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Home My WebLink About311 Stevens Street DOA Negative Determination - Permits - 311 STEVENS STREET 6/11/2025 0 CONSERVATION DEPARTMENT Corru-nunity Development Division NEGATIVE#3 DEI'ERMINXI'ION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 311 Stevens Street,North Andover At the June 11, 2025 public hearing,the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 311 Stevens Street, based on its findings below and subject to compliance with the conditions listed below. The work includes: Driveway rehabilitation with full depth reclaim, grading and compaction. A majority of the driveway replacement will be within the same footprint,except for proposed widening in the middle to eliminate the curve where delivery trucks/vehicles drive beyond pavement limits (this widening work is outside Buffer Zone). Installation of 2"binder coat and 1.5" finish coat, sand and emulsify joints. Distances to wetland were verified in the field and are accurate-with all work outside the 50' No Build Zone. Erosion controls are proposed and shown on the approved plan at base of slope along perimeter of the driveway edge. The mouth of the driveway is over a concrete slab culvert that allows roadway shoulder conveyance swale to pass through- this concrete seems to be in good shape and appears to be within the Town ROW. The project shall conform to and comply with the following: Applicant: Tolga Yazicioglu 311 Stevens Street North Andover, MA 01,845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: May 29, 2025 Record Plans: Driveway Site Plan 311 Stevens Street- dated May 26,2025 The following special conditions are mandated: 1. Prior to any work, erosion controls (either 8" mulch sock or silt fence entrenched and staked) shall be installed as shown on the plan. 2. A pre-construction site inspection shall be held with the contractor,homeowner and Conservation staff to review erosion controls,scope of work and conditions of this permit. 3. All work shall be conducted during a dry period without rain events predicted so as to protect the compacted stone/fines from erosion while waiting for binder coat installation 4. Post-construction site inspection shall be held to verify compliance and approve removal of erosion controls 3 11 Stevens Street Negative 113 Detcrinination of Applicability Findings&Special Cooditioiis Page 1 o1'2 The ai)pficant,and their contractors are advised that NO other work on the-p cWrjythat is within the 10.0-foot buffer zone is allowed under this peri-nit. 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 chance 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/ptuning. These activities shall be held to the current standards under the Bylaw and WPA. 311 Stevens Street Negative 43 Determination of Applicability—Findings&Special Conditions Page 2 of 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 tat)key to move Conservation Commission Your cursor-do not use the return key, To: Applicant Property Owner(if different from applicant): VC] Tolg a Yazicioglu m` ------- Name Name 311 Stevens Street .................. .................... Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 631-741-1069 .......... Phone Number Phone Number tolgayaz@gmail.com Email Address Email Address(if known) 1. Project Location: 311 Stevens Street —--------- North Andover ------ Street-Address" City/Town How to find Latitude 42,68290 �-71,11060 and Lg qj�,qqq ........................ - ...........Li Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with5 digits after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to map 96 Lot 74 d in a 1-d- p Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: .May 29!-210.26.—.—.-..- ----1-1— ---------- 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 dOCUrnentation, and made the following Determination. Project Description (if applicable): Driveway rehabilitation, full depth reclaim, straighten curves, grade and compact, install 2" binder and 1.5"finish coat-all work is greater than 50 feet from bordering vegetated wetland. ................................ —------------------------- ...... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA with Supporting attachments 05-29-25 .......------- Title Date Driveway Plan 311 Stevens Street 05-26-25......... Title Date. .. Titlei Date wpaform2.doc rev.4112/2.023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��N�� |�� .� U��^��~�� U~��^U^��_ _ _ __ — Determination- — - - -m-m-- --'-� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 Municipality— B. Determination (cont.) 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 uf 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(ie. Conservation. � Protection . [l 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. L] 2a. The boundary delineations of the following resource areas described on the referenced p|an(a) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding aoho all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for oa long aa this Determination ievalid. Fl 2b. The boundaries of Wetlands Resource Area(s) and BufferZone(m) |iobsd 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. Fl 3. The work described on referenced plan(s) and docunnent(n) is within on area subject to jurisdiction under the Act and will remove, fiU, dnedge, or alter that area, Therafuna, said work requires the filing ofa Notice nfIntent. [l 4. The work described on referenced plan(s) and clocument(s) is within the Buffer Zone and will � alter an Area Subject to jurisdiction under the Act. Therahona, said work requires the filing of � Notice ofIntent Fl 5 The �n*� and/or on referenced plan(s) and document(s) |a aubie��o review � �� ' ` . ^ � and approval by: � � Name"'Municipality � � Pursuant hz the following municipal vveUendonjinancaorbvlaw: Name Ordinance or Bylaw Citation �wpaform2.wc'rev.