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Home My WebLink About1265 Salem Street DOA Negative Determination - Permits - 1265 SALEM STREET 9/25/2024 0 CONSERVATION DEPARTMENT Community' Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 1265 Salem Street,North Andover At the September 25,2024 public hearing, this North Andover Conservation Comnnission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 1265 Salem Street,based on its findings below and subject to compliance with the conditions listed below. The work includes: The project entails rehab of an existing 3-season rear porch and associated stairs within the existing footprint. A never section of deck (with no stairs) will be added parallel to the house to be connected and accessible to the porch. The existing porch is 52 feat from the BVW, the new deck will be 56 feet from the BVW, New footings for both the porch and deck will be required (10" diameter,4' deep),construction access& stockpiling limited to the driveway-work contemplated to be accomplished by hand. The project shall conform to and comply with the following: Applicant: Allison llalleck 1265 Salem Street North Andover, MA 01.845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: September 3, 2024 Record Plans: Deck Addition- Plot Plan Annotated Aerial.Map August 20, 2024 The 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 BVW 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 are understood. 3. Schedule a post-construction inspection with Conservation Department staff when the work is complete to verify compliance with the approved plan and approve removal of erosion controls. The ap li�ca_nt aim_nd their contractors are advised that NO other work on the property - at is within the 1.00-foot-foot buffer zone is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any work that involves ground disturbance or changing 1.265 Salem Street Negative R3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 the current conditions in these areas will re�pemm7d ting with the NACC,. This includes but are nat limited to,house additions,pools,patios, decks,sheds fences _arden beds lauldsca ing and l2Aft installation, tree or vegetation cutting Pruning. These activities shall be held to the current standards under the Bylaw and WPA. 1265 Salem Street Negative#3 Determination of Applicability—Findings&Special Conditions Rage 2 of 2 Massachusetts Department of Environmental Protection LBureau of Water Resources - Wetlands � WPA Form Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Munlctr�aii1y_-- 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): Allison Halleck VQ -Name Name 1265 Salem Street Mailing Address Mailing Address North Andover MA 01846 -City/TownState State Zip Code CityfTown 617-528-0827 —-----—-—--------- Phone Number Phone Number ahalleck@gmail.com Email Address Email Address(if known) 1. Project Location: �1265 Salem Street 'North Andover Street Address City/Town How to find Lafitude 7 42,65850 �71.06950 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-1l,06A Lot 134 decinia-l-dpqrees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: September 3, 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 of an existing 3-season rear porch and associated stairs within the existing footprint.A new 'section of deck (with no stairs)will be added parallel to the house to be connected and accessible to the porch. The existing porch is 52 feet from the BVW, the new deck will be 56 feet from the ,PVW. New footings for both the porch and deck will be required (10"diameter, 4'deep)," construction access &stockpiling limited to the driveway-work contemplated to be accomplished, by hand"', Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability Form 1, with supporting Materials, submitted: September 3,2024 ante Deck Addition— Plot Plan Annotated Aerial Map August 20, 2024 Title Date -tit—le ..........—------- Date wpafofm2,doc-rev.411212023 WPA Form 2-Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands L7, 1� WPA Form 2 — Determination of Applicability�� y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 __.... B. Determination (cont.) The following Determinations) 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). El 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. ❑ 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 Duffer 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. 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, 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 documents) 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 ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Narrte of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name ordinance or Bylaw Citation wpaforrn2.doc rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 2 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��N�� .� U��K�~��~�� U~��~U~�� _ _ _ _ _ Form __ — Determination- — ' Applicability—'---� North Andover Massachusetts Wetlands Protection Act M.G.L. O. 131' §40 Municipality B. Determination (cont.) El 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: Fl 7. If Notice of Intent in filed for the work in the RiverfrontAnao described on referenced plan(s) and douumenUa\. which includes all or part ofthe work described in the Request, the applicant must consider the following alternatives, (Refer to the wetland regulations at 10.58(4)(o) 2. for more information about the scope of alternatives nsquinamenbs): Fl Alternatives limited tn the lot on which the project ia |ocoted. [] Alternatives limited to the lot on which the project iaiocabad. theeubd|v|dmd |nts. ondany adjacent lots formerly or presently owned bv the same owner. L� Alternatives limited b»the original parcel on which the project ie |ooatad. thgmwbd|v|ded | | 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 etaha. Negative Determination Note: No further action under the Wetlands Protection Act is required bv the applicant. Hovvaver, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed un this project un|esatheDepadnoentfai|atoautonaunhrequeetvvithin35Uayaoftbe 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 Linder 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, f|||, dredge, or alter that area. Tharefore, said work does not require the filing of a Notice ofIntent. 3. The work described inthe Request |s within the Buffer Zone, us defined |n 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, schedule pre& post-construction site visit with Conservation Dept-� See attached for Findings &Special Conditions | 171 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 Notice of Intent, unless and until said work alters an Area subject to jurisdiction under the Act. | � Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��0�� _. K��^��~�� U~��~U~�� _ _ _ - - Form _- Determination- — ' Applicability—'-'-� North Andover Massachusetts Wetlands Protection Act M.G.L. 8. 131' §40 Municipality B. Determination (cont.) [1 5. The area described in the Request ie subject ho jurisdiction under the Act. Since the work described therein meets the requirements for the following exnnnpUon, as specified in Na Act and the regulations, no Notice of Intent isrequired: Exempt Activity(site applicable statutory/regulatory provisions) [l 6. The area and/or work described in the Request is not subject to additional review and approval b Name of Municipality Pursuant h)a municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination in issued to the applicant and delivered as foUVvvn: � [l By hand delivery on By certified mai|, return receipt request on 10-03-24 nohn Date � 7020 1290 0001 4776 5894 Certified Mail Number Acopy of this Determination has been sent on the same daha, considered the date of iasuanoo, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner as follows: DEP Fl By (A#aohthis forumand supporting documents) By UGPS mail F7 By hand delivery 10-03-24 bate omm Property Owner(if not applicant) 171 By mail [l By hand delivery ' Pa»e Date ~pafmmzooc'rev.4n2/2m3 Wn Form u-Determination w Applicability'Page 4*v Massachusetts Department of Environmental Protection Bureau 0fWater Resources - Wetlands ��|�� .� U��~��*~�� DU~��~U~�� | �� » "-� Form �~ Determination" = � Applicability North AndoverILI � Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 unicipalityC. 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, on1inanoea, by|avvo. or regulations. This Determination must be signed hvo majority oftheConaervmtionConnmiysinn. AsOutedabova. a copy must be sent to the appropriate DEp Regional Office (see \and the property owner(if different from the applicant) on the same date that the Applicant iu issued this Determination. ISSUIng Authority Signatures: ignature 71nted Name Vf Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved bv 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 community)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. Protection Regional Office (see https:/fwww.mass. ov/service-details/massder)-reaional-offices.bv- � � °naf°rrnx.du 'rev.4m00023 wpx Form o-Determination m Applicability'Page nan