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Home My WebLink About159 Appleton Street DOA Negative Determination - Permits - 159 APPLETON STREET 10/26/2022 0 CONSERVATION DEPARTMENT C ontirtunity Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 159 Appleton Street, Nortll Andover At the October 26, 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 159 Appleton Street. The following is a description of site observations, and proposed project overview: The project involves the in-kind replacement of all existing 135 square foot deck and 15 riser stairway.The original deck was built in late 1970's and the existing footings are in disrepair, and will be replaced with hand dui 12" diamond pier'DP-50 precast concrete footings(4' below grade), which will cause minimal soil disturbance or impact. The existing deck will be disassembled by hall(] and carried to the dunipster on the paved driveway.New decking materials will consist of PVC, metal rails& baluster assemblies. All decking materials will also be stored oil the paved driveway. Based on Conservation Department staff measurements, a corner of the deck is approximately 30-feet from the BVW at its closest point and the Commission acknowledges that the house and (leek were built in 1975, therefore pre-dating the local wetland Bylaw and Regulations. The project will conform to the following: Applicant: Barbara Drummond 159 Appleton Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: October 11, 2022; Narrative of pi-oposed project Record Plans: TMK Remodeling Deck Plans for D111minond Residence- 159 Appleton St,dated 09-23-22; 'I'MK Remodeling; GIS Aerial plan w/staff measurements to BVW, (fated 09-23-22 The followinjZ special conditions are mandated: 1. A pre-construction inecting 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 (8" Mulch socks-staked &overlapped). 2. Dumpster for demo materials and storage of construction materials shall be placed on the paved driveway. 3. A post-construction Inceting with the Conservation Department shall be held to verify compliance and approve removal of erosion controls. 'File am.Ligintand their contractors are advised that NO other work oil the property is allowed under this permit. The NACC has jurisdiction over all of"tile wetlands and associated I 00-Foot buffer zones oil site aii-cf-ally work that involves ground disturbance or changing the current conditions in these arras will require permitting with the NACC. This includes, but arenot limited to, house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and bridge installation, tree or vegetation cutting/pruning. Negative 113 Determination of Applicability—159 Appleton St. Page I ol'i 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 onthe North Andover computer, use only the tab -----' ----- ion key t»move To: Applicant Property Owner(if different from app|icanU: your cursor- dmm8 use the Barbara Drummond return key. Name Numo 15B Appleton Street VQ Mailing Address Mailing Address North Andover MA O1845 Cityrrown ��_ State__ Zip Code --------' 1 Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: TMK Remodeling Deck Plans for Drummond Residence- 15S Appleton St, Rcvd1O-11-2O22 dehadOQ'23-22 TyNK Remodeling G|S Aerial plan w/staff measurements toB\NV. dated 09- Rcvd1O-11'2O22 23-22 Dm!a RDA with supporting materialsRcvd10'11-2O22 Title 2. Date Request Filed: October 2O22 ---------------------- B. Determination Puruuanthodheouthohb/ofK8.G.Lc� 131^ Q4O. thaConnemotionCnmmimmionoonaideredyour Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The projectinvn|vesthein'kindnap|am*nnantnfanex|oUng135equanahzotdeohmnd15riear stairway. The original deck was built in late 1970's and the existing footings are in disrepair, and will be replaced with hand dug 12" diamond pier DP-50 precast concrete footings (4' below grade), which will cause minimal impact. The existing deck will be disassembled by hand and carried to the dumpster on the paved driveway. New decking materials will consist nfPVC, metal rails& baluster assemblies. All decking materials will also be stored on the paved driveway. Based on Conservation Department staff measurements, work will be occurring approximately 30-feet from the BVW at its closest point. Tile Commission acknowledges that th h Ud k built i 1975 Project Location: 159A |gbpn8tneet North Andover Street Address Cityrrown Map 37B Lot58 4 Massachusetts Department of Environmental Protection UKe@UDf Resource Protection - Wetlands �� 0�� w� ~� ��m^�K��^K��~�� U^K��^U^�� - _ Form -_ Determination_ - Applicability __--� Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B. Determination (cont.) The following Dehemninadon(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). El i. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering nf the area requires the filing ofo Notice ofIntent. 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 as long om this Determination iovalid. ��......... ' 1771 2b. The boundaries ofresource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or h)the Request for Determination. Fl 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will rennnve, fi||, dnadge, nr alter that area. Thereh)re, said work requires the filing of Notice of Intent. �l 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. Thenefnne, said work requires the filing of Notice of Intent orANRAD Simplified Review(if work is limited k)the Buffer Zone). F] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: me Of MUnicipality Pursuant to the following municipal wetland ordinance or bylaw: -Name....... Ordinance or Bylaw Citation w=m,°u*=^Determination"/Applicability'rev,5/18/2020 Page zofs 4 LlMassachusetts Department of Environmental Protection Bureau Uf Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131. §40 B. Determination (cont.) Fl 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject hn the Massachusetts Wetlands Protection Act: 1771 7. If Notice of Intent is filed for the work in the RiverfrontAnee described on referenced plan(s) and clnnument(s). which includes all or part ofthe 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 requirements): 171 Alternatives limited to the lot nnwhich the project is located. E] Alternatives ||nn|ted to the lot nDwhich the project is located, the subdivided lots, and any adjacent lots formerly ur presently owned by the same owner. F� A|harnsdivaa limited to 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. F] 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|ensthaOepartnoenthmilstnootnnnuohrequeetvvithin3Sdeyanfthedatethm 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. Fl 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 remova, fiA, dredge, ur alter that area. Tberefore, 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 raQu|aUonm, but will not alter an Area subject to protection under the Act. Thgreh»ra, said work does not require the filing ofa Notice of Intent, subject to the following conditions (if ony). °^^SEE ATTACHED LIST OFCOND|T|()NS°^° 4. The work described in the Request is not within an Area subject to protection Linder the Act (including the Buffer Zone). Therefore, 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. wpa*,mo*='v"mnnmou"nm Applicability'rev.m1vmom Page 3mo 4 Massachusetts Department of Environmental Protection [�UneGUDfResource Protection -Wetlands �� (�� .� D��^��t~�� U~��^U~�� - - - -- Determination' — - Applicability --'-� Massachusetts Wetlands Protection /\Ct M.G.L. C. 131, &40 B. Determination (cont.) F] 5. The area described in the Request hs subject b) protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified |n the Act and the regulations, no Notice of Intent iorequired: F] 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant tua municipal wetlands ordinance nrbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as fu|lovve [] bv hand delivery on k1 ' by certif d mail, return receipt requested on 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, steta, or local statutes, ordinancea, bv|avvm. or regulations. This Determination must be signed byo majority oftheCmneen/aUonCummi;aion. Aoopynnuatheaanttu the appropriate DEP Regional Office(see ) ondthepropertyownnr(ifd|ffe/entfromthgopp|ioan0. °pafor"o,uGc'Determination m Applicability'rev,5/1812020 Page 4m5 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands ��8�� K�� .� K��K�~��~�� of Applicability - - - - - Form Determination' — ' ' 'm-o-- ---�� Massachusetts Wetlands PFOf8CtiOD /\Ct M.G.L. C. 131, §40 C. Jbuthor^zation (cont.) natu Signatur9,-P4,,, Printed Name Signature ,.C— Printed Name Signature PrInted Name ignature 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 (nee ) tnissue 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 tirne 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.