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Home My WebLink About1641 Salem Street DOA Negative Determination - Permits - 1641 SALEM STREET 11/16/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 1641 Salem Street, North Andover At the November 16, 2022 public hearing, the North Andover Conservation Commission (NACC) voted to issue an after-the-fact Negative #3 Determination of Applicability filed for unpermitted partial rehab of deck and expansion within the 100' buffer zone to bordering vegetated wetland (BVW), but just outside of the 200-foot Riverfront Area. The original deck was approximately 14' x 28' (which includes the staircase). And the area of expansion is approximately 2' x 14', which also included the installation of new footings. Deck framing and installation of new footings has already been completed. The expansion did not occur any closer to the wetland than existing conditions. At this time, remaining work involves the installation of new railings, decking, lattice, and a garage door below the deck to create a space for storage of snow blower, lawn mower & other equipment. Based on staff measurements, the deck expansion at its closest point is approximately 93-feet from the BVW, and is located just outside of the 200-foot Riverfront Area to Boston Brook. The project will conform to the following: Applicant: Rami RUStUM 1641 Salem Street North Andover, MA 01,845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials submitted: October 31, 2022 Record Plans: GIS Aerial showing proximity of proposed work to the BVW; Deck Framing Plan- prepared by Sabbagh Associates, Inc. Stamped by: Edward M. Sabbagh, PE. Dated: 10/28/2022 The following Special Conditions shall be complied with: 1. A pre-construction meeting shall be scheduled with the Conservation Department to review this permit, inspect the five (5) wetland markers on 4 x 4 posts (As required in the 10/20/2022 Violation Letter), and any remaining deck work, 2. If dumpster is needed, it shall be placed on the paved driveway. 1641 Salem Street-Negative#3 Determination of'Applicability Page I of 2 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 pe�-nit. 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.** 1641 Salem Sireet-Negative#3 Dctermination of Applicability Page 2 of2 4 � Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands P[0teC[iOD Act M.G.L. C. 131, 640 A. General Information Important: When filling out From: � forms onthe North Andover computer, use only the tab ----onservati—n Commission — key to move To: Applicant Property Owner (if different from app|icant): your cursor' do not use the Rnm| Rustum return key. Neme �� Nomo 1841 Salem Street North Andover MA O1845 Ci�Tmwn Smu�� /�m�� ode — ^---�--� 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Deck Framing Plan- prepared bySahbaghAssociates, |nuStamped by: Ro'vd: 10/31/2022 Edward M Sabbagh, PE Dated: 10/28V2022 Dam Gi5Aer|a| K8e u/Measurements to B\8/V Ro'vd: 10/31/2022 itle Date RDA application and supporting Ro'vd: 10/31/22 itle Date 2. Date Request Filed: October 31 2022 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 DetenninmUon. Project Description (if applicable): After-the-fact permit filed for unpermitted partial rehab of deck and expansion within the 100' BZ, but just outside of the 200-foot Riverfront Area. The original deck was approximately 14'x 28' (which includes the abs|rcase). And the area of expansion |s approximately 2' x14^. which also included the installation of new footings. Deck framing and installation uf new footings has already been completed. The expansion did not occur any closer bJ the wetland than existing conditions. At this t|nge. remaining work |OV0|vas the installation of new railings, decking, lattice, and a garage door below the deck to create a space for storage of snow b|ovvar. lawn mower& other equipment. Based on staff measurements, the deck expansion at its closest point is approximately 33-faoLhnm the BVW, and is located just outside of the 2OU-footRivediontAne�to �ontooBrook. Project Location: 1841 Salem Street North Andover Me 1088 Lnt82 vpafmm2.uoc'Determination w*pplmamn*'rev,nnW2mo Page I of 4 � � Massachusetts Department of Environmental Protection � E}U[e@U0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Ll Massachusetts Wetlands Protection Act M.G.