*w2)2mo wm Form r-Determination of^wlicamoty'Page c*x Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��W�� .� U��K�~��t~�� K��U~��~U~*�- _ _ -- — Determination' — - Applicability----� North Andover M8SS8ChU8efts Wetlands p[DfeCtioO /\Ct M.G.L. C. 131, §40 Municipaifty B~ Determination (cont.) E] 8. The following area and/or work, if any, hs subject too Municipal ordhlanceovbvlawbutIot subject to the Massachusetts Wetlands Protection Act: El 7. If Notice of Intent is filed for the work in the RiverfrontA,ea described on referenced plan(s) mnddocumont(a\, wh|nhindudeooUorpadof�h��o�kd�oohhadin �hoRo�uenLthee�p|i��n� � ' � must consider the following alternatives. (Refer tuthe wetland regulations at1U.58(4)(n)2. for � more information about the scope of alternatives vequinamenba\: � [] Alternatives limited to the lot on which the project is located. E] Alternatives limited hz the lot on which the project ia |ocabad. tbosubdividad |ots. and any adjacent lots formerly or presently owned by the same owner. [l Alternatives limited h/ the original parcel on which the project is |ocakad, theoubdivided 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 un|osotheOapodmentfmi|etoaotonouchnequeetwithin35deyaofthe 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 mtthe end of this document. Fl 1. The area described in the Request is not an area subject to jurisdiction under the Actor the Buffer Zone. �l 2. The work described in the Request is within an area subject to jurisdiction under the Act, but � will not rnmova, fiU, dredge, or alter that area. Tharefona, said work does not require the filing of a Notice ofIntent. 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 Linder the Act. Therefore, said work does not � require the filing of Notice of Intent, subject to the following conditions (if any). S ^ �l 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Themah)na, said work does not require the filing of Notice of |nbent, unless and until said work u|bara an Area subject to jurisdiction under the Act. Massachusetts Department of Environmental Protection BU[eGU of Water ReSOU[cHS - Wetlands ��N�� (�� .� |��K�~��~�� U~��~U~��_ _ -- Determination— ' Applicability----� North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131. §40 B. Determination (cont.) [] 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, uo Notice of Intent isrequired: El 6. The area and/or work described in the Request is not subject to additional review and approval by: Name Of Municipality Pursuant hoa municipal wetlands' ordinance orbylaw, / ! Narne Ordinance or Bylaw Citation C. Authorization This Determination ie issued to the applicant and delivered aafollows: 0 By hand delivery on By certified mail, return receipt request on Date Date 06-16-25 9589 0710 5270 2926 7866 52 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: OEP [7 By gDEP DOA SUbrnittal Platform (Attach this form and supporting documents) �U 8yUSPSmail F] By hand delivery 06-16-25 Date Date Property Owner(if not applicant) Fl Bymoi| [l 8y hand delivery ate Date %vpaforrn2.doo-rev.4/12/2G23 WPA Form 2—Determination of Applicability-Page 4 of 5 � � Massachusetts Department of Environmental Protection � Bureau 0f Water Resources - Wetlands � ��D�� ~� ��^��^�� U~��^U~�� _ _ _ _ _ Form __ Determination- -- ' Applicability North Andover � Massachusetts Wetlands p[OtB[ti0O /\Ct M.G.L. C. 131, G40 C. 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 oomp|yingwith all other applicable federal, ahabs, or local statubam, ordinances, bylaws, or regulations, � This Determination must ha signed bvam ^�orib/nf�he (�onservat|onCommiooion� Aonuhed �bov�^ � � ' � copy must be sent 0z the appropriate DEP Regional Office (see mass. � ) and the property owner(if different from the applicant) � on the same date that the Applicant|m issued this Determination. ssuing Authority Signatures: Signature Printed Name h4iwm nature Printed Name Signatwre �WT P' ted Name Signatur Printed Name � � Signature— _ Printed— _- � � D. A��D� � . ~ � The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land � upon which the proposed work istohe done, or any ten residents of the city or town |n which such land is located, are hereby notified oftheir righttonaquestdheopprophoteDeporbnentofEnvironnn*nba| � Protection Regional C)fUca (see � ) to |seuea5upersedingDehe/noinotionofApp|ioabi!|h/. Thanaqoeotnouatbornadnbv � 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 |a not the appellant. The request shall state clearly and concisely the objections hn 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.