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Home My WebLink About399 Summer Street DOA Negative Determination - Permits - 399 SUMMER STREET 4/9/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDI:I"IONS 399 Summer Street,North Andover At the April 9,2025 public hearing,the North Andover Conservation Commission(NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 399 Summer 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 deteriorating rear porch, landing & stairs,and rebuilding in-kind replacement in the same footprint. The new porch will require new footings,which shall be placed 4'underground and be 1'wide at the base. No machinery is required and the new footings shall be dug by hand. Along with this work,the existing brick walkway shall be replaced with a concrete walkway in the same footprint,and loam and seed rutting that has occurred within the yard. All work shall be within existing lawn areas and is intended to replace failing hardscapes and structures on the property. 'There shall be no vegetation removal or alteration of the existing grading. The house was constructed in 1970,and the described work lies within the 50' No-Build Zone (NBZ), and a small portion of the walkway replacement is located within the 25' No-Disturb Zone (NDZ). Considering the house was constructed in 1970 and these structures pre-dated the local Wetland Regulations,the NACC voted to grant a waiver to allow this work to proceed subject to conditions below. The project shall conform to and comply with the fallowing: Applicant: Jeanne Hladky 399 Summer Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: March 13, 2025 Record Plans: Permit Site Plan,prepared by Williams&Sparages,Signed &Stamped by Peter Blaisdell,Jr. PE, revised to April 1, 2025 The following special conditions are mandated: 1. Prior to construction, erosion controls (EC) (12" mulch sock) shall be installed at the limit of the lawn prior to work(as noted in the approved plan&noted in narrative); 2. All areas of compost and yard waste dumping within the wetland and 25' NDZ shall be removed; 3. A pre-construction site inspection shall be scheduled with Conservation staff, the contractor and homeowner to review EC,scope of work and associated logistics and confirm that all areas of composting yard waste have been removed; 399 Summer Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2. 4. Wetland markers shall be installed along the edge of the lawn at30-foot intervals on weather resistant posts (e.g. U4 111'posts); 5. A post construction site inspection shall be scheduled with Conservation staff to verify compliance and approve removal of EC. 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 and associated 100-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/ runfing. These activities shall be held to the current standards under the Bylaw and WPA. 399 Summer 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 L11 I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 unicipality __ __---------------_------------------------------------- ------------- --------------- 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): Jeanne Hladky _-__---------------- VQName Name ,399 Summer Street Mailing Address Mailing Address North Andover MA 01845 .City/Town........ ........................ State....... Z,ip Code City/Town State_ -Zip Code (978) 835-9135 Phone Number Phone Number jeanne.thehissilent@gmail.com Email Address Email Address(if known) I Project Location: 399 Summer Street North Andover Street Address Cityrrown How to find Latitude 42.65770 r71.09050 and Un gitude Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5-d-igits" after decimal e.g.XX,XXXXX) decimal e.g.-XX.XXXXX) and how to convert to 23 decima� 1.0.7,A_ RqLdegregs Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: March 13, 2025 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): The property owner is proposing to replace their existing porch and attached landing and stairs Othin their existing footprints.Along with this work, the property owner is also proposing to replace their existing brick walkway with a concrete walkway, and loam and 'seed rutting that has occurred w0thin their yard over the years. All the above-described work lies within 100'of Bordering Vegetated Wetlands(BVW),, Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 'Permit Site Plan prepared by Williams &Sparages, signed &stamped by Aprill, 2025 Peter Blaisdell, P15, Date -----------_---__-—-—---------------_-----------_-_----------__-___--------- Title Date Tithe Date wpafor(O.doc rev,4112/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 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 MunicipWily— B. Determination (cunt.) 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: 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 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 or to the Request for Determination. ❑ 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. 0 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 of Intent [� 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 to the following municipal wetland ordinance or bylaw: ..._.... ..__.------------_....�._......__... _......__ _.... _...._ __...--- Name Ordinance or Bylaw Citation wpaform2.doc-rev.4/12/2023 wPA Form 2—Determination of Applicability-Page 2 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources -Wetlands ��U��& ��o�� ~� U��K�~��~�� K^��~U^�� _ _ _ - - Form _- — Determination' — - Applicability North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131. Q40 Municipality B. Determination (cont.) [1O. The following area and/or work, if any, ks subject hoa municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: F] 7. If Notice of Intent is filed for the work in the RiverfrontAnaa 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 at10.58(4)(c\ 2. for more information about the scope nf alternatives roquioenoonts>: n Alternatives limited to the lot on vvh|oh the project is located. [] Alternatives limited to the lot on which the project in |Vumtnd^ the subdivided |ots, and any adjacent lots formerly nr presently owned by the same owner. Fl Alternatives limited tothe original parcel on which the project is |ooutod' the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. 171 Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action Linder 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 un|aaa{heDeportnoenthaUmtnantonmuohrequeatwithin36doyaofthe 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. [l 1. The area described |n the Request ie not mnarea subject ho jurisdiction under the Act orthe Buffer Zone. �l 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not renlova, fi||, dredgg, or alter that area. Therefore, said work does not require the filing of o Notice ofIntent. 3. The work described in the Request is within the Buffer Zone. msdefinedinthenegu|ationa. � ' � butwiU not alter mn Area subject hu jurisdiction under the Act. Therefore, said work does not � require the filing of Ncdima of Intent, subject to the following conditions (if any).)nstall eroson controls, remove composting, hold pre-construction meeting, install wetland rnarkers& hold post construciton meeting. *See Attached DOA Findin s & Special Conditions� � � � � � F] 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. � wv"mrmu.moc'rev.w1cuoo WPx Form z-Determination m Applicability'Page o*5 Massachusetts Department of Environmental Protection Bureau Cf Water Resources - Wetlands ��U�� o�� ~� V��~��~�� U~��~U~�� _ _ _ _ _ Form __ Determination' — ' Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.[. c. 131. §40 B. Determination (cont.) Lj 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 exampUon, as specified in the Act and the regulations, no Notice of Intent|arequired: Exempt Activity(site applicable statutory/regulatory provisions) 171 G. The area and/or work described in the Request ia not subject to additional review and approval Name of Municipality Pursuant too municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination io issued ho the applicant and delivered aefollows: Fl 8y hand delivery on By certified mail, return receipt request on bate oabs | 70RO 1290 0001 4776 6167 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 �l By (Attach this form and supporting documents) ByUSPSmail By hand delivery 4-28-25 Dm(a oa0m � � � Property Owner(if riot applicant) � 171 By mail �� By � �� Date Date ' v,p=wrm2,woc'm"4/12.12023 Wpx Form 2-Determination m Applicability'Page^m* 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 C. Authorization (cont.) This Determination is valid for three years frorn 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 https;//www.mass.gov/service- details/massdep-regional-offices-bv-community) and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination, Issuing Authority Si tore V Printed N me — Signature ,. ..... � On ri�#e I�Na m e Signature Printed Na e g �........... __.... �....._�..._ Printed Name �Si nature � � p � ' " � � �✓ � � � �� ,r Signature Printed Name Printed Name _.. Sign tune 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 his://wyL\q., a. og v/service-d taau�l /riiassdel)Lre i ffices-b - 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. wpaform2.doc-rev.412812023 WPA Form 2—Determination of Applicability•Paige 5 of 5