[. C. 131` §40 B. Determination (cont.) The following Determination(s) is/are applicable hmthe 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|nhanV or Order of Resource Area Delineation (issued following submittal of Simplified RmvimwANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department ofEnvironmental Protection). R 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Romoving, fi||ing, dred0ing, or altering of the area requires the filing of Notice of Intent. [l 2a.The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefnna, 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 ouch boundaries for ae long as this Determination is valid. Fl 2b. The boundaries of resource areas listed below are not confirmed by this Determination,rogard|eesnfwhetheruunhbnundaries are contained onthep|ono attached to this Determination nr to the Request for Determination. [] 3. The work described on referenced plan(s) and douunmenKe0 is within an area subject to protection under the Act and will remove, fill, dredge, Vr alter that area. Therefore, said work requires the filing of NuUrn of Intent. 4. The work described on referenced plan(s) and doounment(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 orANRAQ Simplified Review (if work is limited to the Buffer Zone). F-I 5. The area and/or work described on referenced plan(s) and clocurnent(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: °pa*,m2.00c'Determination*Applicability^rev.5/18/2020 Page zn/o � 4 Massachusetts Department of Environmental Protection Ll [�UPe8UOf Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131. G40 B. Determination (cont.) E] O. The following area and/or work, if any, is subject to a Municipal ordinance or bylaw but not subject tn the Massachusetts Wetlands Protection Act: Fl 7. If Notice of Intent is filed for the work in the RiverfrontAroa described on referenced plan(s) and documenUs>, which includes all or pad of the work described in the Request, the applicant must consider the following o|harngUv*e. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives naqu|rements): [] Alternatives limited to the lot on which the project in |ncahaU. �] Alternatives limited b)the lot Vn which the project is |oGated, thosubd|v|ded |ots^ andany adjacent lots formerly or presently owned by the same owner. El Alternatives limited ho the original parcel on which the project is |mogbad, the subdivided pance|o, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. E] 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 ia requested tn issue a Superseding Determination of Applicability, work may not proceed on this project un|o«nthoOepadmenthai|nk)actoneuuhrequeotvvithin35dayaofthedetethe 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 |inbad 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. �l 2. The work described in the Request is within on area subject to protection under the Act, but will not nomuva, fiU, dredge. or alter that area. Therefons, said work does not require the filing of Notice ofIntent. 3. The work described in the Request iawithin the Buffer Zone, as defined in the nagu|aUnns, but will not m|byr an Area subject to protection under the Act. Therefore, said work does riot require the filing ofu Notice of Intent, subject to the following conditions (if any). ^^~ SEE ATTACHED LIST OF F|NO|NS & SPECIAL C0NO|T|ONS°°* �] 4. The work described in the Request is not within on Area subject to protection under the Act (including the Buffer Zone), Therehora, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject ho protection under the Act. 4 Massachusetts Department of Environmental Protection ILI [lU[8@U Of ReBOU[C8 Protection - WetlGDd8 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 B. Determination (cont.) �] 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 io required: Exempt Activity(site applicable"""it"a"'tualtoryfi-egulatory provisions) [] 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant toa municipal wetlands ordinance orbylaw. Ordinance or Bylaw Citation ---------------- C. Authorization This Determination is issued to the applicant and delivered as follows: |l by hand delivery on 0 by certified me||, return receipt requested on November21 2022 Date Date This Determination is valid for three years from the data 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, stgte, or local statutes, ondinoncem, bylaws, or regulations. This Determination must be signed hya majority nf(heCnnservation (}nmm|aoion. Acopynoumtbgmentto the appropriate DEP Regional Office (see \ and the property owner(if different from the applicant). 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 ------------- C. Authorization (cont.) -—------------------------ S natu s- ............................ to Printed Name (A 1"I'\bij ................ S ii na Printed1 Na, )G) , Printed Name Pri'nted N e Signature Printed Name ----------------- 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 litt�)s://www.rnass, ov/sei-vice-details/massder)-re aional-officg§,:b - !qoMMunit i y) 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 CIVIR 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.doc-Determination of Applicability-rev.511812020 Page 5 of 5