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Home My WebLink About901 Johnson Street DOA Negative Determination - Permits - 901 JOHNSON STREET 10/12/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 901johnson Street, North Andover At the October 12, 2022 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project subject to conditions for work at 901 Johnson Street. The following is a description of the proposed project: 0 Proposed work includes the removal &replacement of an old brick walkway & steps at the front of the house, located outside the 50' NBZ but still in the 100' BZ. Installation of a new stone paver patio (measuring over 300 SF) at the rear of the house in an area of lawn, with an 8" crushed stone drip edge proposed around the perimeter. The proposed patio is located Mg outside of the 50' No-Build Zone. Access to the patio work area is proposed from the end of the driveway through the back lawn area. This is the only access point, as the septic system is located at the front of the house. The house was built in 1981, putting it within the 50' NBZ, and portions of the original lawn, deck, driveway within the 25'NDZ. A soil stockpile area is proposed along the side of the house, outside of the 50' N13Z. A small excavator is proposed to accomplish all proposed work. 0 The project will conform to the following: Applicant: Matthew Fiore 901 Johnson Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: September 28, 2022 Narrative of proposed project Record Plans: Existing Site Plan 901 Jolmson Street, Prepared By: LeBlanc Survey Associates, Inc. signed and stamped by Vernon J. LeBlanc, scale 1"=20' Dated: September 2, 2022 Proposed Site Plan 901 Johnson Street, Prepared By: LeBlanc Survey Associates Inc. signed and stamped by Vernon J. LeBlanc, scale 1"---20' Dated: September 7, 2022 The following special conditions are mandated: 1. Pre-construction meeting with the Conservation Department, homeowner and contactor shall be scheduled to review conditions of this permit, means and methods of work to be performed & inspection of erosion controls (81' intilch-filled socks -staked & overlapped). Negative#3 Determination of Applicability—901 Johnson Street Page 1 of 2 Please note that the straw wattles from the deck project cannot be used for this work, as equipment will be used & more extensive ground disturbance is anticipated. 2. Since the proposed patio work will be occurring right up to the 50' No-Build Zone, prior to any work on the patio, the patio corners shall be shall be surveyed and flagged/staked in the field with an adequate number of 5-foot off-set stakes on the wetland side. Staking shall reviewed by Conservation Department staff to verify that all of the patio footprint and installation will be occurring outside of the 50' No-Build Zone. 3. Post-construction meeting with the Conservation Department to verify compliance and approve removal of erosion controls. The applicant, 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 I 00-Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require ermitting 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 tinder the Bvlaw and WPA. Negative 113 Determination of Applicability—901 Johnson Street Page 2 of 2 4 Massachusetts Department of Environmental Protection Bureau OfResource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[ C. 131' §40 A. General KK0fm'r00at^on Important: When filling �ron1� nAout � forms onthe North Andover computer, use only the tab co"nstery key to move To: Applicant Property Owner(if different from opp|iumnU: your cursor- do not use the Matthew Fiore return hey. Name Name 3O1 Johnaon S�oeot VQ M North Andover MA 0184� Cityrrown ��_ p Code _siate__ -tip Code ~---~�---� 1. Title and Date (or Revised Date ifapp||ooU|e) of Final Plans and Other Documents: RDA and g dimaterialsRcvd: 09/28/22 -- Title Date Existing,Site Plan, Prepared B LeBlanc Survey, Dated: 0002/2032 Rcvd: 09/28/22 Tb|a Date Proposed Site Plan, Prepared B LeBlanc Survey, Dated: 09/07/2022 Rcvd: 09/28/22 T(Ue ooro 2. Date Request Filed: September B. Determination Pursuant to the au8)nrhv of M.G.L. o. 131, § 40. the Conservation Commission considered your Request for Determination nf Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Proposed work includes the removal & replacement ofan old brick walkway & ebapa at the front of the house, located outside the 50' NBZ but still in the 100' BZ, Installation of a new stone paver patio (measuring over 300 SF) at the rear of the house in an area of lawn, with an 8" crushed stone drip edge proposed around the perimeter. The proposed patio is located just outside of the 50' No-Build Zone. Access to the patio work area is proposed from the end of