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Home My WebLink About1493 Forest Street Extension DOA Negative Determination - Permits - 1493 FOREST STREET EXT 8/27/2025 i CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 1493 Forest Street Extension, 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 1493 Forest Street Extension, based on its findings below and subject to compliance with the conditions listed below. The work includes: The —6' expansion of the existing deck, — 14' expansion of the existing patio located underneath the deck, installation of a second blue stone patio extending —18' from proposed deck stairs to the existing retaining wall, and privacy plantings. This work shall primarily be done by hand, with some leveling work requiring small equipment. The dumpster and all materials shall be located in the driveway, which shall also be used for construction access. All work shall be located outside of the 50-foot No-Build Zone to bordering vegetated wetland. The project shall conform to and comply with the following: Applicant: Christopher Welch 1493 Forest Street Extension North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: August 12, 2025 Record Plans: "Welch Residence", prepared by Groundswell Landscape, dated August 27, 2025. The following, special conditions are mandated: 1. Prior to any work, erosion controls as depicted on the plan shall be installed and securely staked to envelope the work area. 2. Prior to any work, a pre-construction site inspection shall be held with the homeowner, contractor and Conservation Department staff to review erosion controls and review scope of work. 1493 Forest Street Extension Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 3. A post-construction inspection by Conservation staff to verify compliance and approve removal of erosion control upon stable conditions. 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 VVTA. 1493 Forest Street F"xtension 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 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 tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): V Christopher Welch Q -Name Name 1493 Forest Street Extension Mailing Address Mailing Address North Andover MA 01845 ................ ............................... City/Town State Zip Code City/Town State Zip Code 734-775-3489 Phone Number Phone Number welch87@gmail.com Email Address Email Address(if known) 1. Project Location: 1493 Forest Street Extension North Andover Street mdlres-s- City/Town ............... How to find Latitude 42.65400 -71.031 and Lopj�tude Latitude(Decimal Degrees FoRmitwith 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 1053 Lot 6 ........... decimaLdggregs Assessors Map/Plat Nurn6er Parcel/Lot Number 2. Date Request Filed: 08-12-25 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~6'expansion of the existing deck, — 14' expansion of the existing patio located underneath the deck, installation of a second blue stone patio extending —18' from proposed deck stairs to the existing retaining wall, and privacy plantings. This work shall primarily be done by hand, with some leveling work requiring small equipment. The dumpster and all materials shall be located in the driveway, which shall also be used for construction access. Work is greater than 50'from BVW. ........................ ................ ............................... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Welch Residence By Groundswell Lanscape Design 8/27/2025 ..................................................... —--------- Title Date RDA with supporting materials August 2025 Title Date Title Date wpaform2.doc•rev.4112/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands L11 K�y�� K��K�� *� �� H��^��*^�� J��K�U~��^U~�� - - - - - Form -- Determination' — ' Applicability--'-� North Andover Massachusetts \8/8f@Dd8 Protection Act M.G.L. C. 131. §40 unicipality 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). LJ 1. The area described on the referenced plan(s) iuon area subject to jurisdiction under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. 171 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 Actand its regulations regarding such boundaries for ao long eo this Determination iavalid. Fl 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 ho this Determination orto 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 Notice of|nbanL F1 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. Thorefone, said work requires the filing of Notice of Intent �7 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: � Pursuant to the following municipal wetland ordinance orbylaw: arne Ordinance or Bylaw Citation °pafo"m2.doc'rev.w/zno23 wrx Form,-Determination m Applicability'Page cofo Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��y�� R�� *� �� ~��~K�K� �� K�K�U^��~K~�«« _ _ _ - - Form _- Determination- — ' Applicability----� North Andover M@GG@ChUSefhs Wetlands P[OfHCtiOD /\Cf M.G.L. C. 131, §40 Municipality B. Determination /c<]nf.\ F1 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: F] 7. If Notice of Intent is filed for the work in the 0iverfrontAraa 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 tothe wetland regulations at 10.58/4\(c) 2. for more information about the scope of alternatives requinamenta\: [] Alternatives limited to the lot on which the project is located. [] Alternatives limited bo the lot nn which the project ie |ooab*d. 0hesubdivk1ed |nts. ondony adjacent lots formerly or presently owned by the same owner. 1771 Alternatives limited to the original parcel on which the project ie |ocahad' thesubdividad parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. L] 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|eostheDepartmentfai|stooctonsuchrequoetvvithin35dayaofthe 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. Fl 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. 171 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. Thenefore, 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 under the Act. Therefore, said work does not require the filing of Notice of |ntent, subject to the following conditions (if any). **See attached document titled: NEGATIVE#3 DETERMINATION OF APPLICABILITY 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 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 ��y�� 8�� ^� �� *��~K��^��k� �� K�D~��~V~�«« _ _ - - - Form -- Determination- — ' Applicability--'--� North Andover M@GS@ChUGefhs Wetlands Protection Act M.G.L. C. 131, Q40 unicipality B. Determination /c[>n[\ 171 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: mpt Activity(site applicable statutory/regulatory provisions) [] 6. The area and/or work described in the Request ia not subject to additional review and approval Name of Municipality Pursuant hoa municipal wetlands' ordinance orbylaw. � ' | C. Authorization This Determination is issued to the applicant and delivered osfollows: Z By hand delivery on [l By certified mail, return receipt request on 09-05-25 Date oohe 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) Z ByUSPSmail By hand delivery 09-04-25 Date Date Property Owner(if not applicant) Fl By mail By hand delivery � ! | Da* Dmha Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� .� ��~��^�� U~��~U~�� - - - ' ' Form~~^ ~� Determination~ �~ ^ Applicability~-~~~~� North Andover M@SS8ChUS6tbs Wetlands Protection Act M.G.[ C. 131' §40 Municipality C. ��0��~��^�� /�ODf \ ~~~ 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, Vrregulations. This Determination must bu signed bya majority oftheConservationCommiasion. AsnVtodobove. a copy must be sent bo the appropriate DEP Regional Office (see \ and the property owner(if different from the applicant) on the same date that the Applicant im issued this Determination. ra P- ----- Pri Nge Signature rinted Name -�/v... ............... .................................. Wk/lk/y') Signature Print ed Name ignaturt 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 {}fOoe /Sme cgMMunity)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 isnot the appellant. The request shall state clearly and concisely the objections to the Determination which io being appealed. To the extent that the Determination in based one municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department ofEnvironmental Protection has no appellate jurisdiction. °,°mm,c.u='rev.4o8u2023 wpx Form,-Determination"/xnpnGa^n*'Page o"/n