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Home My WebLink About268 Rea Street DOA Negative Determination - Permits - 268 REA STREET 7/17/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE 43 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL, CONDITIONS 268 Rea Street, North Andover At the July 17, 2024 public hearing,the NorthAndover Conservation Commission (NACC) voted to issue a Negative##3 :Determination of Applicability (RDA.), approving the project at 268 Rea Street based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowners James and Marcella Lynch proposed the following project elements: This is a deck rehabilitation and expansion project located approximately 95' from a wetland resource area. The existing structure is approximately 25 years old and is beginning to deteriorate, with the stair stringers being in especially bad shape. All existing deck materials will be dismantled, all reusable deck materials will be salvaged, and the remainder of the materials will be disposed of. The L, shaped deck will be rebuilt to code and be squared off with a 10' x 8' addition, with final deck dimensions being 22' x 16'. Five (5) footings are to be reused, any new footings will be dug by hand, and the stairs will be extended parallel to the length of the house. At its closest, the new deck/stairs will be approximately 95' from a wetland resource area at the rear of the property. All new materials, as well as a temporary dumpster, will be stockpiled/stored outside of the 100' Buffer Zone. At the public hearing on.July 17, 2024, the NACC voted to close the hearing and issue a Negative 43 Determination subject to compliance with the approved plans and conditions listed below. The project shall conform to and comply with the following: Applicant: James & Marcella Lynch 268 Rea Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1 & Supporting Materials Submitted: July 1, 2024 Record Plans: 268 Rea Street Deck Rebuild Diagram, Dated: July 1, 2024 Certified Plot Plan showing Existing Conditions, Dated: May 18, 2021- annotated to show propsoed deck expansion and stair relocation The following special conditions are mandated: 1. Erosion controls in the form of 8" (at a minimum) mulch socks shall be installed, and securely staked down, between the limit of deck work and the wetland resource area. 268 Itea street,North.Andover Negative#3 Determination of Applicability—Findings fir.special Conditions Page t of 2 2. Before work may begin, a pi-e-construction meetin shall be scheduled with the Conservation Department, contractor and homeowner to confirm that the required erosion controls have been Properly installed, and that ensure the approved plan and conditions are understood. 3. A post-construction niectin shall be scheduled with the Conservation Department when the work is complete to verify compliance with the approved plan and allow removal of erosion controls. �= The applicant and their contractors are advised that NO other work o1 the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated l 00--hoot buffer zones on site and. any work that involvesi-)iound disturbance or changing the current conditions in these areas will require permitting with the NxzC- —This includes but are not limited to house additions, pools, patios,_decks, sheds, fences, garden beds landscaping and bridge installation, tree or vegetation cuttin�pruni�ng These activities shall be held to the current standards under the Bylaw and WPA. 268 Rea Street,North Andover Negative#3 Determination of Applicability--Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form Determination of Applicability pp y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Muidpaiiky_._...._..... A. General Information , Important: When filling out From; forms on the computer,use only North Andover the tab key to move Conservation Commission your cursor-do not use the return key. To; Applicant Property Owner(if different from applicant): r James & Marcella.Lynch - Name Name 268 Rea Street ....... .... ........... -- _........_ ..._._.. m Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code i lWTown State Zip Code 978-852-7800 Phone Number Phone Number james.lynch@gmail.com Email Address Email Address(if known) 1. Project Location; 268 Rea Street North Andover Street Address City/Town How to find Latitude 42,66846 r•71.09645 afn€t Lcarggltud _ _... 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 !lap,38 Lot 127 ctecirn-a'I)e rges, - _ Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: July 1, 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): This is a deck rehabilitation and expansion project looted approximately 95'from a wetland resource area. The existing L shaped deck,will be squared off with a 10'x 8'addition, with final deck dimensions being 22'x 16'. All reusable deck materials will be salvaged. Five(5) new footings are to be reused, any new footings will be dug by hand, and the stairs will be extended parallel to the length of the house' Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA,Application &_porting Materials July 1, 2024 Title Date 268 Rea Street Deck Rebuild Diagram _ July 1, 2024 Title Date Certified Plot Plan annotated to show deck project Rcvd July 1, 2024 Title Date vrpaform2.doc•rev.4/2812023 wPA Form 2—Determination of Applicability•Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality D. 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). d 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. E] 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 171 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.412812023 WPA Form 2—Determination of Appticability-Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands P A Form 2 — Determination of Applicability�� y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 f ufficipality.......�._. D. Determination (cant.) 171 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: ❑ 7. If a Notice of Intent is filed for the work in the Riverfrant Area 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 wetland regulations at 10.58(4)(c) 2. for more information about the scope of alternatives requirements): Alternatives limited to the lot on which the project is located. El 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. El Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. EJ 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 an this project unless the Department fails to act on such request within 35 days of the date the request is past-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. 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zane. El 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 a Notice of Intent. 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). Erosion controls shall be installed, a pre and post construction site inspection shall be scheduled. **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. vrpaform2.doc•rev.4/28/2023 WPA form 2—Determination of Applicability•Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WP'A Fora 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 Munlclpaiity _.-- B. 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: _ ... ... ....._w...... -- ............... Exempt Activity(site applicable statutory/regulatory provisions) El 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: By hand delivery on By certified mail, return receipt request on Date Date 7 i I 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 eQEP DOA Submittal Platform (Attach this form and supporting documents) By USPS mail ❑ By hand delivery Date Date Property Owner(if not applicant) By mail ❑ By hand delivery Date Date wpaforn12,.doc•rev.412 812 02 3 wPA Form 2—Determination of Applicability-Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands fWPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. As noted above, a copy must be sent to the appropriate DEP Regional Office (see https//www.mass.gov/service- details/massdep-regional-offices-by-community) and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority ignatures: star '� Printed Name µ -- -- .. . r i at ,` Printed Name _,mmZ Si akure t Printed Name ,® g-e Print Name I""i'Itur . Sigg ur °. ,.. ," . "� . �...� ...... �......�. Printed Name Si xakure 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 https.fd ww.Mg, goy/sgrvipe- eetails/massdep regional-offices-byu commute) 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 to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc-rev.4/28/2023 VVPA Form 2—Determination of Applicability�Page 5 of 5