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Home My WebLink About95 Hillside Road DOA Negative Determination - Permits - 95 HILLSIDE ROAD 7/17/2024 n CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY IfINDINGS & SPECIAL CONDITIONS 95 Hillside Road, North Andover At the July 17, 2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative 43 Determination of Applicability (RDA), approving the project at 95 Hillside Road based on its findings s below and subject to conditions listed below. The RDA application, filed by the homeowner Rusanne Wise,proposed the following project elements: This project involves a total driveway rehabilitation, proposed to repair years of storrnwater damage that has create([ a sinkhole issue over time. The project also aims to improve driveway conditions for stormwater drainage. The work will be 70 feet from the wetland at its closest point, and will total about 440 square feet in the buffer zone, as the majority of the driveway is outside the 100' 13%. The approved driveway rehabilitation plan includes the follow elements within the jurisdictional buffer zone: • Removing existing concrete pavers between the driveway and garage, and extending the driveway asphalt to the garage floor. • Remove the existing asphalt and fill/regrade subgrade beneath the driveway that has experienced settling. • Repave the entire driveway. • Pitch the driveway to the left, slightly away from the garage (which occasionally floods), so stormwater does not collect at the end of the driveway. Stormwater currently flows in this direction, so flow patterns will not be altered in any significant way. • Install a 2' x 2' x 25' stone infiltration trench along the left side of the driveway and fill it with crushed stone to help disperse and infitrate the stormwater and prevent erosion alongside the driveway. At the public hearing on July 17, 2024, the NACC voted to issue a Negative 113 Determination subject to compliance with the approved plans and conditions listed below. The project shall conform to and comply with the following: Applicant: Rusanne Wise 95 Hillside Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability 1,orm 1 & Supporting Materials Submitted: June 27, 2024 Record Plans: 2024 Driveway Rehab - hinal RDA flan - 95 Hillside Road dated July 11, 2024 95 Hillside Road Negative#3 Determination of Applicability--Findings&Special Conditions Page I of 2 The followina special conditions are mandated: I. Install erosion controls in the form of 8" (at a minimum) mulch socks shall be installed, and securely staked down, between the limit of excavation work and the wetland resource area(60 feet from the wetland is acceptable) 2. Schedule a pre-construction meeting with the Conservation Department, the contractor and the homeowner to confirm that the required erosion controls have been properly installed, and that ensure the approved plan and conditions are understood. 3. The applicant is allowed to install ground cover landscaping up to 50 feet from the wetland in order to ensure a stable vegetated condition that receives any flow from the driveway or new pavement at corner of garage. 4. Schedule a post-construction meetin with Conservation Department staff when the work is complete to verify compliance with the approved plan and allow removal of erosion controls. The project is approved only as it relates to the Conservation Commission and any and all other approvals/permits should be obtained by the applicant/homeowner(if any). ** The applicant, and their contractors are advised that N4 other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes but are not limited to house additions,,_poals,_patios,,..ciecks,, s. .l sheds, fences, garden bed ... sndscapin s and bridge installation tree or ve etation cuttin runin These activities shall be held to the current standards under the Bylaw and WPA. 95 Hillside Road 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 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); f Rusanne Wise Name Name ' 95 Hillside Road n Mailing Address Mailing Address North Andover MA 01845 City/Tawn state Zip Code City/Town State Zip Code 978-853-0064 —----------......................................._.-._..-........---------- _.... ...... Phone Number Phone Number macneilwise@gmaii.com gmall.com Email Address Email Address(if known) 1. Project Location: 95 Hillside Road North Andover Street Address Cityrrown How to find LatRudg 42.66931;, '171.11443 auact_ILer� "ttadg, Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Fornat with 5 digits aft 11 er decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 98.0 Lot'58 decirc,'o do Les _._..__._ .