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Home My WebLink About10 Johnson Street DOA Negative Determination - Permits - 10 JOHNSON STREET 6/14/2023 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 10 Johnson Street,North Andover At the June 14, 2023 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability approving the project at 10 Johnson Street based on its findings below and subject to conditions listed below. The RDA application, filed by Andover Consultants on behalf of the homeowner Michael Donovan,proposed the following project elements: demolishing the front porch (open below and enclosed on the 2nd story) and reconstructing in the same footprint. Existing supporting foundation is in good shape and will not be touched, no ground disturbance proposed (or allowed under this permit). The wetland resource area consists of bank to an intermittent stream that runs east between Great Pond Road and Stevens Street. The house was constructed in 1920 (or before), accordingly, the porch is—46 feet from the bank of stream based on staff field measurements. The Commission found that since the porch pre-dated the Wetlands Bylaw, and that the footprint will not change, a waiver was not necessary. Other activities include new exterior trim, new siding, and the salvaging, installation, and repair of the existing porch brackets. Addition of 5" gutter and 3" downspout- discharging onto the lawn on the right side of the property. ** The applicant, and their contractors are advised that NO other work on the 1rLoperty is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated I00-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 patiQ& decks, sheds, fences, garden beds, landscaping a% bridLye_installation tree or vegetation cuttin /primiry. These activities shall be_held_to the current standards under the Bylaw and WPA. The project shall conform to and comply with the following: Applicant: Michael Donovan 10 Johnson Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: May 31, 2023 Record Plans: Elevation sheets and framing plans, dated October 25, 2022; Aerial. GIS map depicting measurement to wetland The following special conditions are mandated: 10 Johnson Street Negative 113 Determination of Applicability--Findings&Special Conditions Page I of 2 I. The 8" mulch sock shall be installed between the work and stream bank, and a pre- construction inspection shall be held with the Conservation Department, the homeowner and contractor. 2. Gutter discharge on the stream side shall receive a rip rap splash pad—2'x2' with 4"- clean crushed stone. 3. If the support footing needs to be rehabilitated in any way, the applicant must come back before the Commission for further review for that work. 4. A post construction inspection shall be held with the Conservation Department to verify compliance and approve EC removal 10 Johnson Street Negative#3 Determination of Applicability Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection LBureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L c. 131, §40 Municipality A. General Information Important: When filling out From: forms on the computer,use only North Andover the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): ray Michael Donovan ....................... _Kan"ne . ... ... Name 10 Johnson Street 'M ............ ..... ai ing Address Mailing Address . North Andover' MA 01845 City/Town State, Zip Code City/Town State Zip Code — W Phone Number Phone 6M6er Email Address Email Address(if known) 1 Project Location: 10 Johnson Street North Andover Street Address City/Town How to find Lafltude 0,6060 --71�11200, and Lon it, -catit"u-Je(--Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 96 Lot 23 decinnalAqgLees .............Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: M ------------- 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): _ftaziqg_and reconstruction of a front p9rch, new siding, exterior trim and gutters; ----------- ------- --- Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: -RDA application with supporting materials ---- 5-31-23 Title Date Elevation and framin sheets 10-25-22 Title hate Aeria► GIS depicting measurement to wetland 5-31-23 Title Date wpaform2,doc rev.411212.023 WPA Form 2--Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� K�� »� �~ ��~��~K�K� �� K0��U^��K�~K~��- ' _ -- Determination— ' Applicability--'-� North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131' §40 Municipality 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) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protoodon). LJ 1. The area described on the referenced plan(s) is an area subject to jurisdiction under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent, El 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed asaccurate. 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 emlong as this Determination imvalid. El 2b. The boundaries of Wetlands Resource Area(s) and Buffer Zone(s) listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination ortm the Request for Determination. [l 3. The work described on referenced plan(s) and clocument(s) is within an area subject to jurisdiction under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing ofe Notice ofIntent. [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to jurisdiction under the Act. Thenaforo, said work requires the filing of Notice ofIntent [] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Pursuant to the following municipal wetland ordinance orbylaw: � � � � Massachusetts Department of Environmental Protection []UVB@W of Water Resources - WetlGnds � �� .� U��K�~��*~�� U~��~U~�� _ __ — Determination— - Applicability—'''-� North Andover ILI Massachusetts Wetlands Protection Act M.G.[. O. 131. §40 MUnicipality B. Determination (cont.) El O. The fnUnvvng 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 Notice of Intent is h|mj for the work in the RivarhnntArea 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) 2. for more information about the scope of alternatives requirernente\: [:] Alternatives limited tothe lot on which the project is located. E1 Alternatives limited hothe lot on which the project is |ouated, the subdivided lobo, and any adjacent lots formerly or presently owned bvthe same owner. El Alternatives limited to the original parcel on which the project is |ooated, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. L] 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|essthoDepartnnentfoi|ntnaotnnsuchnaquontwith|n35dayeofthe 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 tn 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 jurisdiction under the Act or the Buffer Zone. [] 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not rennuve, h||, dredge, mr alter that area. Tharefona, said work does not require the filing of a Notice ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will riot alter an Area subject to jurisdiction under the Act. Therefore, said work does not require the filing of a Notice of Intent, Subject to the following conditions (if any). Erosion controls to be insta|led, pre-construction inspection, install hp nap np|meh pod, no work on footing U d post construction inspection. See attachedfo details. � El 4. The work described in the Request is not within an Area subject to jurisdiction Linder the Act (including the Buffer Zone), Thurefmva, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject to jurisdiction under the Act. °p"m.me.uoc'rev,w1»12ozv WrA Form 2-Determination m Applicability'Page om* Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands �� *� �� `��^��^K�8� �� V~��~U^t«« _ _ _ _- Determination- — ' Applicability--'-� North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131' §40 nicipality ----------------------- B. Determination (cont.) [] 5. The area described in the Request is subject to jurisdiction 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 imrequired: xempt Activity(site applicable statutory/regulatory provisions) [] 6. The area and/or work described in the Request is not subject to additional review and approval by: ame of Municipality Pursuant tom municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C, d&uthor~zat^on This Determination is issued hz the applicant and delivered aefollows: [U By hand delivery on By certified mail, return receipt request on June20 2023 Date bate 70182280000165861441 Certified Mail Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner as follows: DEP Fl By (Attach this form and supporting documents) ByUSPSmail F] By hand delivery June2O 2023 Date Date Property Owner(if not applicant) El By mail [l 8y hand delivery Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��N�� ~� ��^��~�� U^��~U~t��- - ' ' - Form--' -- Determination' ~' ~ Applicability ~~^^~�� North Andover Massachusetts Wetlands Pn]t0O[i0n /\Ct M.G.L. 0. 131' G40 C. Authorization (cont.) 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 na||ava the applicant from complying with all other applicable federal, state, or local a\aiukam, ordinances, bylaws, urregulations, This Determination must bo signed bym majority ofthmConaen/otionCommiaa|on. Aunotedabove` a copy must bo sent bo the appropriate DEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant |s issued this Determination. issuing Authority tWn4atur rinted Name signature r", ignat6ie( Printed Name ignature Printed Name ignature 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 comrnuoLty)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.