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Home My WebLink About153 Hickory Hill Road DOA Negative Determination - Permits - 153 HICKORY HILL ROAD 8/27/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 153 Hickory Hill Road, North Andover At the August 27, 2025 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 153 Hickory Hill Road, based on its findings below and subject to compliance with the conditions listed below. The work includes: in-kind replacement of a 32-year-old -12' x 26' deck, the deck will remain in existing footprint. The existing footings will be removed and five new 12" concrete sonotabe footings will be installed. All work shall be accomplished by hand. The construction access will be from left side of garage, and all materials and dumpster will be stored on gravel portion of the driveway. The closest point of work to bordering vegetated wetland is 25'. This is the only work allowed under this permit. The project shall conform to and comply with the following: Applicant: Brian & Maureen Wolfenden 153 Hickory Hill Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: July 18, 2025 Record Plans: 153 Hickory Hill Road Aerial - Deck Replacement Wetland Measurements Framing Plan- by DelSonno Construction, Inc. dated 6-7-25 The following special conditions are mandated: 1. Prior to any work, 45-50 feet of erosion controls in the form of 8" straw wattle, shall be installed downslope from and to envelope the work area (exact location can be finalized at the pre-construction meeting with Conservation Dept. staff). 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. Post-construction site inspection shall be held to verify compliance and approve removal of erosion controls. 153 Hickory Hill Road Negative#3 Determination of Applicability—Findings&Special Conditions Page I of 2 ** 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/pruning. These activities shall be held to the current standards under the Bylaw and WPA. 153 Hickory Hill Road Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA For' 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality LIT�� m 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): Brian Wolfenden VQ Name Name 153 Hickory Hill Road rerom Mailing Address Mailing Address North Anoclver_ MA 01845 City/Town State Zip Code City/Town State Zip Code 603-943-3669 Phone Number Phone Number bwolfenden@comcast.net Email Address Email Address(if known) 1. Project Location: 153 Hickory Hill Road North Andover Street Address City/Town Flow to find Latitude 42.72020 -71.10270 and Longitude -Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal DegreesFormat with 5 digits after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 62 Lot 120 decimal degrees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: July 28, 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): In-kind replacement of a 32-year-old —12'x 26' deck, the deck will remain in existing footprint. The existing footings will be removed and five new 12"concrete sonotube footings will be installed. All work shall be accomplished by hand. The construction access will be from left side of garage, and all materials and clumpster will be stored on gravel portion of the driveway. The closest point of work to bordering vegetated wetland is 25'. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 153 Hickory Hill Road Aerial—Deck Replacement Wetland 7-28-25 Measurements _dice Framing Plan—by DelSonno Construction, Inc. 6-7-25 Title -bate Title Date wpaform2.doc-rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands 11� WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality 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). 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. 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 WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cont.) 17-1 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: 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 to the wetland regulations at 10.58(4)(c) 2. for more information about the scope of alternatives requirements): Alternatives limited to the lot on which the project is located. 1771 Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. Alternatives limited to the original parcel on which the project is located, 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 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 unless the Department fails to act on such request within 35 days of the 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 under the Act or the Buffer Zone. El 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 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). Install erosion controls, hold pre-construction site inspection and post construction site inspection-see attached findings&special conditions. 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. wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability•Page 3 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� .� ��~��~�� U~��~U~�� _ _ Form -- Determination' — ' Applicability-----� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. G40 Municipality 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 nagu|otinna. no Notice ofIntent is required: Exempt Activity(site applicable statutory/regulatory provisions) Fl 6. The area and/or work described in the Request is not subject to additional review and approval by: Pumuantto a municipal wetlands' ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued bn the applicant and delivered osfollows: 171 By hand delivery on By certified mai|, return receipt request on 9-3-25 Date Date 9589 0710 5270 2926 7867 20 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 eDEP DOA SUbmittal Platform (Attach this form and supporting documents) By USP8 mail [] By hand delivery 9-3-25 Date Date Property Owner(if not applicant) �l By mail [l By hand delivery Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��J�� ~� ��^��~�� K�� U~��~U~��- - - ' ' ' -- '-- -- Determination- — ' ' -"-m-- ~-^''�� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, G40 Municipality 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 complying with all other applicable fedena|, state, or local statutes, ordinances, bylaws, orregulations. This Determination must bo signed bya majority oftheConnervationCommioaion. Annotedabove. a copy must be sent tn the appropriate DEP Regional Office (see ) andthepropertyom/ner/ifdiObrenthnmtheopp|ioant\ on the same date that the Applicant im issued this Determination. Issuing Authority Signature POted Name Signa Printed Name _P1- N�? e- Sign ture Printed Name Signat4e Printed Name Signat6 e Printed Name Sign6t6re 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 httiDs://www.mass,ciov/service-details/massdep-reaional-offices-by- cornmunit )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 nf Environmental Protection has no appellate jurisdiction. *pamnno,uvc'rev.wzo/2023 Wp^Form z-Determination of Applicability^Page nofn