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Home My WebLink About922 Dale Street DOA Negative Determination - Permits - 922 DALE STREET 11/15/2023 ��t / �'JJ�Iffy„1��: CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY I+'INDINGS & SPECIAL CONDITIONS 922 Dale Street,North Andover At the November 15, 2023 public hearing,the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability (RDA), approving the project at 922 Dale Street based on its findin s below and subject to conditions listed below. The RDA application, filed by the homeowner Joseph McCarthy,proposed the following project elements: Demolition of a section of an existing barn, (referred to as the "annex" measuring—32 x 67' mm —2100s.f.), a portion of which is located in the 100' buffer zone to bordering vegetated wetland (BVW). At its closest the barn annex is approximately 60' from the wetlands based on Conservation. staff measurements = about 40' of the 67' long barn annex is within the 100-foot buffer zone (totaling approximately 1240 s.f.). The annex is primarily supported by cinder blocks and wood piles,the bottom of the annex is above ground and open, therefore ground excavation will NOT be necessary to remove supports. Construction access will be through the existing driveway, and all equiprnent and machinery will operate from this side (west) of the barn (away from the wetlands). All materials are to be stockpiled in the designated location to the west, outside the Buffer Lone. The annex will be scavenged for salvage wood to be stored west of the existing barn (outside the buffer zone) and used to improve the remaining portion of the barn (on the interior). Waste material will be temporarily stored to the west and taken to TBI for ultimate disposal. When demolition is completed, the ground underneath will be seeded ino loam to be imported or allowed under this approvaD and allowed to revert to fully natural vegetated state. The project shall conform to and comply with the following: Applicant: Joseph McCarthy 922 Dale Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability farm 1 submitted: October 16, 2023 Record flans: Annotated As-Built Site Plan and Supporting Materials received October 16, 2023 The following special conditions are mandated: 1. At least 50' of erosion controls, in the form of 12" bark mulch socks not straw or hay filled), staked down, shall be installed to envelope the limit of work and shall be NO closer than 50 feet from the edge of wetland. Conservation Department staff may require additional erosion controls at any time during construction if deemed necessary. 922 Dale street Negative#3 Determination of Applicability—Findings&Special Conditions Page l of 2 2. Before work on this project may begin, a pre-construction inspection shall be held with Conservation Department staff, the hoincownelt- and contractor to review installed erosion controls, the project scope and these conditions. 3. Only the demolition of the"annex"portion of the barn is allowed under this permit. If work requiring any ground disturbance is determined to be needed for any reason during or after the demolition, additional permitting with the NACC will be required. 4. 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 to ert , is allowed under this permit. The NACC has iurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and Any work that involves ground disturbance or chin Ong, the current conditions in these areas will requir permitting with the NACC. This includes, but are not limited to, house additionsp9ols decks,',pqt�os,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. 922 Dale Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover ILI 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 Conservation Commission the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Joseph McCarthy VQ Name Name 922 Dale Street Mailing Address Mailing Address North Andover MA 01845 City/Town State Z@p Code City[Town State Zip Code 508-265-3046 Phone Phone Number joemccvam@comcast.net Email Address Email Address(if known) 1. Project Location: 922 Dale Street North Andover ........... Street Address City/Town t-iow to find Latitude 42.69503 �71.06831 and Long4Ude Latitude(Decimal Degrees Format with5'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 104A 61 decimal de e_e_ s— ssor Map/Plat Number Parcel/Lot Number 2. Date Request Filed: October 16, 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): Demolition of portion of an exisitng barn, the"annex". Approximately 1240 s. f, of the barn is located in the Buffer Zone to wetland resource areas. At its closest point the barn is 60'from the edge of the wetland.! Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: �AA lication &Supporting Materials Rcvd 10-16-23 ............ Title Date As-Built Site Plans Annotated Rcvd 10-16-23 �------------ ......... Title Date ----------............... Title Date wpoformMoc-rev.4/2 812 02 3 VVPA Form 2—Determination of Applicability-Page 1 of 5 | � Massachusetts Department of Environmental Protection � Bureau Of Water Resources - Wetlands ��U�� ~� A��^��^�� K�U^��^K^�� _ _ _ - - Form -- Determination' �' - Applicability North AndoverILI � Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 � B. Determination (cont.) � The following Determination(s)is/are applicable to the proposed site arid/or projectrelative tothe � Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction mf the Wetlands Protection Act may proceed until a bnu| 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). 