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Home My WebLink About32 Ashland Street DOA Negative Determination - Permits - 32 ASHLAND STREET 8/27/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 32 Ashland Street, 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 32 Asl-land Street, based on its findings below and subject to compliance with the conditions listed below. The work includes: reconfiguring and expanding the driveway from roughly 1,884 sf to approximately 3,338 sf. A 2'x2' stone infiltration trench will be installed along the sides of the new driveway. Work is -178 feet from the Mean High Water of Merrimack River at its closest point (which translates to the work being only -22 feet into the outer reaches of the 200' Riverfront Area - a majority of the work is outside jurisdiction), there are no other wetland resources on site. No other work is allowed under this permit. The project shall conform to and comply with the following: Applicant: Gerrimar Vailante 32 Ashland Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: July 31, 2025 Record Plans: 32 Ashland Street Aerial Driveway Reconfiguration & Expansion Project RDA August 2025 Site Plan - Stone Trench Sketch The following special conditions are mandated: 1. Prior to any work, the applicant or the contractor shall install 8" straw wattle at each side of the house at edge of pavement work. 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. ** 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 32 Ashland Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 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. 32 Ashland Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands ��0�� ~� ��K�~��t~�� K�U^��~A~��_ _ Form -- Determination' — ' Applicability-----� North Andover MG88@ChUSe[ts Wetlands Protection Act M.G.[. C. 131. &40 Municipality A. General Information Important: When filling out From: forms onthe computer, use only North Andover the tab key mmove cuoaema|vnnvmm|oaion your cursor'dvnot use the return key. To: Applicant Property Owner(if different from applicant): GenimarVai|anteVQ Name Name � 32 Ashland Street Mailing Address Mailing Address North Andover MA 01845 Cityfl-own State Zip Code City/Town State -zilp—cocke 603-820-4909 Phone Number Phone Number gerri.vailante@gmail.com Email Address Email Address(if known) 1. Project Location: 32 Ashland Street North Andover How to find Latitude jR56@j�Le Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal u.g.XX.XXXXX) decimal e.g.-X0(.XXXXX) and how to convert to Map 17 Lot 6 decimal dearees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: 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 opp|inab|e): Reconfiguring and expanding the driveway from roughly 1,884 sf to approximately 3,338 sf. A 2'x2' stone infiltration trench will be installed along the sides of the new driveway. Work is—178 feet from the Mean High Water of Merrimack River at its closest point(which translates to the work being only —22 feet into the outer reaches of the 200' Riverfront Area -a majority of the work is outside jurisdiction), there are no other wetland resources on site, Title and Duba (or Revised Date ifapp|ioab|o) of Final Plans and Other Documents: 32 Ashland Street Aerial Driveway Reconfiguration & Expansion Project RDA August 2025 Date Site Plan Title Date Title Date °pafovmzm=`rev.vnmz02x wpx Form c Determination of Applicability'Page/ofn Massachusetts Department of Environmental Protection L7 Bureau of Water Resources - Wetlands WPA Form — Determination of Applicability 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 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. El 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 documents) 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.4/1 212 0 2 3 WPA Form 2—Determination of Applicability•Page 2 of 5 Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands ��X�� o�� °� .� ��K�'��~�� U^��^U~��_ _ _ Form __ Determination' — - Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.ic. 131. §40 Municipality B. Determination (cont.) FI 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 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 � muntnonsidnrthefoUovvinga|ternadvao. (Refartothovvet|andregu|odonsat10.58(4)(o) 2. for more information about the scope of alternatives requirements): 0 Alternatives limited to the lot on which the project io |ooabed. [] Alternatives limited to the lot on which the project ia located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. [1 Alternatives limited bo the original parcel on which the project is |ooabed. theoubdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. [7 Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the abaha. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. Hovvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|eeatheDapartmentfoi|atoantonauohrequeatvvithin35dayoofthe 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 in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. F-1 2. The work described in the Request io within an area subject to jurisdiction under the Act, but will not remove, fi||, dredge, nr alter that area. Thmrefore, said work does not require the filing of a Notice nfIntent. 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 Notice of Intent, subject to the following conditions (if any). Install erosionattached NACC Findings& Special Conditions. ***_ R 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Therefon*, 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 ��U�� /�� ~� |��~��~�� U^��^U^�� _ _ _ ' ' ' -- Determination- — ' Applicability North Andover M888@ChUGetbs Wetlands Protection Act M.G.L. C. 131. §40 Municipality B. Determination (cont.) Fl 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, no Notice of Intent is required: Exempt Activity(site applicable statutory/regulatory provisions) [1 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of Mun��c—ipalbty-- Punsuonttoa municipal wetlands' ordinance nrbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: U �~ By hand delivery on �[� � By certified mail, return receipt request on 09-04-25 Date Date � 9589 0710 5270 2926 7867 37 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) � ByUSPSmail F-1 By hand delivery 09-04-25 Date Date Property Owner(if not applicant) F71 By mail 171 By hand delivery Massachusetts Department of Environmental Protection Bureau O[Water Resources - Wetlands �� ~� ��~��*~�� U`��~U~��- - - -- Determination' — - Applicability~-^^'�� North Andover ILI Massachusetts Wetlands Protection Act M.G.[ C. 131. §40 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 federal, state, or local statutes, ordinances, bylaws, orregulations. 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 and the property owner(if different from the applicant) on the same date that the Applicant|o issued this Determination. Issuing Authority Printed Name TN�meSig Sig ature Printed Na e Signature Printed Name AAA �)-AA-' ma6s'� k \Nu/�)�A signdtur6 V Printed Name SignatLYre 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 ProtectionRegional Off (see https://www.mass.ciov/service-detaiIs/massder)-reaionaI-offices-bv- coMMunity) 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.