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Home My WebLink About60 Raleigh Tavern Lane DOA Negative Determination - Permits - 60 RALEIGH TAVERN LANE 4/10/2024 CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 60 Raleigh Tavei~n Lane, North Andover At the April 10, 2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability (1�-DA), approving the project at 60 Raleigh Tavern Lane based on its findings below and subject to conditions listed below. The RDA application, filed by the property owner, Susan Rogers, and representative, John Sullivan PE, proposed the following project elements: This project includes: the rear sunroom is to remain and be expanded by 5 feet and a new 14' x 23' porch to attach to the sunroom will be constructed. A proposed 4"x4" landing and stairs to extend off of the new porch to the rear yard will be constructed. A 18" wide x 18" deep crushed stone drip trench to capture roof runoff of the new porch will be installed. Three "big foot" footings will be installed for support for the new porch. All of the work and new construction will be located in the outer reaches of the 100' Buffer Zone associated with a bordering vegetated wetland at the rear property boundary, with the new porch to be 85 feet from the BVW at its closest point.No changes in grade are proposed for this project. Proposed erosion controls include 12" staked mulch soxx, which will be installed between the limit of work and the wetlands, as well as outline the construction access route to protect the septic system components and leach field. Stockpile area will be located outside the 100' buffer zone. At the public hearing on April 10, 2024, the NACC voted to close the hearing and issue a Negative 113 Determination for this RDA application. 'The project shall conform to and comply with the following: Applicant: Susan Rogers 60 Raleigh Tavern Lane North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form I and Supporting Materials submitted: Stamped Received March 1.1, 2024 Record Plans: Plot Plan of Land—60 Raleigh Tavern bane, NA; scale 1" = 20' Prepared by: Sullivan Engineering Group, LLC Signed & stamped by John Sullivan PE, &Paul Finocchio PLS Dated: February 25, 2024Revised to: April 1, 2024 60 Raleigh Tavern Lane Negative#3 Determination of Applicability--Findings&Special Conditions Page 1 of 2 The following special conditions are mandated: 1. Prior to any work or Building Permit sign off, installed erosion controls must be installed as depicted on the plan and conditioned below, and a site inspection scheduled with the Conservation. Dept. and the contractor to observe same, review scope of work and conditions of approval. a. The erosion controls shall be extended to cordon the construction access to make enough room for a vehicle to turn around, and avoid backing tip around the septic system. I No equipment or construction vehicles may pass beyond the front left corner of the house so as to protect the leaching field and septic tank and associated components. Work to be accomplished by hand beyond that point. 3. Any excess excavated soils shall be taken off site or utilized on site greater than 25 feet from the wetland. 4. Immediately notify Conservation Department staff for review and approval if there are anychanges to the construction access route, or if excessive soils are accumulating during construction. 5. When the work is complete, Conservation Department staff must conduct a post-construction site inspection to verify compliance, observe final stabilized conditions, and approve the removal of the erosion controls. The applicant, and their contractors are advised that NO other work on the property is allowed 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 ground disturbance or changing the current conditions in these areas will require perini ting with the NACC.. "Phis inclaacles, but are trot limited to, lao>ase additions, Wools, patios decks sheds, fences, t-Yarden beds, landscaping and b .de installation, tree or vegetation cutting/pruning. These installation, activities shall be held to the current standards under the Bylaw and WPA. 60 Raleigh Tavern Lane Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 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 M'u-nic-il-ai-ity-- ---------- 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): V Susan Rogers Q Name "Name 60 Raleigh Tavern Lane .. .............Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 978-912-5680 Phone Number Phone Number srogers@gare.com Email Address Email Address(if known) 1. Project Location: 60 R lei h Tavern Lane North Andover ...R -- ------------------------- Street Address City/Town How to are LatitUde 42,65341, -71.0840Q -------------- ............... and Long�iLLAe Latitude(Decimal a-i"begrees 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 107A Lot 139 �'e-c'i m`a`["-q@glELq§ ------------------------------------ ---------- Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: March 11, 2024 .......... 