the driveway through the back lawn area. This is the only access puint, as the septic system is located ot the front ofthe house. The house was built in 1981. putting it within the50' NBZ, and portions of the original lawn, deok, driveway within the25' NDZ. A soil stockpile area is proposed along the side of the house, outside of the 50' NBZ. A small excavator is proposed to accomplish all proposedvvork Project Location: 901 Johnson Street North Andover reet Address City/Town Map 107A Lot 156 4 ��assachuse�s Depa�M�e0tof ��0vimonN0eMtaK ��yo��c��n F�ILI [�UVeGU of Resource Protection - \�/eƒl@OdS ��k�� Form2 ~� ��~��^��n ��f ��pU^cab~U~ty MaSs8chUsetts 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 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 nf 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 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. [l 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 au long eo this Determination ievalid. Fl 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. F� 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 Notice of Intent. 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 requires the filing of Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone), E] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: a me of Municipality Pursuant to the following municipal wetland ordinance nrbylaw: wpaforrn2.um'mete^m^ationuxppl^abmw'rev,5/18/2020 Page xwo 4 Massachusetts assachuse�s DepaKbment0f ��nviron0Nental ��yotec��n UPeaUoJResVU[ce [z[ote[ti0O -\�/e[laOds �0�� _ U��~��*~�� DU~��~U~��- - — '- -- — ' - — - - -u-n- — --�WeflaDds Protection Act M.G.L. c. 131. §40 B. Determination (cont.) [] 8. The following area and/or work, if any, is Subject hoa municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: [] 7. If Notice of Intent is filed for the work in the RiverhnntAnea 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)o. for more information about the scope of alternatives requinemnenta): �] Alternatives limited to the lot on which the project is |noa(ed. �] Alternatives limited to the lot on which the project is |noabsd, the subdivided lots, and any adjacent lots formerly nr presently owned bv the same owner. [] Alternatives limited ho the original parcel on which the project is |nnated. 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 ie requested (o issue a Superseding Determination mf Applicability, work may not proceed on this project un|esetheDepartmenths||etoeotVneuohrequmstvvMh|n35daysofthe date the request is post-marked for certified mail nr hand delivered tothe 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. 17 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. El 2. The work described in the Request is within an area subject to protection under the Act, but will not ramuve, fill, dredge, or alter that area. Therefooa, said work does not require the filing of Notice nfIntent. 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 ony). ^°^PLEASE SEE ATTA�HED LIST[)F {�ON0T|ONS°°° �l 4. The work described in the Request is not within an Area subject to protection Linder the Act (including the Buffer Zone). Therefona, said work does not require the filing of Notice of Intent, un|aen and until said work alters an Area subject to protection under the Act. 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 (cont.) El 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 regulations, no Notice of Intent is 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: -i�a—me o f-Municipality"v"'' —------ Pursuant to a municipal wetlands ordinance or bylaw. - — ----- - --- - -- - ----------------------------------------------- Name Ordinance or Bylaw Citation ............. C. Authorization This Determination is issued to the applicant and delivered as follows: 1771 by hand delivery on R by certified mail, return receipt requested on October 19, 2022 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, ordinances, 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 l-offices- t��uity) and the property owner(if different from the applicant). ............. vipaform2.doc-Determination of Applicability-rev.5/18/2020 Page 4 of 5 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cant.) Signatures: t Printed Narne y _ 1,., L�I to P inted N ...._ � ame gy g _._ _..._..._._.__...� Printed Na e -St nature ,.. �., ; Pr d� me Signature � � / n��d is� �.,�� ., Slgnatu€e�, _ 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 htt s:// .mass. ov/service-details/massde -re ionaI-offices-b - community)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 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. vpatorm2.doc-Determination of Applicability-rev.5/18/2020 page 5 of 5