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Home My WebLink About60 Saville Street DOA Negative Determination - Permits - 60 SAVILLE STREET 8/28/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 60 Saville Street, North Andover At the August 28, 2024 public hearing, the North Andover Conservation Commission (NA("'C) voted to issue a Negative#3 Determination of Applicability (RDA), approving the project at 60 Saville Street based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowner Steven Perlmutter,proposed the following project elements: The wetland resource areas on site include an intermittent stream(a tributary to Mosquito Brook) and associated bordering vegetated wetlands, as well as the associated 25' No-Disturbance Zone, 50' No- Build Zone, and 100' Buffer Zone. Work approved under this permit includes rehabilitation and extension of an existing open deck. The existing deck is approximately 65' from the bordering vegetated wetland at its closest point. The approved 10' x 12' deck, landing and stairs will require 6 new sono-tube footings, as well as the installation of a 3'x 4'concrete pad for an anchor at the bottom of the new stairs. The new deck addition and associated features are no closer to the wetland than existing conditions. At the public hearing on August 28, 2024, the NAC X voted to approve this project and issue a Negative#3 Determination of Applicability subject to compliance with the approved plans and conditions listed below. The project shall conform to and comply with the following: Applicant: Steven Perlmutter 60 Saville Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Forin I & Supporting Materials, Submitted: August 1, 2024 Record Plans: Deck Addition (RDA)—Plot Plan with Wetlands, Dated: July 31, 2024 The following special conditions are mandated: 1. Install erosion controls, in the form of 8" (at a minimum) straw wattle or mulch sock, shall be installed, securely staked down. These erosion controls should be placed along the entire section of the deck where new footings are being installed, preventing any loose sediment from traveling towards the wetland during construction. 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. 60 Saville Street Negative 43 Determination of Applicability- Findings&Special Conditions Page I of 2 3. Schedule a post-construction meeting with Conservation Department staff when the work is complete to verify compliance with the approved plan and allow reirioval of erosion controls. The awlicant, 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 I 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, 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 under the BvIaw and WPA. ----------- 60 Saville Street Negative#3 Determination of Applicability-.-Findings&Special Conditions Page 2 of 2 -low 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 .................. the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Steven Perlmutter VQ Name Name ................. ----------- 60 Saville Street Mailing Address Mailing Address North Andover MA 01845 Cityfrown State 'tip''Code "Cit'yfT'ow'—n —State —Zip Code 617-872-4685 PFO—ne—N—umber ----------- --- ---------------------------- P-h...Phone e--Number Email Address—- ------------------------ Email Address(if known) 1 Project Location: 60 Saville Street North Andover -Street Address Cityrrown .H.o.w"to-fi,r).4 Ua.1.1lig-de 42,66467 11041 .a---n—d L-qng:Ltude 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 'Map 98.D Lot 3 7................................................ —----------------------------------—----------- eckral.d re ...... Assessors MaplPlat Number Parcel/Lot Number 2. Date Request Filed: August 1, 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): 'Rehab and extension of existing open deck within 100-foot buffer zone to BVW. ---------------------....................I .. .........------------ ...........................................................................-----------------............ ...... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: .RDA,A, Pp,llc n.A fin_--atio Sypporq-Matedals July 30, 2024 Title Date Deck Addition (RDA)- Plot Plan with Wetlands, July 31, 2024 -- --------------- Title Date Title Date wpaform2.doc rev.4/2.8/2.023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Vf Water Resources - Wetlands � ��0�� K��K�� w� __ ��u��^k��~��U� �� K��U~��~U~*�� _ _ ' ' ' Form _- Determination- — ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.[. C. 131' Q40 Municipality L71 B. Determination /c[]nf.\ ' 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: Nm 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 plan(s)is an area subject to jurisdiction under the Act. Remnving, filling, dredging,or altering oy the area requires the filing ofo Notice ofIntent. [l 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 na0and|nQ such boundaries foram 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 nrtV the Request for Determination. El 3. The work described on referenced plan(s) and docurnent(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 ofa Notice ofIntent. 171 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter anArea subject to jurisdiction under the Act. Thenefona, said work requires the filing of � Notice ofIntent � [l 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 b)the following municipal wetland ordinance orbylaw: Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form Determination of Applicability y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municiperky............. B. Determination (cunt.) ❑ 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: El 7. If a Notice of Intent is filed for the work in the Riverfront 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. 1771 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. 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. ❑ 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 unless 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 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 Zone. FJ 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). Install erosion controls, halo pre-construction on site meeting and a post construction on site mee#ing, ;**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. wpal'orm2.doe rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 3 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��U�� .� K��K�~��~�� U~��~U~�� | _ _ _ _ _ Form _- Determination' — - Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.[. C. 131' §40 Municipality B. U��K�~��~K�� /�OD* \ | =~^ Determination" ~" (cont.) | E] 5. The area described in the Request ia subject bo 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 im required: Exempt Activity(Slie-a"-,p--p"l"i-c"-,a--b"l-e",statutory/regulatory provisions) [] 8. The area and/or work described in the Request io not Subject to additional review and approval Pursuant to o municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued tV the applicant and delivered anfollows: El By hand delivery on By certified mail, return receipt request on Date Date 7O�� 2410 0001 8666 3714 ertified 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: � DEP � [7 By (Attach this form and supporting documents) � ByUSPSmail El By hand delivery | � Property Owner(if not applicant) [] By mail [l By hand delivery / Date Date ! � °pmrmx,doc'rev,*m00023 mpx Form z-Determination ofxpmicawm 'Page^mx Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands � WPA F�� ~� U��~��~�� U~��~U~t� � - �� Determination— ' Applicability North Andover � Massachusetts Wetlands PFOfeOfDD Act M.G.L. C. 131' §40 Municipality C. Authorization (cont.) This Determination is valid for three ywmnm from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Oetenninohmo dnan not relieve the applicant from complying with ail other applicable federal, state, or |noa| statutes, ordinenmao, bv|uvvo. or regulations. This Determination must be signed by a majority of the Conservation Commission. As noted ebove, a copy must bg 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. issuing Authority Si Signature Printed Narne 304 --------------- Signature Printed Name Signa Le Printed Name S�Ig'nature Printed Name D~ Appeals The app|izont, owner, any person aggrieved by this Determination, any owner ofland abutting the land upon which the proposed work in to be done, or any ten residents of the oib/or town in which such land is |ooatod, are hereby notified o(their right tn request the appropriate Department of Environmental Protection Regional Offi ( qqmMur�ty)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 nrregulations, the Department ofEnvironmental Protection has no appellate jurisdiction. � ' � � � i � .vw"rmu.d" 'm°41281cma vPx Form z-Determination m Applicability'Page xwo �