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. | � Fl 2a. The boundary delineations of the following resource areas described on the referenced p|an(a) � are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination � are binding as to all decisions rendered pursuant to the VVeUondm Protection Act and its regulations � regarding such boundaries for as long as this Determination is valid. | [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 to this Determination orbz the Request for Determination. � | � � � Fl 3. The work described on referenced p|an(s) and doou is within on area subject to � jurisdiction under the Act and will remove, fill, dredge, n/alter that area. Therefore, said work requires the filing of 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 jurisdiction under the Act. Thereforo, said work requires the filing of Notice of Intent � [] 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: ame of Municipality Pursuant hn the following municipal wetland ordinance orbylaw: / Massachusetts Department of Environmental Protection � Bureau of Water Resources -Wetlands ��U�� o�� ~� .� A��K�~��~�� K��U~��^U~�� _ _ _ _ _ Form __ Determination- -- - Applicability North Andover Massachusetts Wetlands PrOf8CtiOD Act M.G.L. C 131. §40 � . 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: � � � 171 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) | anddncument(o). �hinhino|u�aaaUorpa�of�heworkd�aohb�� in �heR�que�t. thaapp|ic�nt ` � must consider the following alternatives. (Refer to the wetland regulations sd1Q.58(4)(c) 2. for � more information about the scope Vf alternatives roqu|waments>: Fl Alternatives limited h)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 bv the same owner. � Fl Alternatives limited ho the original pevoa| on which the project is |omabad. 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 ha obtained within the appropriate | region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant, Hovvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|esntheOepartnnenthai|nhoaotonnuohnequestwi(hin35dayaofthe | 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. ! / F� 1. The area described in the Request isnot an area subject to jurisdiction under the Act orthe Buffer Zone. 7l 2 TAevvorkd��cribedinth� RequaatiawithinanureauuNaotho �uri�di�UonunderUhe�ot, but | �� ^ ' ! will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of � a Notice ofIntent. 3. The work described in the Request|m within the Buffer Zone, as defined in the regulations, but will not alter on Area Subject to jurisdiction under the Act. Therehzre, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). **See attached list of findings and special conditions** �] 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. � � Massachusetts Department of Environmental Protection � � Bureau Of Water Resources - Wetlands ��R�� K�8 ^� �� m��u��^��^�� ^�� &�U~��~U~txx _ _ _ _ _ Form __ Determination— —' Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. O. 131, §40 Munmnan� B. Determination (cont.) E] 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 ofIntent is required: Fl provisions--)-- 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of Municipality Pursuant tua municipal wetlands' ordinance urbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination |S issued bJthe applicant and delivered omfollows: Fl Uv hand delivery on Z By certified mail, return receipt request on 11-21-23 oo�o Date 70192280000155661595 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 [l By eQEP DOA Submittal Platform (Attach this form and supporting documents) ByU8POmail [l By hand delivery 11-21-23 � Dife Date � Property Owner(if not applicant) Fl By mail [l By hand delivery ooto Dam Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands � �� °� ~� ��*u��K�\~��~��D� �� J��U^K��^U^t�« � _ _ _ _ _ Form -_ Determination' -' ' Applicability North Andover | Massachusetts Vlet@DdS F»[Ote(tiOD Act M.G.L. C. 131. §40 � 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 relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, orregulations. This Determination must bo signed bva majority oftheConaarvaUVnCumnoiosiVn. Asncdedabovn. a copy must be sent bo the appropriate DEP Regional Office(see and the property owner(if different from the applicant) on the same dote that the Applicant is issued this Determination. Issuing Authority Signatures: Printed Name Signature Pr te, Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved bv this Determination, any owner uf 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 ProtectionRegional Office (see https://www.mass.gov/service-detaits/massdep-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 tn the Determination which io being appealed. TV the extent that the Determination io based ono � municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has nn appellate jurisdiction. vpam,m2.v""^rev,wnw2mv wPx Form u-oe*,=m"xoov/Applicability'Page aofn