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Home My WebLink About29 Blueberry Hill Lane DOA Negative Determination - Permits - 29 BLUEBERRY HILL LANE 1/11/2023 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 29 Blueberry Hill Lane,North Andover At the January 11,2023 public hearing,tile Nortli Andover Conservation Commission (NACC)voted to issue all after the fact Negative#3 Determination of Applicability approving the project at 29 Blueberry Hill Lane based oil its findings below and subject to conditions listed below, 'I'lic proposed work incindcs: trenching and installation of a drainage pipe connected to the gutter downspout and foundation drain, removal of existing brick patio miderlicatil the existing deck, soil excavation in preparation for the installation of a new and expanded patio, as well as a black metal fence that was installed within the limits of tile lawn (which appears to have been in place for a period of time). Work at its closest point is located approximately 59-feet from the Bordering Vegetated Welland(BVW) at its closest point. 'I'lle project shall conform to and comply witli the following: Applicant: David Givner 29 Blueberry Hill Lane North Andover, MA 01845 Record Documents: RcqUCSt for Determination of Applicability Form 1, with supporting materials, submitted:November 1, 2022; Record flans: GIS Aerial with meastirernents,to the wetland; Sketch showing proposed expanded patio, associated drainpipe and splash pad. The following sl)ecial conditions are inandated: I. A pre-construction meeting by the Conservation Department shall be lield to review the conditions of this determination, and to ensure that erosion controls are still ill place. 2. Any excess soils from the trench, patio and drywell excavation shall be taken off site,and bare soils shall be seeded. 3. The proposed patio tinder the deck shall be constructed using pernicable pavers, and polymeric sand shall NOT be used. 4. post construction meeting shall be scheduled to verify compliance and approve removal of erosion controls once all areas of distni-bance have hilly revegetated. 'I'licapplicant, and their contractors are advised that NO otlier 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 clean gin g the current conditions in these areas will re( permitting with the NACC.Tliis includes, bill are not limited to, Noose additions, pools, patios, decks, sheds, fences, gardell beds, landscaping and bridge instqj_jAtjo ,tr e or vegetatio --cutting/1 niming. Tliese activities sliall be lield to the current standards tinder the Bylaw and WPA. 2913lueberry Hill Lane Negative 113 Determination of Applicability—Findings&Special Conditions Page I of I 4 Massachusetts Department of Environmental Protection L71� BU[8BU of Resource Protection - WetlaDds �� _ U��K�~��~�� U~��^U^�� - _ Form __ Determination_ ' Applicability __--� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out form"on the North Andover Computer, use only the tab -----n ----- ion key t»move To: Applicant Property Owner(if different from amdicanU: Your cursor- do not use the DavidGivng return key. Nm� Na � 29B|ueher HiUL VQ Mailing Address Mailing Address North Andover MA��_ O1845 CityfTown �"ate__ Zip Code �---�---~ 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Sketch showing proposed expanded patio, drywa|| & associated drainpipe Rcvd11-1-22 and splash pad oo(e GIS Aerial with measurement to wetland Rovd11-1-22 -fit-le Date RDA and associated supporting tah | Rovd11-1-22 Title Date 2. Doha Request Filed: November1 2022 B. Determination Pursuant hothe authority ofM.G.Lo. 131. §4O. the Conservation Commission considered your Request for Determination uf Applicability, with its supporting doounlentabon. andmaUeUhehdWvvng Determination. Project Description (if app|kcoble): The proposed work includes: trenching and installation ufadrainage pipeconnected ho the gutter downspout and foundation doain, removal of existing brick patio underneath the existing deck, soil excavation in preparation for the installation of a new and expanded patio, as well as a black metal fence that was installed within the limits of the lawn (which appears to have been in place for a period of time). Work at its closest point is located approximately 59-feet from the Bordering Vegetated Wetland (BVW) at its o|onnat point. | � Project Location: � 20 Blueberry Hill Lane North Andover Street Address City/Town W1a 98C Lot103 ' -AssessorsMap/Plat.,~.'.~ Parcel/Lot.,....~~. ~n"w"u»c,c'Determination m Applicability'rev.m1o12o o Page Im5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands `~ WPA Form 2 — Determination of Applicability r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cone.) 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. 17-71 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. 1771 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.5/18/2.020 Page 2 of 5 4 Massachusetts assachusef�/ DepartNent of ��nViroMY�ental ��yotec�K�n UPeGQOfF�es0U[ceP[OtectiOO - \�/efGOdS�N�� .� K��~��^�� U~��^U~��- — -- — -- — - ' -u-n- — '-�Wetlands Protection Act M.G.L. O. 131. @40 B. Determination (cont.) [] 6. The following area and/or work, if any, is subject toe municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: F] 7. If Notice of Intent is filed for the work in the RiverfrondAreo 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 b>the wetland regulations at1O.5O(4)c. for more information about the scope of alternatives requirements): | � [] Alternatives limited to the lot on which the project is located. � �l AK�rnoUven |hn�adho0hab�un �h�hUh� ��o ie |ooabeU. Nheeubdk/N�d �t lots, ! __ project � adjacent lots formerly or presently owned bv the same owner. � ! Fl Alternatives 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. �l Alternatives-- ' | region of the state. � Negative Determination Note: No further action under the VVeUgnda 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 unless the Department fails to act on such request within 35 days of the date 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 listed at the end nf this document. 1. The area described in the Request ia not anarea subject tu protection under the Act orthe � Buffer Zone. / 2. The work described in the Request is within an area subject to protection under the Act, but will � not nemows. U||, dredge, or alter that area. Therefore, 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. Therefnre, said work does not require the filing ofa Notice of Intent, subject to the following conditions (if ony). ***SEE ATTACHED LIST OF FINDINGS & SPECIAL CONDITIONS*** [l 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters en Area subject\V protection under the Act. wpaform2.doc-Determination of Applicability-rev.5/18/2020 Page 3 of 5 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 (cunt.) ❑ 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: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. -Na" .......................................... . ...... ........_ ........... _..._. ..._ -_.... _ _...._.._ ....._.. _._....... . ....._ me Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on January 18, 2023 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 https::// .mass.gov/service-detaii4s/massdep-regional-offices- corTimunity) and the property owner(if different from the applicant). wpaform2.doc•Determination of Applicability•rev,5/18/2.020 Page 4 of 5 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determ~nat~onof Applicability Massachusetts Wetlands Protection Act M.G.[ c. 131, &40 C. Authorization /cdn[\ � ----- Signatures: Signatu Printed Name Signature Printed Name POnted Name Sign Printed N'T'* Signature Printed Name D. Appeals The applicant, owner, any person aggrieved bv this Determination, any owner of land abutting the land upon which the proposed work in to be done, or any ten residents of the o|b/or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental P[0te(diO0 Regional Office (see co [rniLfty\hu issue a Superseding Determination of Applicability. The request must be made bvcertified mail or hand delivery to the Deportnoent, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Tnanennitho| Form)as provided in 310 CK4R 10.03/7\Yvithin ton business days from the date of issuance of this Determination. A copy of the request shall et 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 tothe Determination which is being appealed. To the extant that the Determination is based on a municipal ordinance or bylaw and not on the K4am000hVme#s Wetlands Protection Act orregulations, the Department of Environmental Protection has no appellate jurisdiction. wnau,mcum'Determination"/Applicability^rev.51/812020 Page omo