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Home My WebLink About201 Amberville Road DOA Negative Determination - Permits - 201 AMBERVILLE ROAD 4/24/2024 0 CONSERVATION DEPARTMENT Community Development Division. NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 201 Amberville Road, Nortli Andover At the April 24,2024 public bearing, the North Andover Conservation Commission (NACC)voted to issue a Negative##3 Determination of Applicability(DOA), approving the project at 201 Atnberville'Road based on its findings below and subject to compliance with conditions listed below. The RDA application, filed by the homeowner Dean Hotaling,proposed the following project elements: This project includes grading and installation of a patio, retaining walls,and associated masonry stairs within the 100' Buffer Zone to bordering vegetated wetland resource areas at the back of tlte property. 'fhese hardscape features total 245 square feet along the left side of the house. At its closest, the pavers to be set in lawn connecting the existing deck to the new patio stairs will be just inside the 50'No Build Zone. As a part of the project proposal, � removal of existing wetland violations and restoration of those areas is proposed,,which include: a shed located ill the 25' No-Disturbance'Zone(25' NDZ)will be removed from the premises, removal of landscape planting beds, and an existing chain link fence in the 25' NDZ will be removed. A new wood and wire tnesh fence, and will be installed to be located just outside of the 25'NDZ. A 6' tall privacy fence is proposed along the eastern side of the property where the patio is proposed. Native plantings, including winterberry and hay-scented fern, will be installed along the new fence at the 25' NDZ. The entirety of the 25' NDZ shall be left to renaturalize with volunteer native plants that will propagate frotn existing seedbed and surrounding vegetation. At the public hearing on April 24,2024,the NACC voted to issue a Negative#3 Determination subject to compliance with the approved plans and conditions listed below. The project shall conform to and comply with the following: Applicant: Dean Hotaling 201 Amberville Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1 & Supporting Materials Submitted April 10, 2024 Record Plans: Existing Conditions flan, Dated: March 19,2024 Proposed Landscape Plan, Dated: March 19, 2024 Compliance with the following Special conditions is mandated; 1. Prior to any work coin mencing(and Building Permit sign off, if required),the required erosion controls must be installed, and shall consist of: a. 1.2" mulch sock(not straw) backed by entrenched silt fence between the patio work and in front of tile shed/chain link fence b. Silt fence entrenched below grade installed at the edge of the wetland to protect it from shed,fence and planting bed removal 201 Amberville Road Negative43 Determination of Applicability--Findings&.Special Conditions Page I of 2 2. Prim-to any work,or removal of existinfZ violations,a site inspection shall be scheduled with Conservation Del)artment staff, the homeowner and contractor to inspect the installed erosion controls, review scope of work and permit conditions. 3. Prior to any work commencing on the proposed patio, all violations 1111.1st be removed and post removal inspection held with the Conservation Department, 4. All construction equipment, supplies, and excess excavated materials shall be stockpiled within the driveway or adjacent to the driveway Upgradient to the work area. S. A post-construction site inspection shall be held with the Conservation Department to ensure compliance, ensure stabilized conditions and approve 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 iurisdiction over all of the wetlands and associated I 00-Foot buffer zones oil site and any work that involves mound 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,_pqtios, decks, sheds fences,_raven qiiidbl�j fic _ _ _ _Ogq installation, tree or vegetation cuttingpruning. These activities shall be held to the current standards under the Bylaw and WPA. 201 Amberville Road Negative#3 Determination of Applicability-Fitidhigs&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 ur""i c'ip—a-1 i t'y------------- 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): Dean Hotaling VQ Name Name 201 Amberville Road ream Mailing Address Mailing Address North Andover MA 01845 ,(to w..n State Zip Code Cityrrown State Zip Code 781-690-3886 Phone Number Phone Number hotalind@yahoo.com Email Address Email Address(if known) 1. Project Location: 201 Amberville Road North Andover Street Address City/Town How to find Latitude 42,62852 �71,06945, and Lonqftqd�q ........... ............................. 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 108C 86 decimal�jtg_(tq§ Ass"e'sso_rs_Map'/P_la"'t'N_u'm be—r , Parcel/Lot Number ---------- 2. Date Request Filed: April 10, 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): This project involves minor grading and construction of a patio area, retaining walls, and associated masonry stairs, totaling 246 sqaure feet.An existing fence and shed located in the 25' No Disturbance Zone will be removed and relocated outside of the 25' No-Disturbance Zone. Native plantings are proposed along the 25' NDZ'�' ................ Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA Application &Supporting Materials ................................................._______----- ,Rcvd April 10 2024 TitleDate. .. . .... ................................ ................. Exisitng Conditions Plan March 19, 2024 Title Date Proposed Landscape Plan March 19, 2024 Title Date wpaform2,doc-rev.412812023 WPA Form 2—Determination of Applicability-Page I of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA L11 Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1Munictpa'rty.._.......... B. Determination (cont.) 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). I 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. 1771 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. El 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 EJ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: . .._ -- ---- ------ --------- Name of Munfcipall... ty_ -- Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation %vpaform2.dac•rev.4/28/2023 wPA Form 2-Determination of Applicability-Page 2 of 5 | Massachusetts Department of Environmental Protection ILIBureau Of Water Resources -Wetlands ��U�� o�� .� U��~��~�� U~��~U~�� _ _ _ _ _ Form _- Determination' — - Applicability—'-'-� North Andover Massachusetts Wetlands Protection Act M.(�.�. C. 131, Q40 B. Determination (cont.) [] 0. The following area and/or work, if any, kg subject tno municipal onjinanoenrbvbawbudnod subject ba the Massachusetts Wetlands Protection Act: [] 7. If Notice of Intent is filed for the work in the RivadrontArao described on referenced plan(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 vvet{anU regulations at1O.58(4)(c)2. for more information about the scope of alternatives m*qu|nynoenhs): 171 Alternatives limited to the lot on which the project(s |ocoted. El A|barosd|ves Um|hnd to the lot on which the project is |onokad, the subdivided lots, and any adjacent lots formerly Vr presently owned by the same owner. Alternatives Um|had to the original parcel on vvh|oh the project is |ocahed, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. E] Alternatives extend to any sites which can reasonably be obtained within the appropriate [Ggi0O of the Sbsbe. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. Howavar, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|esstheDepartnnentfoi|stoantonauohraqueotwhthin35doysnfthe 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. 177 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 |n the Request ia within an area subject to jurisdiction under the Act, but will not remove, fill, dredge. o/alter that area. Therefore, 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 a Notice of Intent, subject to the following conditions (if any). i ^°See attached list of Findings dSpecial Conditions** Fl 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Therefoma, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject ho jurisdiction Linder the Act. Massachusetts Department of Environmental Protection WPA L1Bureau of Water Resources - Wetlands 1 Form ° Determination of Applicability north Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality" B. Determination (cont.) - — 171 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: ___.------- __.. ...._....." ....__... ........_—.._. .......... ......._ y pr _ ._...._. Exempt Activity(site applicable statutory/regulatorovisions) 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: El By hand delivery on By certified mail, return receipt request on Date ...._... _Date ___077 ..._.....................-.-- 7022 241,0 0002 6926 5093 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 eCDEP DOA Submittal Platform (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 v paforrn2 doc•rev.412812023 wPA Form 2—Determinalion of Applicability•Page 4 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��U�� ^�� ~� Y��~��~�� 8~��~U~�� ° � � Form~~~ =~ Determination" ~" " Applicability North Andover Massachusetts Wetlands Protection Act M.G.[. C. 131' &40 C. Authorization (cont.) This Determination is valid for three years from the date of issuance (muxepi 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 ba signed bya majority ofthwConservotinnCnmnoission. Asnotedabova, a copy must ba sent to the appropriate DEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant ia issued this Determination. � Sjgn6ture Printed Name Signature Pr' ited Narne Signature Printed Name Signature Printed Name I 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 go I2mu ity)to issue a Superseding Determination of Applicabiiiity. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see � ` ' ` ' � 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 ie being appealed. Tn the extent that the Determination is based ona municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. "rramrmUo"'rev.w28uo23 WPA Form u-Determination m/*pfi=bility^Page sm*