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Home My WebLink About224 Chestnut Street DOA Negative Determination - Permits - 224 CHESTNUT STREET 9/25/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DDETEIZMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 224 Chestnut Street,North Andover At the September 25, 2024 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative #3 Determination of Applicability approving the project at 224 Chestnut Street,based on its findings below and subject to compliance with the conditions listed below. The work includes: The project involves demolition of the existing deck&stairs and rebuilding in the sarpq_footprint but extending the deck footprint by 2'by cantilever so that the new footings will remain within the same general area as existing. A new additional set of stairs are proposed and will project perpendicular to the house but no closer to the wetland than existing deck. These new stairs will rest on an 18"x4' concrete landing. The existing stains are 1.2'from the bank of the intermittent stream and that measurement will not change,and the existing deck is 1.9'from the stream,cantilever will be 17'. The project shall conform to and comply with the following: Applicant: Gregory Christo 224 Chestnut Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: August 27, 2024 Record Plans: Updated Deck Plans-annotated aerial dated 09-16-24 Deck Sketch Plan stamped received 09-16-24 `I"he following special conditions are mandated: 1. Erosion controls in the form of 8" straw wattle or mulch/compost socks shall be installed,and securely staked down,between the work and stream at the top of the existing retaining wall. 2. An on-site pre-construction meeting shall be scheduled with a Conservation. Department staff, the applicant and the contractor to confirm that the required erosion controls have been properly installed,and that ensure the approved plan and conditions of approval are understood. 3. A post-construction inspection shall be scheduled with Conservation Department staff when the work is complete to verify compliance with the approved plan and approve removal of erosion controls. **The applicant,and their contractors are advised that NO other work on the property that is within the 100-foot buffer zone is allowed under this permit. The NACC has jurisdiction over all of the wetlands 224 Chestnut Street Negative#3 Determination of Applicability--Findings&Special Conditions Page 1 of 2 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 reqqi e-,p imittip�with the NACC. This includes,but are no limited to,house additions, fools,patios,decks,sheds,fences, garden beds,landscaping and bridge. installation, tree or vegetatioll cutting runing.These activities shall be held to the current standards under the Bylaw and WPA. 224 Chestnut Street Negative 113 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 V�-n'ici6aihy __.---------------------- 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): i Gregory Christo Hellas RealtyTrust, George Christo Trustee VQ Name Name .............. .... 924 Chestnut Street 224 Chestnut Street Mailing Address Mailing Address North Andover MA 01845 North Andover MA '01846 y1ty/f --------- -- ------- -State- -—Z—ip—C Code _North n------- � -- -- ----- State-- -Zip Code 978-302-5731 617-680-4425 Phone Number Phone Number gregxto919@comcast.net Email Address Email Address(if known) 1. Project Location: 224 Chestnut Street ;forth Andover Street Address City[Town How to find Latitude 42,67420 ,71.11000 and Longitude 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 60 1 Lot 134 decinia .......... ............. LiLde-qr�ees ............................ .. . ... .................................... Parcel/Lot Number Assessors Map/Plat Number 2. Date Request Filed: August 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): 'Demolition of the existing deck&stairs and rebuilding in the same footprint but extending the deck footprint by 2' by cantilever so that the new footings will remain within the same general area as existing. Anew additional set of stairs are proposed and will project perpendicular to the house but no closer to the wetland than existing deck. These new stairs will rest on an 18" 4'concrete landing. The existing stairs are 12' from the bank of the intermittent stream and that measurement Will not change,_and the existing deck is 19'from the ,stream cantilever will be 17'� .. ................ .............. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability Form 1, with supporting' 08-27-,24 materialsDate Updated Deck Plans—annotated aerial dated 09-16-24 Deck Sketch Plan stamped received 09-16-24 Date ------------------- ....... .. Title Date vr aform2.doc rev.4112/2023 WPA Form 2--Determination of Applicability-Page 1 of Massachusetts Department of Environmental Protection L7 Bureau Of Water Resources - Wetlands ��X�� ~� N��~��^�� K~��~U~�� _ _ _ _ _ Form __ Determination- — ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.