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Home My WebLink About32 Ashland Street DOA Negative Determination - Permits - 32 ASHLAND STREET 11/16/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 32 Ashland Street, North Andover At the November 16,2022 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #2 Determination of Applicability subject to the conditions listed below for the removal of a rear roof and construction of a wall to create second story bedrooms and a walk-in closet. All work will be completed by hand,no ground disturbance is proposed. Work at its closest point will be approximately 121 feet from the Merrimack River based on Conservation Department staff's site observations. The project will conform to the following: Applicant: Gerrimar Vailante 32 Ashland Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1. and supporting materials submitted: November 3,2022 Record Plans: GIS Aerial showing proximity of proposed work to the river- Dated: 11/16/ 2022, Sotele Vailante Residence Engineered Plan-Stamped by: Charles A Packer, Dated: 08/1.9/2022 `I'he following Special Conditions shall be complied with: I A pre-construction meeting shall be scheduled with the Conservation Department to review means and methods of proposed work. 2. Durnpster shall be placed on the paved driveway. 3. A post-construction inspection shall be held 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 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 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 under the Bylaw and WPA.** 32 Ashland Street-Negative 112 Determination of Applicability Finding&Special Conditions Page I of I 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — De*erm^nat~on of Applicability Massachusetts Wetlands Protection Act M.G.ic. 131, §40 A. General Information Important: When filling out ronn�� forms nnthe North Andover Computer, use nn�the tab Conservation Commission— -- key Nmove To: Applicant Property Owner(if different from epp|kmOA: your cursor du not use the GanimarVai|anha return key. mamo Name 32Ash|mnd Street VQ Mailing Address Mailing Address North Andover MA O181O Qy�owm 7a�e�� Zip Code City/Town s66e--- ~-----� 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: G|5Aeria| showing proximity of proposed work to the river- Ro'vd 11/03/2022 Dated: 11/1O/2O22 Date Snba|e Vmi|anhe Residence Engineered Plan- Stamped by: Charles A Ro'vd 11/03/2022 Paoker, Oated: O8/1S/2O22 Date RDA with sup U tt h t Ro'vd 11/03/22 Title Date 2. Date Request Filed: Nnvnmber3 2022 B. Determination Pursuant to the authority ofK8.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 eppUoab|e>: Proposed work includes the removal of a rear roof and construction of a wall to create second story bedrooms and awg|k-in o|naeL All work will be completed by hond, no ground disturbance is proposed. Work at its closest point will be approximately 121 feet from the Merrimack River based on Conservation Department t ff' site observations. Project Location: 32 Ashland Shaa( North Andover Street Address City/Town Map 17 Lot | � 4 Massachusetts Department of Environmental Protection ' Bureau 0f Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection /\cf M.G.L. c. 131. §40 B. Determination (cont.) The following Detenni nation(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). Fl 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. Fl 2o. The boundary delineations of the following resource areas described on the referenced p|an(a) are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding asto all decisions rendered purmVenito the Wetlands Protection Act and its regulations regarding such boundaries for au long aa this Determination iavalid. 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. Fl 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. �l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject tn protection under the Act. Therefore, said work requires the filing ofo Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). F� 5. The area and/or work described on referenced plan(s) and document(e) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance orbylaw: °wm'*Iu""^Determination m Applicability'rev,m1mz02o Page euo | � 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.) [l G. 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: El 7. If Notice cfIntent is filed for the work in the Rk/erhnnt/\n*a 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 nf alternatives reqoinarnenhs): Fl Alternatives 0nnibad to the lot onwhich the project is |000bad. 0 Alternatives |inl|tgd to the lot oVwhich the project is located, the subdivided |ntg, and any adjacent lots formerly or presently owned hy the same owner. Fl Alternatives limited to the original parcel on which the project is |ooatad, 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 etoha. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department ie requested hoissue a Superseding Determination of Applicability, work may not proceed on this project un|eesthoDopa/tnoentfedshoaotonsuohnequastvvithin35daysofthedatethe request is post-marked for certified mail or 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 m(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. 2. The work described in the Request is within an area subject to protection under the Act, but will not nymove, fi||, dredge. ur alter that area. Therefore, said work does not require the filing of Notice ofIntent. [7 3. The work described in the Request is within the Buffer Zone, as defined in the ragu|etiona, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attachedSpecial C dit| 171 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefnpe, 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. 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.) R 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 a-,pp'lic—ab,lest'atua't'ory/"r"e"g-",uIa—tory provisions) 6. The area and/or work described in the Request is not subject to review and approval by: ---- -------- Name of Municipality 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: 171 by hand delivery on E by certified mail, return receipt requested on November 18, 2022 'bate 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 https://www.mass.gov/service-details/massdep-regional-offices- by-community) and the property owner(if different from the applicant). wpaform2,doc-Determination of Applicability-rev.511812020 Page 4 of 5 4 M assachusetts Department of Environmental Protection ILI �3UP aUQf Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131. §40 C. Authorization (cont.) tna res: :S- , ivl(� �— 0--56p,-� Si Printed Name Si f I"Irinted Name ,,Signature Printed N7., Signaturel "I Printed Narn4-3 Signature Printed Name 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 co [myDitA) to issue a Superseding Determination of Applicability. The request must be made bycertified mail or hand delivery tothe Ompartment, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CK4R 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 aho|| state clearly and concisely the nbionUVns to the Determination which is being appealed.Tothe extent that the Determination is based on a municipal ordinance or bylaw and not on the K400senhuseMm Wetlands Protection Act orregulations, the Department of Environmental Protection has no appellate jurisdiction. °p"m"~z^o"'Determination m Applicability'raw.mmum2o Page nuo