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Home My WebLink About83 Academy Road DOA Negative Determination - Permits - 83 ACADEMY ROAD 5/28/2025 CONSERVATION DEPARTMENT Comrmunity Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 83 Academy Road,North Andover At the May 28,2025 public hearing,the North Andover Conservation Commission(NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 83 Academy Road,based on its findings below and subject to com Hance with the conditions listed below. The work includes: The project involves Project entails renovations of an existing detached carriage house-most of the work is interior to the building. This structure (as well as the main dwelling)were built in 1852 and therefore is grandfathered from strict conformance with the local wetland setbacks. Work within the buffer zone-just at/just inside the 50'NBZ-includes replacing the failing enclosed stairway on the north site of the carriage house. The new stairway will receive a 58 s.f.frost wall foundation. An electrical trench is proposed off of the northeast corner of the enclosed stairway,up along the shoulder of the driveway to the street. The project shall conform to and comply with the following: Applicant: Garrett Moynilicm Howell Custom Building Group 370 Merrimack Street,Suite 405 Lawrence,MA 01843 Record Documents: Request for Determination of Applicability Dorm 1,with supporting materials,submitted: May 13,2025 Record Plans: Topographic Plan-83 Academy Road,prepared by Andover Consultants, Inc.,scale 1"=20' dated October 21,2024; Basbanes Wetland Consulting,Delineation Report dated October 1.0, 2024 The following special conditions are mandated: a.. An on-site pre-construction meeting shall be scheduled with a Conservation Department staff and the contractor to ensure the approved plan and conditions of this permit are understood. 2. At the on-site direction of the Conservation Administrator, erosion controls in the form of 8" straw wattle or mulch/compost socks shall be installed, and securely staked. 3. Not less than three (3)wetland markers shall be installed at the edge of vegetation closest to the work. These markers shall be mounted on 4x4 pressure treated/cedar/weather resistant posts at locations directed by the Conservation Administrator, 83 Academy Road Negative#3 Determination of Applicability---bindings&.Special Conditions Page 1 of 2 4. A post-construction inspection with Conservation Department staff and contractor shall be held when the work is complete to verify compliance with the approved plan and stabilized conditions to allow removal of erosion controls upon approval by the Conservation staff, **'Ebe 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,Rround 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 bridv-e installation,tree or vegetation cutting;/pruning.These activities shall be held to the current standards under the Bylaw and WPA.. 83 Academy Road 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 -ffu—n iie"6pail it 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): :to Garrett Moynihan - Howell Custom Build Kathy Stevens_.__....... Name Name 370 Merrimack Street, Suite 406 8 AcademyR�qad Mailing Address Mailing Address Lawrence MA 01843 North Anodver MA 01845 City/rown State Zip Code City/Town State Zip Code 774-521-9752- 978-771-9350 Phone Number— ------------ Phone Number garrettm@howellcustombuild.com auntkate73@gmail.com Email Address Email Address If known) 1. Project Location: 83 Academy Road North Andover Street Address City/Town How to find Lafltude 42.68710 -71.11400 can-g Rude _[iiKje(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 Map 59 Lot 2 decimal d rees Assessors Map/Plat Number el/Lot Number 2. Date Request Filed: May 13, 2�025 ........ 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): Work within the buffer zone-just at/just inside the 50' NBZ-includes replacing the failing enclosed stairway on the north side of the carriage house. The new stairway will receive a 58 s.f, frost wall foundation. An electrical trench is also proposed off of the northeast corner of the enclosed stairway, up alon the shoulder of the driveway to the street. ............... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA with supp 'Q - .Rr attachments 29-25 Title Date _Tqpq�ahviq Plan prepared by Andover Consultants, Inc. 10-21-24 Title Date Architectural Drawings prepared by LY"r.c_h!tects '03-07-25 Title Date wpaform2,doc-rev,411212023 WPA Form 2—Determination of Applicability-Page 1 of 5 � . | | ' Massachusetts Department of Environmental Protection LiBureau Of Water Resources -Wetlands �� .