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): 'Expansion of existing rear sunroom, construciton of new 14 x 23 porch with landing and stairs., Installation of 18"x18"stone drip trench to capture new roof runoff. Work to take place within 100, foot buffer zone to BVW, with new sunroorn to be 85 feet from the wetland at closest point, Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plot Plan of Land-60 Raleigh Tavern Lane, NA -- Revised to 04-01-24 --------- Title Date WPA Form 1 & Supporting Materials 03-11-2024 Title Date Title 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 � �� ~��~�� U^��~U~*� - - _ -- Determination' -- - Applicability---�� North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131. G40 Municipality B. Determination (cont.) The following Determination(s) is/are applicable ho the proposed site and/or project na|mUva 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). LJ 1. The area described on the referenced p|on(n)ieon area subject jurisdiction under the Act. Removing,filling,dredging,or altering cU the area requires the filing ofa Notice ofIntent. [] 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 ao 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 tu this Determination nrto the Request for Determination. F7 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, Vr alter that area. Therefore, said work requires the filing ofo Notice ofIntent. Fl 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 Notice ofIntent Fl 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: Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands WPA F�� ~� U��^��~�� U~��~U~��_ _- Determination Applicability North Andover � Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B. Determination (cont.) L] 6. The following area and/or work, if any, in subject hoa municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: E] 7. If Notice of Intent is filed for the work in the RiverhnntAreo described on referenced plan(s) and doounoent(e)` which includes all or part ofthe 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): 0 Alternatives limited ho the lot on which the project is located. [] Alternatives limited to the lot on which the project is located, the subdivided lots, and any mcUanont lots formerly or presently owned by the same owner. [1 Alternatives limited ho the original parcel on which the project is located, the subdivided ponoe|e, 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 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 uo|aoo 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 ot 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. 1771 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. F7 2. The work described in the Request ia within an area subject jurisdiction under the Act, but will not remnve, hU, dredge, or alter that area. Ther*fone, said work does not require the filing of a Notice ofIntent. 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 Notice of Intan(, 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. Massachusetts Department of Environmental Protection � Bureau 0f Water Resources - Wetlands WPA F��8�� »� �� «��^��~��t^K�K� K�� K��U~��n~A^�«m _ __ Determination— Applicability North Andover Massachusetts Wetlands P[0t8cfiOO Act M [� [ C 1�1 �4� � ' ' ' ' ' � ' =°"~=�"v / B. Determination (cont.) � El 5. The area described in the Request ka subject hn 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 iarequired: Fl 6. The area and/or work described in the Request is not subject to additional review and approval by: .N�ame of Municipality Pursuant toa municipal wetlands' ordinance orbylaw. l4ae'', Ordinance or Bylaw Citation C~ "~=="~" "=a~"~°"" | This Determination is issued to the applicant and delivered aafollows: � E] Bv hand delivery on By certified mail, return receipt request ou � O4-18'24 Date 7022 2410 0002 6928 5048 Certified Mail Number A copy of this Determination has been sent on the sarne 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: OEP �l By (A�aohthis form and suppodingdocuments) ByUSPSmail El By hand delivery -- - -- ma�a ' VZq naVa ! � Property Owner(if not applicant) F-1 By mail [l By hand delivery � � � %vmm'm2.doc'rev.4r2812023 wPA Form 2-Determination w Applicability^page 4wo | � i Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands � LI WPA Form 2 — De��^��t^�� U~��^U^t� � Determination ' Applicability---�� North Andover MBSGBChUS2tts Wetlands Protection Act M.G.[ C. 131, G40 Municipality 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, otaha, or local statutes, ordinances, bylaws, urregulations. This Determination must be signed hyo majority oftheConaervatiunCnnmminnion. Aenotgdobove. a copy must be sent to the appropriate DEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Signatures: Sign atl.jr�i� F�inteoName sig�t me --Z' S19pat6re Printed Name Signature Printed Name ignature 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 |ocated, are hereby notified of their right to request the appropriate Department ofEnvironmental Protection Regional ()fh (see https.*//www.mass.gov/service-details/massdep-regional-offices-bV7 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 `~^'~time be sent by ce'`"'e~ '"a" or"='" "=,e'r to the "".==va"".. "°.."".00m// and to the applicant ifhe/she is not the appellant. The request shall state nleodv and concisely the objections to � the Determination which is being appealed. To the extent that the Determination is based on a mnunin|pa/ ordinance or bylaw and not on the Massachusetts VVe0onda Protection Act orregulations, the | Department nfEnvironmental Protection has no appellate jurisdiction. | � wpaform2.doc rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 5 of 5