K��^��~�� A��U~��~U^�� - �� Determination— .- w- - --'-� � A�aSSGchUsettSWe[laDds Protection Act M.G.[ C. 131. §40 B. Determination /cC)nf.\ Fj 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, au specified |n the Act and the regulations, no Notice of Intent igrequired: e applicable statuatory/regulatory provisions) �l 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant toa municipal wetlands ordinance orbylaw. C. Authorization This Determination io issued to the applicant and deMvenadasfollows: [l bv hand delivery on 0 by certified mail, return receipt requested on � U1-2O-22 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, uodinances, bylaws, or regulations. This Determination must be signed bya majority oftheConson/etionCommius(on. Aoopymustbnsentto the appropriate DEP Regional Office (see \ undthepnnpedyowner(i[differenthnnnthaapp|imnnt). °n"formzuoc'Determination m Applicability're"511812020 Page 4o/e 4 ILIMassachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §4O C. Authorization (cont) 14 Signature Printed Name Signature 7 rinteq Name Signature Printed,Name Printed Name Signature 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 {}Oi (see https://www,mass.gov/service-detaiIs/massdep-regional-offices-by- community) tvmoueuoupe'uuuo/Huen,///m/uuu// u/ Apyocummy. The request must oe 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 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. wpaform2.d"'Determination mAppkabdity'rev.m,8/2020 Page nmn |