� U��~��^�� k��U~��^U^�� ~ � . . . Form �� Determination^ ~~ ' Applicability—'---� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B, Determination (cont.) The following Determination(s) is/am applicable tothe proposed site and/or preject relative tothe 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 plan(s) is an area subject to jurisdiction under the Act. Removing,filling,dredging, or altering uf the area requires the filing ofa Notice ofIntent. � F] 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 n*ndunmd pursuant to the Wetlands Protection Act and its regulations regarding Such boundaries for aa long aa this Determination iavalid. El 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. El 3. The work described on referenced plan(s) and clocurnent(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. 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 El 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name mMunicipality Pursuant to the following municipal wetland ordinance nrbylaw: ' ^ ' Massachusetts Department of Environmental Protection Bureau Of Water Resources -Wetlands ��0�� K�� ~� ��&��:��^��~��K� K�� K��U~«��K�~U^�m� | ~ ~ , . ~ Form ~~ Determination~ ~^ - Applicability North Andover � Massachusetts Wetlands P[Ofe[tiOU Act M.G.L. C. 131, §40 nicipality LA B. Determination /c[>Of.\ 1716. ThefoUowingoroa and/or work, if any, ks subject tna municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: �� 7 |faNnUc�nf|ntan�iefi|edfnr�hevvnrkinth� RiverhnntAny� dmzoribadonrefer�mo�dp|an(m> | �_ � ` ' � 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): 1771 Alternatives limited to the lot on which the project is located. � [71 Alternatives limited to the lot on which the project is located, the Subdivided lots, and any | adjacent lots formerly or presently owned bv the same owner. � Fl A|hyrnetiwao limited to the original pnoom| on which the project is |nnahad, the subdivided � parcels, any adjacent parcels, and any other land which can reasonably be obtained within | the municipality. / �l Alternatives buob�a�mdvv�hinUmo � �� '~~~~'~~x ,r`r'~~ � region of the ab*be. 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 un|esethaOepartnnantfoUshoactonourhrequesivvithin35dmysoftha � � 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 inthe Request in not on area subject hx jurisdiction under the Act orthe Buffer Zone. � � Fl 2. The work described in the Request is within an area subject to jurisdiction under the Act, but | will not remove, fiU, dnndge, or alter that area. Thereforo, said work does not require the filing of a Notice ofIntent. � �g 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). **See attached list of Special Conditions." F-1 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Thenafo,e, 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 of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 w6l nici,pality— B. Determination (cont.) Ej 5. The area described in the Request is subject to jurisdiction Linder 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) El 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: By hand delivery on By certified mail, return receipt request on b6-05-25 Date Date 9589 0?10 52?0 2926 ?866 D? K7Number 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 171 By eDEP DOA Submitta6 Platform (Attach this form and supporting documents) 0 By LISPS mail El By hand delivery 06-05-25 ----------- Date Date Property Owner(if not applicant) By mail By hand delivery 06-05-25 bte_a______'_'_________ -Date vipal-rev.4112/2023 WPA Form 2—Determination of Applicability-Page 4 of 5 | � . � ^ ' | ^ Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ��V�� f�� .� U��~��^�� U^��^U^�� " " " " Form.~~ �� — Determination~~~~ ~~^ Applicability-~'--�� North Andover Li Massachusetts Wetlands Protection Act M.G.L. O. 131, Q40 Municipafity C, Authorization /cODf.\ This Determination |m valid for three years from the date ofissuance 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, oteba, or local statutes, ordinances, bylaws, orregulations. This Determination must he signed bvmm �orih/ mfthe �onammaUonCommiooion� Aanotedabovn' � � ��^ majority � copy must be sent to the appropriate DEP Regional Office (see � and the property owner(if different from the applicant) nn the same date that the Applicant is issued this Determination. Signatures: IgeignatUr Name Signature Signature Signature Printed Name 6ignature Printed Na me Signature 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 http.§_.L/www.rnas ov/seLvLicP-cLqt@�iL ty_- corntnq±rty) 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. opam,m,.x""'rev.^oumvm w*x Form x-Determination^/Applicamuw'Page ou/o