[. c. 131, §40 Municipality B. Determination (cont.) The following Deterrinination(s) is/are applicable to the proposed site and/or projectrelative hothe Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until m final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(Le., Conservation Commission or the Department of Environmental Protection). [] 1. The area described on the referenced plon(s) isan area subject ho jurisdiction under the Act. Removing,filling,dredging, or altering cf the area requires the filing o[a 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 regarding such boundaries for aa long es this Determination ievalid. ------------------ | Fl 2b. The boundaries of Wetlands Resource Area(s) and BufferZono(s) listed below are not confirmed by this Oahmrnoinabun. regardless of whether such boundaries are contained on the plans attached to this Determination Vrto 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. 0U, dreUDe, or alter that area. Tbenofona, said work requires the filing of Notice of Intent. El 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 ofIntent [l 5. The area and/or work described on referenced plan(s) and document(s) is subject to review | and approval by: | | Pursuant ho the following municipal wetland ordinance orbylaw: memm Ordinance or u*awuxmmm � wfeaformZdoc^rev,w^m2023 WPA Formc-meterminationwApplicabilfty'Pagecmo Massachusetts Department of Environmental Protection BUK98U of Water Resources - Wetlands � �� N�� ~� .� U��~��^�� U~��^~U~�� _ - ' - - Form -- Determination- — - Applicability--''--� North Andover � Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 � B. Determination (cont.) [] G. ThefnUovvngaremond/orwork if any, is subject kno municipal ordinance ur bylaw but not subject to the Massachusetts Wetlands Protection Act: [] 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 ho the wetland regulations at 10.58(4)(o) 2. for more information about the scope of alternatives requ|nemnents\: Alternatives limited to the lot onwhich the project is located. Alternatives limited to the lot onwhich the ' tie located, the subdivided |oto, and any | | adjacent lots formerly mr presently owned bv the same owner. � �l Alternatives |innibsd b)the original parcel on which the project is |nnahaU, 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 oppUoonL Hovvmwar' if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|eootheDepadmentfai|atoocdonsuohoequastvithin35dgyuofthe 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 |iehad at the end of | this document. | [l 1, The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. [l 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not remove, U||, dredge, or alter that area. Therafore, said work does not require the filing rf � o Notice ofIntent. � 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, i 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, � schedule` re& post-construction site inspection with Conservation Dept, See attached Findings& Special Conditions E] 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 bo jurisdiction Linder the Act. Massachusetts Department of Environmental Protection L7, Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality ---------- --------------- B. Determination (cont.) El 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 10-02-24 Date Date 7020 1290 0001 4776 5887 .......... 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 F1 By g_QE-P DOA SubmittaL.Platform (Attach this form and supporting documents) By USPS mail ❑ By hand delivery 10-02-24 ............ .............. Date Date Property Owner(if not applicant) F] By mail El By hand delivery Date Date wpaform2.doc rev.4112/2023 WPA Form 2 DBtermination of Applicability-Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ��1�� ,� ��~��~�� U~��~U~�� °° " "—" Form =~ Determination" ~" " Applicability North Andover � Massachusetts Wetlands Protection Act M.G.L. C. 131. &40 wvn��unty C. Authorization (cont.) This Determination is valid for three years from the date of issuance (except Dmhmnn|noboos for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant frorn complying with all other applicable federal, state, or local statutes, on1inancos, bv|uvvu. or regulations. This Determination must be signed by o majority of the Conservation Commission. As noted 0bovo, m copy must be sent to the appropriate DEP Regional Office (see ) and the property owner(if different korn the applicant) on the same date that the Applicant|e |omuad this Determination. Issuing Authority Signatures: -P�inted—Name Signature Printed Name Sig'natuie Printed Name Signature Printed Name D~ Appeals The opo|icant, owner, any person aggrieved by this Dek*nninobon, any owner ofland abutting the land upon which the proposed work is to be donm, or any ten residents of the oib/or town in which such land |e located, are hereby notified of their right tV request the appropriate Department ofEnvironmental Protection Regional Office (see )toiomueaGupmraedingDnierminaUonofApp|inabi|ity. Thernqueotmustb* madeby certified roo|{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 DeternninaUon. A copy of the request shall at the same time be sent by certified mail urhand delivery to the Conservation Commission and to the � applicant if he/she is not the appellant. The request shall state clearly and concisely the oNeoUonoho � ' � the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not onthe Massachusetts Wetlands Protection Act or regulations, the Department nfEnvironmental Protection has no appellate jurisdiction,