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Home My WebLink About634 Salem Street DOA Negative Determination - Permits - 634 SALEM STREET 4/26/2023 i CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 634 Salem Street, North Andover At the April 26, 2023 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative#3 Determination of Applicability approving the project at 634 Salem Street based on its findings below and subject to conditions listed below. The overall proposed project entails: full reclaim and repaving of the existing driveway in a slightly smaller footprint. The very northwest corner of the driveway is approximately 11 feet from the edge of wetland at its closest point based on Conservation Administrator site measurements(site contains an intermittent stream at the rear and associated BVW in an irregular pattern). Approximately 300 s.£ of the driveway that is closest to the wetland will be eliminated, and that footprint will be loamed and seeded. This would place the edge of the driveway at 25 feet from the wetland at the closest.The applicant has submitted a waiver request for approval for this work and the NACC voted to grant the waiver recognizing that the new limit of paving will bring the driveway into compliance with the 25'NDZ, and that to remove the pavement in this footprint will require work in that zone. Erosion controls will be implemented to encompass the entire limit of work on the wetland side of the driveway, The project shall conform to and comply with the following: Applicant; Benjamin Jurcic 634 Salem Street North Andover,MA 01845 Record Documents; Request for Determination of Applicability Form 1,with supporting materials, submitted: April 12,2023; Record Plans: Figure 1 —634 Salem Street Request for Determination—Annotated Aerial Map The following special conditions are inandated: 1. Prior to work commencing, 12" staked mulch-filled sock shall be installed,and a pre-construction meeting shall be held with the Conservation Department, applicant and paving contractor. 2. Once the driveway is reclaimed, the 25'NDZ shall be marked off to ensure that new paving remains at that limit,this measurement shall be verified with the Conservation Department. 3. Upon complete stabilization of disturbed areas, a post construction meeting with the Conservation Dept. and the applicant shall be held to approve removal of erosion controls. ** The applicant, and their contractors are advised that NO other work on the property is allowed under this ermit. Tlie NACC has 'urisdiction over all of the wetlands and associated 100-Foot buffer zones on site and an 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. 634 Salem Street Negative 93 Determinatim of Applicability—Findings&Special Conditions Page 1 of I 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands IIVPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L, c. 131, §44 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Benjamin Jurcic _ return key. Name Name 634 Salem Street lay ......- ---- ---,_.___.,__ ._._.......,_.__.__...._._ ..............__ , Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip.Code City/Town State Zip Code ran 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Figure 1 634 Salem Street Reqest for Determination -Annotated Aerial Map 04-06-23 Title - Date RDA and associated supporting materials Rc'vd 04-12-23 Title Date Title Date 2, Date Request Filed: April 12, 2023 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 Determination. Project Description (if applicable): Full reclaim and repaving of the existing driveway in a slightly smaller footprint. The very northwest corner of the driveway is approximately 11 feet from the edge of wetland at its closest point based on my site measurements (site contains an intermittent stream at the rear and associated BVW in an irregular pattern). Approximately 300 s.f. of the driveway that is closest to the wetland will be eliminated, and that footprint will be loamed and seeded. This would place the edge of the driveway at 25 feet from the wetland at the closest. Project Location: 634 Salem Street North Andover Street Address Cilyrrown Map 65 Lot 44 Assessors Map/Plat Number Parcel/Lot Number wpaformIcloc Oeterminstlon of Applicability-rev.5/1 812 0 2 0 Page 1 of 5 4 LlMassachusetts 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.) 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. ❑ 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. ❑ 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 v._._.. Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc Delerminalion of ApplicabRy rev,6/18/2020 Page 2 of 5 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.I . c. 131, §40 B. Determination (cunt.) ❑ 6. 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: ❑ 7. if a Notice of Intent is filed for the work in the Riverfront Area 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 of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner, ❑ 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. ❑ 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 unless the Department falls 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 of this document. ❑ 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 remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 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 of a Notice of Intent, subject to the following conditions (if any). **See Attached Findings & Special Conditions** ❑ 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 an Area subject to protection under the Act. wpaform2.doc Determination of Applicability•rev.511812020 Page 3 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 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 is required: Exempt Activity(site applicable statuatorylregulatory 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: ❑ by hand delivery on ® by certified mail, return receipt requested on May 2, 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:llwww.l-nass.gov/service-detaiIs/massdep-regional-offices- by-community) and the property owner(if different from the applicant). wpaform2.doc•Determination of Applicability•rev.5/18/2020 - Page 4 of 5 I LlMassachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municlpaliiy C. Authorization (cant.) 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. As noted above, 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) on the same date that the Applicant is issued this Determination. Issuing Authority - 76—r"es' St"na re Printed ame -- - Signature Printed Name Signature Printed Name _ Signature - ; Printed Name Signature Printed Name Slgn,�ture Print d N me 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 https°/lwww.mass.goviservice-detailslmassdep-regional-offices-by- 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. wpaform2.doe-rev.411212023 WPA Form 2—Determinaiion of Applicability•Page 5 of 5