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Home My WebLink About29 Stonewedge Circle DOA Negative Determination - Permits - 29 STONEWEDGE CIRCLE 8/23/2023 CONSERVATION DEPARTMENT Comnaunity Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 29 Stonewedge Circle,North Andover At tile August 23, 2023 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative#3 Determination of Applicability approving the pro.icct at 29 Stonewedge Circle based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowner Lisa Mansfield, proposed the following project elements: installation of 14'x16' shed. At its closest point, the proposed shed will be approximately 553from the BVW located on the eastern side of the property based on Conservation Department staffs oil-site measurements. The shed will be placed on a 16'x 18' crnslied stone pad, the crushed stone pad will be enclosed with a 6" x 6" ground contact pressure treated lumber perimeter. The crushed stone will be 6" deep at minimum, and will be placed on top of a weed barrier. The site is within NHESP priority habitat and the Program provided comments via email noting that no impact would occur to habitat as long as all work remains in existing lawn or paved surfaces. The entire prQject is to be constructed on an existing and wel 1-in aintai lied lawn. The project shall conform to and comply with the following: Applicant: Lisa Mansfield 29 Stonewedge Circle North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: July 31, 2023 Record Plans: Annotated As-Built Plan received 07/31/23 NHESP Comment Email dated July 19, 2023 Eastern Stied Company Stied Specification Sheets The followitiL, special conditions are mandated: 1. Erosion controls, in the form of" 12" straw wattle staked, shall be installed between tile limit of ground disturbance and the wetland area, and a pre-construction inspection shall be held with the Conservation Department,the homeowner and contractor,to review same, the project and these conditions. 2. All construction access will be from the driveway and remain on maintained lawn, no activity will be allowed to enter the undisturbed portions of the wetland resource area or beyond the limit of required erosion controls. 3. The 16x1 8 proposed Crushed Stolle pad and associated landscape timbers must be constructed by hand—NO construction vehicles or machinery may be operated within 100 feet of the wetland. 4. NO stockpiling of any excavated materials or imported materials shall take place within 100 feet of the wetland. All excavated soils shall be taken from the site oil the same day. 29 Stonewedge Circle Negative 1/3 Determination of Applicability—Findings&Special Conditions Page I of 2 5. A post construction inspection shall he held with the Conservation Department to verify compliance and approve straw wattle removal The aoolicallt, and their contractors are advised that NO other work on the IjiM-gayls-Alowed 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 round disturbanc o chanvin f4 t he current conditions in these areas will -L" - - . . - er-.---------- A--------- ---re-quire permittinp-with the NACC,'this includes,but are not limited to, house additions-pp spxtios, decks, sheds, fences, landscaping installation, tree or vegetation cuttinv0prunin . These activities shall be hold to the CUITent standards under the Bylaw and WPA. 29 Stonewedge Circle Negative 113 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection ILIBureau 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): Q Lisa Mansfield B & Lisa Mansfield V - __e—-------- .............. Brett Name 29 Stonewedge Circle ------------ rye Malkno_AddreW Mailing Address North Andover MA 01845 ..................... ...... City/Town State Zip Code City/Town State Zip Code 508-330-3235 Phone Number Phone Number Ijeassidyl@yahoo.com Email Address Email Address(if known) 1. Project Location: 29 Stonewedge Circle North Andover --------------- Street Address City/Town How to find Latitude 42.63738 -71.05833 and Longitude Latitude(Decimal Degrees Format with 5 digits _.L-or-i gitude(Decimal Degrees Format with 5 after decimal e.g.XX,XXXXX) digits after decimal e.g.-XXXXXXX) and how to convert to 106.E 34 decimal degrees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: July 31, 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): 14' x 16' Shed installation on 16' x 18' crushed stone pad with weed barrier and 6" x 6" wooden landscape timber perimeter. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA Application and Supporting Documents July 31, 2023 l_t,e7 Date RDA Annotated As-Built Plan July 31, 2023 Title Date title Date wpalorm2.doc•rev.411212023 WPA Form 2—Determination of Applicability-Page I of 5 � ' ` ^ Massachusetts Department of Environmental Protection ILIBureau Of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131, §40 Municipality B. Determination (cont.) � � The following Determination(s)is/are applicable to the proposed site and/or project relative to the � i 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 Protection). � � | | 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. | 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 en long oe this Determination iavalid. � |l 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 b)this Determination orbz the Request for Determination. [l 3. The work described on referenced plan(s) and document(s) is within an area subject to jurisdiction under the Act and will n*movo. D||, dredge, Vr