The URL can be used to link to this page

Home My WebLink About18-20 Johnson Street DOA Negative Determination - Permits - 20 JOHNSON STREET 3/27/2024 CONSERVATION DEPARTMENT Community Development Division NE<"GATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 18-20 Johnson Street,North Andover At the March 27, 2024 public hearing,the North.Andover Conservation Commission (NACC)voted to issue a Negative #3 Determination of Applicability(RDA), approving the project at 18-20 Johnson Street based on its findings below and subject to conditions listed below. The RDA application, filed by the property owner,Neil Rosenberg, and representative,Tim Quinlan, proposed the following project elements: This project includes in-kind replacement of approximately 150-linear feet of existing wooden picket fence at a historical building located at 18-20 Johnson Street in North.Andover. Tire fence acts as a safety feature at the top of a stone masonry retaining wall, preventing people from► getting too close to the 8' drop to the stream bed below. In its current condition, the deteriorating fence presents a hazard to safety. 'file wetland resource area oil the property is all intermittent stream (no BVW),which enters the left side of tile property from a culvert system under Johnson Street. At its closest, the fence work will occur on top of the retaining wall,which acts as the bank For this portion of the stream (thus within the 25-foot No Disturb Zone). Excavated soil from the posthole work will be temporarily stored onsite in barrels, and then used as backfill. Any excess soil at the end of the project will be removed from the site. The applicant is still required to go before the North Andover .Historical Commission for°approval of this project.The applicant submitted a waiver request which was discussed at the meeting. After due discussion and consideration,the NACC voted to approve the waiver request, and issue a Negative# 3 Determination for this project. The project shall conform to and comply with the following: Applicant: Neil Rosenberg 70 Court Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form I and Supporting Materials submitted: March 12, 2024 Waiver Request submitted: March 12,2024 Record Plans: Annotated Aerial.Map of Project location. Prepared by: Tun Quinlan,Quinlan & Rand Builders Submitted: March 12,2024 The following special conditions are mandated: 18-20 Johnson Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 I. A pre-construction meeting shall be scheduled with the contractor and Conservation Department Staff to discuss the conditions of this permit, and ensure that the sediment storage barrels are on site and in good working condition. 2. After work is complete, if necessmy loam and seed any areas Of grOUnd disturbance, 3. When the work is complete, Conservation Department staff shall conduct a pOSt-COnStRICtiOII site inspection to verify compliance, and observe final conditions. The applicant and their contractors are advised that NO other work on the property NACC has jurisdiction-over all of the wetlands and associated I 00-Foot buffer zones on site and any work that involves ,ground disturbance or require permitting with the NACC. This —-- g includes, but arc not limited to se additions, pools, patios, decks, sheds,fences,1��dZiandscapin and bridge -uning. These activities shall be held to the current standards under the Bylaw and WPA. 18-20 Johnson Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands PA 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): t Neil Rosenberg �.Name Namee a_—m ...__ .......... .............. 70 Court Street ream Mailing Address Mailing Address North Andover MA 01845 _.. ........_... __ _. _ -__.___-.._---.. _... _......_.__ _.._.._ City/Town State Zip Code City/Town State Zip Code 978-686-4782 Phone Number Phone Number neilrose@comcast.net Email Address Email Address(if known) 1. Project Location: 18-20 Johnson Street North Andover Street Address City/Town How to fund latitude 42.68339, =71.11196 and Lon itude _______ ..____ ._._._..__. ._ Latitude(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 20 decimal degrees Assessors Map/Plat Number Parcel/lot Number 2. Date Request Filed: March 12, 2024 D. 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): In-kind replacement of an existing picket fence within the 25' No-Disturb Zone to an intermittent stream. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Annotated Aerial Map of Project Location 03-12-202 Title Date WPA Form 1 & Supporting Materials__._..........__ 0 -12-2024 Title Date Waiver Request 03-12-202.4 ...-_....... . _. — -_ _ _._ Title Date wpaform2.doc•rev.4128/2023 WPA Form 2--Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cunt.) 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 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 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. 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 document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.4/28/2023 WPA Form 2—Determination of Applicability•Page 2 of 5 Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands ��K�� .� U��~��^�� K~��^U^�� - - - - - Form -- Determination- — ' Applicability-----� North Andover Massachusetts Wetlands P[otBCfiOO 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 tothe Massachusetts Wetlands Protection Act: [l 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and documont/o>, 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): [l Alternatives limited to the lot on which the project is located. E] Alternatives limited to the lot on which the project is |ocabad. the subdivided |ots, and any adjacent lots formerly or presently owned by the same owner. i] Alternatives limited to the original parcel on which the project is |ouehed` the subdivided ponco|s, any adjacent paroe|n, and any other land which can reasonably ba obtained within the municipality. �] Alternatives extend to any sites which can reasonably ba obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. Huvvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|enutheDapartmeutfai|stoaotonsunhnequestwithin35daysnfthe 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 one listed at the end of this document. Fl 1. The area described in the Request is not an area subject to jurisdiction under the Act orthe Buffer Zone. El 2. The work described in the Request is within an area subject to jurisdiction under the Aut, but will not remove, fi||, dredge, or alter that area. Therofora, said work does not require the filing of u Notice ofIntent. | D� 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. Therefou», said work does not require the filing of Notice of Intent, subject to the following conditions (if any). ^See attached list of Findings and Special Conditions* F] 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. "v*mm2.om`rev.wmon23 wpx Form 2-mm"mnmm"m^wncomo*'Page ams Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ILI Form — Determination of ,Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cunt.) - - 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: Exempt 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: - _._... ..... .._..... ... Name of Municlpalily 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 request on 4-3-24 Dale Date 022 2410 0002 6928 4973 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 gDEP DOASubmittal Platforni (Attach this form and supporting documents) By LISPS mail ❑ By hand delivery Date _....... Date Property owner(if not applicant) By mail By hand delivery ------- - —._.__ Date Date wpaform2.doc•rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 4 of 5 ' � Massachusetts Department of Environmental Protection � Bureau 0f Water Resources - Wetlands � �� 0�� w� — Determination �� K�K�U~��&�~U~�^« - - - - - Form -- -- -- ' -' ' Applicability North AndoverILI � Massachusetts Wetlands Protection /\C[ M.G.L. C. 131, &40 Municipality � C~ Authorization (cont.) This Determination is valid for three years from the date of issuance (except Dete rrn i nations 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, ahato, or local sbatubea, ordinonceo, bylaws, or regulations. This Determination must be signed bym majority oftheConmen/oUomCnrnmiseion. Aenotmdabove. a copy must ba sent hn the appropriate OEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant |e issued this Determination. � � Signatures: � \ > � Signature K/ � +4�~ Printed Name U � Signature rinted 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, '�rehenebvnud|Oedoftheirrighthurequeet the appropriate Department ofEnvironmental � � Protection Regional Office (see communitv) 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 nf this OetnrnninmUon Aoopyofthons�ueot�ho|[ mt � ' ! 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 in being appealed. To the extent that the Determination io based one | municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department nf Environmental Protection has no appellate jurisdiction. °p"fo""r.u""'rev.^oum02o vIPA Form o-Determination mAppnoamxw-Page 5m5