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Home My WebLink About922 Dale Street DOA Negative Determination - Permits - 922 DALE STREET 3/27/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 922 Dale Street, North Andover At the March 27, 2024 public hearing, the North Andover Conservation. Conimission (NACC) voted to issue a Negative #3 Determination of Applicability (RDA), approving the project at 922 Dale Street based on its findings below and subject to conditions listed below. The RDA application., filed by the homeowner Joseph McCarthy, proposed the following project elements: In November of 2023, the NACC issued a Negative 43 Determination permitting the demolition of a barn annex - this work is complete. The exposed ground under the demolished barn annex is a depressed area (-1,200 s.f.), with a drop off from surrounding grade. This project involves leveling the depression with —20 cubic yards of topsoil to match adjacent grades and slope gently to the limit of the 50'No Build 'Lone. This area with be seeded with native seed mix. 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 Dorm I 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 :Corm 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. Existing mulch sock can be utilized as long as it is in good functioning condition. 2. Prior„to,.any work, a site inspection shall be scheduled with Conservation Department staff, the homeowner and contractor the review scope of the project, review the conditions of this permit, observe site conditions and ensure erosion controls are in place and adequate. 3. Any imported soil must be procured from a reputable source and must be free of invasive plant and animal species. 4. When the work is complete, Conservation Department staff must conduct a post-construction site inspection to verify compliance, assess site stability,vigorous growth of seed mix, and approve the removal of erosion controls. 922 Dale street Negative#3 Determination of Applicability—iaindings&Special Conditions Page 1 of 2 ** The applicant, and their contractors are advised that NO other work on the 1)1'o)ei-(y is allowed under this permit. The NACC hasjurisdiction over all of the wetlands and associatcd 100-Foot buffer zones on site and an work that involves round disturbance or chap iyz the Lit conditions in these areas will reouire permitting with the NACC. This includes, but are not limited to, house additions, pools, patios, deek,.s s:hqdfis,j a , '/ Lining. These --j4q&pqpWgjqd-hdge installation, tree or ve Yetation CL-I.t�Qpj'-Piq ----------- activities shall be held to the current standards Under the Bylaw and 922 Dale Street Negative#3 Determination of Applicability--Findings&Special Conditions Page 2 ot'2 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 Frorn: 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): r� Joseph McCarthy Name Name 922 Dale Street _...... Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town state Zip Code 508-265-3046 Phone Number Phone Number joemccvam@comcast.net Email Address Email Address(if known) 1. Project Location: 922 Dale Street North Andover street Address Cit [Town Stow to find Latitude 42.69503 1.068�1 and_Longutte --- _ _......_... w--- 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 104A 61 -g decimal degrees --- -- Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: March 5, 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): The exposed ground under the demolished barn annex is a depressed area (-1,200 s.f.), with a drop off from surrounding grade. The project entails leveling the depression with -20 cubic yards of topsoil to match adjacent grades and slope gently to the limit of the 50' NBZ. Seed this area with nature seed mix. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA Application &Supporting Materials Rcvd 03-05-24 Title Date As-Built Site Plans Annotated Rcvd 03-05-24 Title Date Titlo Date wpaform2.doc•rev.4/28/2023 wPA Form 2—Determination of Applicability•Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��D�� n�O�� m� �� x��^R��~��k� �� K�K~��~U~�^» _ _ _ _ _ Form __ Determination' — ' Applicability—'''-� North Andover ILI Massachusetts Wetlands Protection Act M.G.[. c. 131` §40 B. Determination (cont.) The following Determimation(s) is/are applicable to the proposed site and/or project relative to the VVo|andm 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 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). LJ 1. The area described on the referenced p|an(s)iaan 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 plan(s) are confirmed ao 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 aa long as this Determination is valid. Fl 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 ortothe 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 remnove, fi||, dredge, nr alter that area, Thenafn^a, said work requires the filing nfa 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. Therefore, said work requires the filing of a 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 or bylaw: � � arne Ordinance or Bylaw Citation °r*^rm2,m"'rev.^000v23 wpxrmm 2-n*°=xnatio"of Applicability'Page xmo | Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��N��k ��/�� ~� ��K�^��~�� K�U~��^U^�� - - - - - Form -- Determination' — - Applicability North Andover ILI Massachusetts Wetlands P[Ot8{tiOD Act M.G.L. C. 131, 840 Municipality B. Determination (cont.) U6. The following area and/or work, if any, is subject toe municipal ordinance or bylaw but!not subject to the Massachusetts Wetlands Protection Act: [] 7. If Notice of Intent is filed for the work in the Rk/e/frontAnoa described on naharanoad plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following o|h*rmuhves. (Refer ha the wetland regulations at 10.58(4)(o) 2. for more information about the scope uf alternatives requinamento\: F] Alternatives limited to the lot on which the project is located. �1 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. Fl Alternatives |inn|bad to the original parcel on which the project is |nuabnd, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. [] Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the s(eha. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant, However, if the Department ia requested toissue a Superseding Determination of Applicability, work may not proceed on this project un|eamtheOepartmentfai|etoautonsuohnequoetwithin35deyeoftha 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 and of this document. Fl 1. The area described in the Request ionot an area Subject to jurisdiction under the Act orthe Buffer Zone. Fl 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 e Notice ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter enArea subject tn 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 findings d special conditions** �] 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Thenehons, 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"*rmodoc'rev.4mwcmo wp*Form u-Determination of Applicability^Page vw5 Massachusetts Department of Environmental Protection Llm Bureau of Water Resources - Wetlands or etermination of Applicability 1 orth Andoverr Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality D. 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 is required: Exempt Activity(site applicable statutory/regulatory provisions) FI 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 follows: 171 By hand delivery on By certified mail, return receipt request on 04-03-24 _....._.. _. ---- Date Date 7022 2410 OOO2 6928 4997 __ 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 p2EP.DOA-Submittal Platforrn (Attach this form and supporting documents) By LISPS mail El By hand delivery 04-03-24 Date Date Property Owner(if not applicant) E] By mail ❑ By hand delivery Date Date wpaform2.dec rev.4/28/2023 WPA Form 2—Determination of Applicabilily Page 4 of 5 � Massachusetts Department of Environmental Protection � Bureau Of Water Resources - Wetlands � &�y�� K�� ^� �� u��K�|~��~�� ^�� K�K08~K��~K~�«^ _ _ _ _ _ Form __ Determination-' —' Applicability—'''-� North Andover Massachusetts Wetlands Protection /\cf M.G.L. C. 131. §40 mummmamy 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, obste, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by e majority of the Conservation Commission. As noted above, a copy must bm sent tothe appropriate DEP Regional Office (see ) andthepvopedyowner/if different from the applicant) on the same date that the Applicant is issued this Determination. Signatures: � 15 Printed I Signature Signature Printed Name Signature Pr nted �me X'7 Signature Printed Name Signature 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 communfty) to issue a Superseding Determination of Applicability. The request must be made by certified mail nr 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 318OK4R 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 he sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she isncdtheoppaUant. ThenaqueatahaU «habac|eadyondonnciee|ythmobiecUonetn the Determination which is being appealed. To the extent that the Determination |e based ono municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department ofEnvironmental Protection has no appellate jurisdiction.