alter that area. TheoefVre, said work requires the filing of Notice of Intent. rl 4. The work described on referenced plan(s)and docurnent(s) is within the Buffer Zone and will alter an Area subject to jurisdiction under the Act. Therefore, said work requires the filing of a Notice ofIntent Fl 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: "oumrm,.uou'rev.4xom02* wPx Form e-Determination mx,,/i"m/lty'Page z"/o ' Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands | ��U�� ~� N��~��^�� l~��~0~t� � - - ' ' - Form--- -- Determination' — - Applicability---�� North Andover ILI M0SS8chUS8fts Wetlands P[0teUUOO Act M.G.L C. 131 &4O ' � '- muuicpa|uy � B, Determination (cont.) � El 6. The following area and/or work, if any, is subject to a Municipal ordinance or bylaw but not � subject hm the Massachusetts Wetlands Protection Act: � | �l 7. |fa Notice of Intent imfi|ad for the work in the F0verfront Area described on referenced p|an/a\ � and document(s), which includes all or pail of the work described in the Request, tile applicant must consider the following alternatives. (Refer h)the wetland regulations at 18.58/4\/o\ 2. for more information about the scope of alternatives requirements): El, Alternatives limited to the lot on which the project is located. �l Alternatives limited tn the lot nn which the project is |ooebsd. theoubdividad |ot . andany adjacent lots formerly wr presently owned by the same owner. �l Alternatives limited k>the original parcel on which the project ia |oom1od, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the mun|cjpo|ity. | i 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 oppDoonL However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed um this project un|oms0hoDopadmmntfmi|stoantonsuohnyqwentwithin35daysof(he date the request is post-marked for certified mail or hand delivered to the Department, Work rnay 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. F� 1, The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. El 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not romove' U||. dredge,4r alter that area. Therefona, said work does not require the filing nf n Notice of Intent. �0 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 jurisdiction 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 K\ACC Findings & Special CoDdtiOM8** El 4. Tile work described in the Request is not within an Area subject to jurisdiction 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 jurisdiction under the Act. °rym"nu.d""'rev.w1conuo Wpx Form z-Determination^/Applicability'Page n"/o ^ Massachusetts Department of Environmental Protection � ILIBureau Of Water Resources - Wetlands WPA Form 2 — Determ~nat~on of Applicability North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131' Q4O B. Determination (cont.) ! �l 5. The area described in the Request is subject to jurisdiction under the Act. Since the work described therein meets the requirements for the fo|iowing exmrnoUon, as specified in the Act and the regulations, no Notice of Intent imrequired: Exempt Activity(site applicable statutorylregulatory provisions) r7 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of Municipality Pursuant toa municipal wetlands' ordinance orbylaw. � Na Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered aokNovvm/ � By hand delivery on FE] By certified mai|, return receipt request on � 08-29-23 Date mom � � �D1��AOM0O1��A1�� ' ~ ."~_~_°""°" .°""" ."~-" � _—_Certified Mail Number � A copy ufthis Determination has been oerd 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: 0EP | By eDEP DOA Submittal Platform(Attach this form and supporting documents) � � ByUSPSmail By hand delivery 0A-29-23 � Da� mete Property Owner(if not applicant) [] By mail Fl By hand delivery te Date "n°formz.uoo'rev.mmmuu wrx Form z-Determination of'Appm"ua*'Page*"/o ' ^ Massachusetts Department of Environmental Protection � Bureau 0f Water Resources - Wetlands � ��U�� |�� ~� .� U��~��~�� U~��~U~�� ~ ~ ~ . ~ Form--- -- Determination' ~' ' Applicability----�� North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131' §40 ------------ C. Authorization (cont.) � This Determination is valid for three years from the date ofissuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This DehanninmUoo does not relieve the applicant from complying with all other applicable federal, state, or local abdubao, ordinances, bylaws, or regulations. This Determination must be signed bym majority oftheConservat|onCono0|em|un. Aenoiedabove. a copy must be sent ko the appropriate DEP Regional Office (see ) andthepropedyovvner(ifdiffercni0nmthwapp|icmnd on the date th t the Applicant i issued this Determination. Issuing Authority Signatures: Printed Name Signature Printed ame Signature Printed Name Sig n atu-r"a Printed Name D. Appeals K | = ' The applicant, owner, any person aggrieved bv this Determination, any owner cf 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://www.mass..qov/service-details/massdep-regional-oTqgq:b)L- 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 Forrn (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 rnail or hand delivery to the Conservation Commission and to the applicant i[he/she ianotthaappe||nnLTke /equentoho|| nteteo|mar|yanUcono|aa|ytheoL4ecUonmhn � 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 nf Environmental Protection has no appellate jurisdiction. | °wamrmx.d° 'muwcmzmo vn*m^ u-Determination m Applicability'Page vmo