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Home My WebLink About340 Johnson Street DOA Negative Determination - Permits - 340 JOHNSON STREET 8/28/2024 0 CONSERVATION DEPARTMENT" Community Development Division NEGATIVE #3 DETERMINATION OF APPI.,ICABILITY FINDINGS & SPECIAL CONDITIONS 340 ;Iohnson Street, North Andover At the August 28, 2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative 43 Determination of Applicability(RDA), approving the project at 340 Johnson Street based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowner Amy Rock, proposed the following project elements: Work approved under this permit includes installation of a 54" aluminum rod style fence within the 50' No-Build Lone (but outside the 25' NDZ), as well as installation of a pervious paver patio, totaling approximately 400 square feet, outside the 50' No Build Zone. Portions of both structures will be located within the outer reaches of the 200' Riverfront Area. `rlie wetland resource areas on site include the 100- Foot Buffer Zone associated with the bank of a small pond as well as the outer reaches of the 200-Foot R.iverfront Area associated with an urulamed perennial stream. The property is also within the protected Lake Cochichewick watershed. At the public hearing on.August 28, 2024, the NACC voted to approve the waiver request to allow installation of the proposed fence within the 50' No Build Zone, and 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: Amy Rock 340 Johnson Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1 & Supporting Materials, Submitted: July 16, 2024; 340 Johnson Street RDA Addendum with specifications for permeable granite stone for paver joints in patio Record Plans: Patio and Fence (RDA)—Plot Plan with Wetlands - 95 hillside Road, Dated: July 9,2024 The following special conditions are mandated: 1. Install erosion controls in the form of 8" (at a minimum) straw wattle or mulch socks shall be installed, and securely staked down, between the limit of work and the wetland resource area (along the 25' No- Disturbance Zone of the pond). 340 Johnson Street Negative#3 Determination of Applicability--Findings&Special Conditions Page I of 2 2. Schedule a pre-construction mectin 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. 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 applicant, and their contractors are advised that NO other work on the property is allowed under this permit. The NACC hasjyfiAction over all of the wetlands and associated I Oa-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, pools, patios, decks, sheds, fences, garden beds, landscaping,and bridge installation, tree or vegetation cutting/pruning. These activities shall be held to the current standards Linder the Bylaw and WPA. 340 Johnson Street 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 Municipal"i"t—y 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): Amy Rock Name Name 340 Johnson Street yam .Ma I ifing Address 11 Mailing 11 Address North Andover MA 01845 -------- ......... Cityfrown State Zip Code City/Town -------- ---- -State__ Zip ... . Code --.......... 978-269-4020 Phone Number Phone Number amykbrennan@gmail.com Email Address Email Address(if known) 1. Project Location: 340 Johnson Street North Andover Street Address City/Town How to find Latitude 42,67400, 1-71.10334 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) Viand how to convert to Ma Lot 26 decimal der reel Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: July 16, 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): Installation of an 64"aluminum rod fence within the 60' No-Build Zone and installation of a pervious, 'paver patio between 50'-100' Buffer Zone. Both new structures are partially proposed within the outer reaches of the 200' Riverfront Area to an unnamed stream; . .............................. ............................. ...................... --------------- Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: RDA Application &Supporting Materials July"15, 2024 Title Date Patio and Fence(RDA) Plot Plan with Wetlands Lines MY% 2024 Title Date RDA Addendum Proposed Patio Materials ----- Title Date wpaform2.doc•rev,4128/2023 VVPA Form 2 Determination of Appkability-Page I of 5 / � � | Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands � ��U�� o�� ~� U��*��^��~�� U~��~U^�� _ _ _ _ _ Form __ Determination- -' - Applicability—'---� North Andover i Massachusetts Wetlands Protection Act M.G.L� c� 131, G40 � B. Determination (cont.) � The following Determination(s)is/are �othaproposedmiba�nd/o/pr�eoino�UvokzU�e ! applicable | 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). [] 1. The area described on the referenced p|nn(a)imen area subject 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 ao long am this Determination imvalid. 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 orto the Request for Determination. 3. ThevvorkdeecribedVnreharenoedp|an(s) and doounnenKn> is within on area subject to jurisdiction under the Act and will remove, f|||, dredge, nr alter that area, Thereforo, said vvVrh requires the filing ofo Notice ofIntent. [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will | alter anArea mubiect�o jurisdiction Linder Therefore, said work requires the filing V�o � ^ | Notice ofIntent � Fl 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: � wv Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation n*mormzvoc'rev.4mm2ma WPA Form 2-Determination m Applicability'Page 2mu Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��y�� K�� *� �� ~K��t~�� K�U~��8�~U~tnm � _ - - _ -- Determination— - Applicability-----� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 B. Determination (cont.) i] fl The following area and/or work, if any, is subject hoa municipal ordinance orbylaw but not subject huthe Massachusetts Wetlands Protection Act [l 7. |fo Notice of Intent|s filed for the work in the Riverfn)nt Area described om referenced p|an(a) 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): � E] Alternatives limited to the lot nn which the project is |ocohaU. | El Alternatives limited to the lot on which the project|s |000had. the subdivided lots, and any \ adjacent lots formerly nr presently owned by the same owner. | EJ Alternatives limited to the original parcel onwhich the project is located, the subdivided ' pance|a, any adjacent parcels, and any other land which can reasonably be obtained within � the municipality. L] Alternatives extend to any sites which can reasonably be obtained within the appropriate | region nf 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 o Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 Uoyn of the 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 ho the Conservation | Commission. Requirements for requests for Superseding Determinations one listed at the end of � � this document. � El 1. The area described in the Request is not an area subject to jurisdiction under the Act or the � Buffer Zone. 1771 2� Thmvvorkdeschb�d |nthoRmqueat|ev�th|nonanaaaub|eCtto 'ud�diotionunder�haAc�. but | -_ ^ ^ � will not namVvm' UU, dredge, or alter that area. Therefore, said work does not require the filing of � a Notice nfIntent. | � 8, 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).meeting, �**See attached list of FindiNs and,Special qonditions** � Install erosion controls, hold pre-construction on site meeting and a post construction on site � 4. The work described in the Request is not within an Area subject to jurisdiction under the Act � (including the Buffer Zone). Therehoro, said work does not require the filing of Notice of|nbant, un|aoo 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 Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cont.) F1 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: MarileeMunicipality- - ........................... 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 7022 2410 0001 8666 3707 ------------------------------------------------------------- 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 Platfo, !"m (Attach this form and supporting documents) By USPS mail F1 By hand delivery 09-04-24 - 4 e ......... ......... -Date-- ......6 Property Owner(if not applicant) By mail ❑ By hand delivery Date Date wpafwrn2.doc-rev.412.812023 WPA Form 2-Determination of Applicability Page 4 of 5 LAMassachusetts 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 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 htt s://www.mass. ov/service- details/massdep-regional-offices-b --community) and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. -_ _-_ .... ........... Issuing Authority g nat , s. Si natu Printed Name 04-11 I'll Si re Pri ted Na e Signature Y Printed Name Signat Printed Name l/►fr r. _- - Sign to �..1 � �.� 'nted Ps a e Signatur 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 htt s:/" w.ruass. ov/servlce- etailslmassde -re iot�al-offaoes-b communi ) 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.4/2 812 02 3 WJPA Form 2—Determination of AppVicability•Page 5 of 5