__.. ...... - g — Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed; June 27, 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 is a driveway rehabilitation project partially located within the 50'-100' No-Build Zone associated with the BWV at the rear of the property, The driveway will be removed, regraded, and repaved„ and an infiltration trench will be installed along the left side of the driveway to prevent erosion Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA Application &Supporting Materials June 27, 2024 Title Date 2024 Driveway Rehab.. Final RDA Plan-9 Hillside Road July 11, 2024 Title Date Title Date %Vaform2.doc•rev.412012023 wPA Form 2—Determination orApplicabllity•Page 1 of 5 Massachusetts Department of Environmental Protection BUneGU of Water Resources - Wetlands �� a� �� `�K��~��~�� K��U~��^U^�� _ _ _ _ - Form __ Determination' — - Applicability—''--� North Andover Massachusetts Wetlands P[UfeOtiOD Act M.G.L. O. 131. &40 Municiptafity B. Determination (cont.) The following Detenninnbun(s) is/are applicable to the proposed site and/or projan relative tothe Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection ActmoyproomedonU| mfino} Orderof 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). [J 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. Fl 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 aato all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for ao long aa this Determination imvalid. i] 2b. The boundaries of Wetlands Resource Anam(m) and Buffer Zone(e) listed below are not confirmed by this DeterminoUon, regardless of whether such boundaries are contained on the plans attached to this Determination orho the Request for Determination. Fl 3. The work described on referenced plan(s) and document(s) is within an area subject to jurisdiction under the Act and will n»move. O||, dredge, o,alter that area. Therehnro, said work requires the filing of Notice ofIntent. [J 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. There[nre, 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: � Pursuant to the following municipal wetland ordinance or bylaw: � mamo vrdi nance or-��um�n � � / "»af"fm,^or'rev.wuwum^ wpx Form x-Determination w Applicability'Page umo � Massachusetts Department of Environmental Protection [}UneGU of Water Resources - Wetlands L(�1 �� ^� �� m��~K��~�� K�K�U~��~U~�� _ _ _ _ _ Form _- Determination' — ' Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Municipality B. Determination /cCJOf.\ L] O. The following area and/or work, if any, ka subject hoa municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: El 7. |fa Notice of Intent is filed for the work in the RivarfronL Area described on referenced p|on(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): 171 Alternatives |imn|had to the lot onwhich the project is located. 171 Alternatives limited to the lot onwhich the project is |ocated, the subdivided kts, and any adjacent lots formerly or presently owned bv the same owner. 11 Alternatives limited ho the original parcel on which the project is |ooahad, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. El Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the obah*. Negative Determination | Note: No further action under the Wetlands Protection Act is required by the applicant, Hovvevar, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed Vn this project un|eaatheUepmrtmentha||etoaotonsuohrequestwithin35dayaofthe | | 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 mf i this document. � � [] 1. The area described in the Request is not an area subject to jurisdiction under the Act or the � Buffer Zone. F1 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 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|ntent, subject to the following conditions (if any). � � ,Install erosion controls, hold pre-construction on site meeting and a post construction on site 'meeting, '**See attached list of Findings and Special Conditions" 4. Thewo[kdesnhbedintheRequeniksncdwithinanAnaaouNecthojuMsdktinnundertheAot � (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 of Water Resources -Wetlands WPA Form 2 — Determination of ,A► licabilit II L �� 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 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 6 7019 2280 0001 5566 1618 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 El By gQEF DOA Ubmii,ttaL.Platform (Attach this form and supporting documents) By LISPS mail By hand delivery Date Date Property Owner(if not applicant) 0 By mail ❑ By hand delivery Date Date vrparorm2.doc•rev.4/2812023 wPA Form 2--Determination of Applicability-Page 4 of 5 Massachusetts Department of Environmental Protection Bureau Cf Water Resources - Wetlands �� 8�� ^� �� ~K��*~�� d��K�U~��~U~txx � _ _ _ -- Determination— - Applicability—'''�� North Andover ILI M88G@chUS8ttS Wetlands P[OteCfiOD /\Ct M.G.L. O. 131' G40 Municipality C. Authorization (cont.) This Determination |a 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, otoba, or local atotutea, ordinances, bv|avvn' or regulations. This Determination must be signed byo majority oftheConaervationCommission. /\snotedabm/e. o copy must be sent bn the appropriate DEP Regional Office (see and the property owner(if different from the applicant) nn the same date that the Applicant is issued this Determination. -Si ature Printed Name si a ure d N�op -Priinted Name (griature 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/etobe done, ur any ten residents of the city or town in which such land ie located, are hereby notified of their right b) request the appropriate Department ofEnvironmental Protection Regional Office ( ggninigDLfty)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 nV appellate jurisdiction, � ! "v*"rm,*" 'rev.4uumo23 mpx Form u-Determination m Applicability^Page omx