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Home My WebLink About1475 Turnpike Street DOA Negative Determination - Permits - 1475 TURNPIKE STREET 11/15/2023 , 9111�1�I�J1Uj�a CONSERVATION DEPARTMENT' Cornntnunity Development Division. NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 1475 Turnpike Street, North Andover At the November 15, 2023 public hearing, the North Andover Conservation Commission (NACC) noted to issue a Negative##3 Determination of Applicability, approving the project at 1475 "turnpike Street based on its findings below and subject to conditions listed Below. The RDA application, filed by the homeowner Seraphine Mbuyi, proposed the following project elements: repaving and rehabilitation of an existing driveway, paving of a crushed stone walkway along the front of the house, and regrading and paving an area to the right(north) of the existing driveway. This is a single-family home was constructed around 1960. At its closest point, the existing driveway is about 18' feet from wetland resource areas on the property, and portions of the house in the 50'NBZ and all of the driveway in either the 25' NDZ or 50'NBZ. The area where the driveway extension has been approved is approximately 34' to the wetlands at its closest point, and the crushed stone walkway is about 39' away. After this project is complete, there will be a total of approximately 2170 square feet of paved surfaces in the front of this.property. The entire project is to be constructed on an existing and well-maintained lawn, or preexisting pavement/crashed stone. After due discussion and consideration, the NACC determined that there were no other feasible locations for the proposed driveway expansion that would bring work:further away from the wetland. The project shall confornn to and comply with the following: Applicant: Seraphine Mbuyi 1475 Turnpike Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: November 2, 2023 Record Flans: Annotated As-Built flan received November 2, 2023 Annotated Aerial GIS Map with proposed driveway outline dated 11-15-23 The followin s aec al conditions are mandated: 1. Before work on this project inaw begin, a pre-construction inspection shall be held with Conservation Department staff the homeowner and contractor to inspect installed erosion controls, in the form of staked 12" mulch socks, to be installed between the limit of work and the wetland area as directed by the Conservation Department staff, 1475 Turnpike Street. Negative 113 Determination of Applicability findings&Speciat Conditions Page I of 2 2. The contractor shall immediately remove all of the reclaimed asphalt and any other excavated materials from within new driveway footprint off site (no stockpiling on site is allowed). No machinery, construction vehicles, equipinent or any materials may be stored on the wetland side of the erosion controls during construction; 3. When the work is complete, Conservation Department staff must conduct a post-construction site inspection to verify compliance, assess site stability, and approve the removal of erosion controls. The applicant, and their contractors are advised that NO other work on the property is allowed under this ermit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any work ghat 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 bride installation tree or vegetation cutting/:!1uning..These activities shall be held to the current standards under the Bylaw and WPA.** 1475 Turnpike Street Negative 113 Determination of Applicability—Findings&Speciat Conditions Page 2 of 2 Massachusetts 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 iViunicipality A. General Information Important: When filling out From: forms on the computer, use only "NIrcirr-t-hr'Andover ........... the tab key to move conservation Commission your cursor-do not use the return key, To: Applicant Property Owner(if different from applicant): 4:1 Seraphine Mbyyi_ . . . ......Namie—'-- — Name tk,& 1475 Turnpike Street tvlailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code own State Zip Code 978-530-8986 Phone Number Phone Number seraphinem978@aol.com Email Address Email Address(if known) 1. Project Location: 1475 Turnpike Street North Andover Street Address City/Town How to find Latitude 42.6433g 1 r-71 M618 and Longjtude -- —Latitude(decimal—DogreWF�m-at-with 5 dig—its after Longitude(Decimal Degrees Format with 5"—digits—after decimal e.g.XX.XXXXX) decimal,e.g.-XX.XXXXX) and how to convert to 107B 65 decimal.de,gree Assessors Map./PI..a... t Number P.ar.1 c 11 el/Lot Number 2. Date Request Filed: November 2, 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): Reclaim, repave and expand existing driveway and pave area of crushed stone/stonedust walkway. Work to take place within existing lawn or existing paved/stone dust areas and within 1100-foot buffer zone to bordering vegetated wetland. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Annotated As-Built Plan Recv,d 11-02-23 Title Date Annotated Aerial GIS Map 11-15-23 Title Date RDA and supporting materials Rcyd 11-02-23 Title Date Nvpaforrn2.doc rev,4/2812023 WPA Form 2—Determination of ApplicaNfity-Page 1 of 5 Massachusetts 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 Municipality B. Determination (cont.) The following Determinations) 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 (Le.:, Conservation Commission or the Department of Environmental Protection). 171 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 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 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 or to the Request for Determination. .... ........ ...................................................................... .... ............................................. . .............. 3. The work described on referenced plan(s) and document(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 of a Notice of Intent. F1 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. Therefore, said work requires the filing of a Notice of Intent 5. The area and/or work described on referenced plan(s) and doculment(s) is subject to review and approval by: Name of Muri Pursuant to the following municipal wetland ordinance or bylaw; Name Ordinance or Bylaw Citation �VaformZdoc^rev.4J2812023 WPA Form 2--Determination of Applicability-Page 2 of 5 Massachusetts Department of Environmental Protection, Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cont.) El 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: ............ El 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced pdani(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 requirements): E] 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. El 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 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 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 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 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 list of special findings and conditions.," ............ E] 4. The 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. vipaform2.doc-rev.4/2812023 WPA Form 2--Datarmination of Applicability-Page 3,of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA or 2 — Determination of Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 Municipality B. Determination (cont.) El 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 is required: xempt ActivRy(site app icable statutory/regulatory provisions) [J 6. The area and/or work described in the Request is not subject to additional 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 follow& By hand delivery on it By certified mail, return receipt request on November 20, 2023 Date Date 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 By eDEP DOA Submittal Platform (Attach this form and supporting documents) By USPS mail ❑ By hand delivery 11-20-23 . ........................ Date Date Property Owner(if not applicant) n By mail El By hand delivery Date Doke wpaform2.doc•rev,4/2812023 WPA Form 2--Determination of Applicability•Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Wu-n-Icir ad i-t-y- AM C. Authorization (co�nt.) 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- d eta ils/mas sdep-re,q ionial-offices-by-comm uL nit ) and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Author"�yl Signatures', *2 0411 ..........INM SignaturePrinted Name ignii6ie' -Print Name 2 ��v,� ,signature "I, d Print d Name Oq A VO Signature Printed Name Signature— P�rn me Nam —Avp, Signature Printed Name Signature -0-r—inte-d- ................ 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 whiich such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see https://www.mass.gov/service-detaiIs/massdep-regionaI-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.doc•rev.4/2 81202 3 WPA Form 2—Determination of Applicability-Page 5 of 5