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Home My WebLink About58 Appleton Street DOA Negative Determination - Permits - 58 APPLETON STREET 8/27/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 58 Appleton 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 58 Appleton Steet,based on its findings below and subject to compliance with the conditions listed below. The work includes: Installation of a—230 sf deck,in the same location as a previous smaller deck. This project required eleven 12" concrete footings,which were excavated by hand. The closest point of work was 56' from the nearby Bordering Vegetated Wetland. This application was submitted after the project was complete. Conservation staff did not observe any impact on resource areas. The project shall conform to and comply with the following: Applicant: David Bradbury 58 Appleton Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: August 5,2025 Record Plans: "Plan of Land in North Andover,Mass.", prepared by Scott L. Giles R.P.L.S, 1-30-07, annotated by the applicant August 2025 The following special conditions are mandated: o No Conditions necessary, as the project is complete and no impacts were observed. 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 changft 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. 58 Appleton Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 1 Massachusetts Department ofEnvironmental Protection L7 Bureau Of Water Resources - Wetlands ��J� ��K�� w� �� K��00^��~�� U~��K�^U^�«^ - - - - - Form -- Determination' — - Applicability North Andover Massachusetts Wetlands P[OfeCfiOD /\Ct M.G.L. C. 131. §40 Municipality A. General Information Important: When filling out From: forms onthe computer, use only North Andover the tab key to move Conservation cvmm|uo|on yourcumor-donot use the return key. To: Applicant Property Owner(if different from app|ioant\: David Bradbury VQ Name Name 58 Appleton Street Mailing Address Mailing Address u--��--� North Andover O1845 ` ' _ _ City/Town State Zip Code City/Town State Zip Code 978'361-5784 Phone Number Phone Number dbradbury26@yahoo.com Email Address Email Address(if known) 1. Project Location: 58 Appleton Street North Andover Street Address r|tyrrn*n How to find Latitude 42.6798 -71.09500 �U�;gitudeLatitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal e.g.XX.XXXXX) decimal o.g.-XX.XXXXX> and how to convert to 037 0020 decimal 1ggLqes Pame|/LotNumbor 2. Date Request Filed: 8 O5-2 B~ Deter00'K8at'on Pursuant to the authority ofN1.Gl. o. 131. § 4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting dooumentation, and mode the following Determination. Project Description (if applicable): Installation 0fa~23Ogf deck, in the same location usm previously existing smaller deck. This project required eleven 12" concrete footings, which were excavated by hand. The closest point of ' work was 56' from the nearby Bordering Vegetated Wetland. This application was submitted after the project was complete, Conservation staffd|d not observeimpact Title and Date (or Revised Dote if applicable) of Final Plans and Other Documents: Plan of Land |O North Andover prepared by Scott L. Giles R.P.L.S _ 1-3OO7-annotated annotated by the applicantto show reconstructed deck 8/202 Title Date Title oaha °pafo,ma.*=`rev."ozuoo wr^Form u-Determination m Applicability'Page Im, Massachusetts Department of Environmental Protection ILIBureau Of Water Resources - Wetlands ��U�� /�� ~� ��K�~��^�� K~��~U~�� _ _ _ _ _ Form __ Determination' — ' Applicability—'---� North Andover Massachusetts Wetlands Protection Act M.G.[ 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). Fl i. The area described on the referenced p|en(a) ioanomoaubject to jurisdiction under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. F1 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 ae this Determination iovalid. 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 to this Determination orto the Request for Determination. [l 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 Intent. �l 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. Therefnre, said work requires the filing of Notice ofIntent Fl 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: 14ameof Municipality Pursuant to the following municipal wetland ordinance or bylaw: Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands ��U�� ~� K��~��~�� U~��^U^�� _ _ _ _ _ Form __ Determination' — ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, &40 Municipality B. Determination (cont.) F-1 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject hothe Massachusetts Wetlands Protection Act: F] 7. If Notice of Intent is filed for the work in the RivorfrontAroa described on referenced plan(s) and dooument(e)' which includes all or part ofthe work described in the Requoat, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)(n) 2. for more information about the scope of alternatives requirements): � [] Alternatives limited to the lot on which the project is located. [] Alternatives limited to the lot on which the project is |ooahed, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. [l Alternatives limited ho the original parcel nn which the project is |ocated, the subdivided paroe|a, any adjacent parcels, and any other land which can reasonably bo 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. Hovvever, if the Department is requested to issue 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. �l 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. F] 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not remove, fi||, dredge' nr alter that area. Therefore, 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 C0ND|T|0NS°° Fl 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. °r°m,mx.«""'rev.w1u/2o3 Wpx Form,-Determination"r Applicability'Page 3"/s Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��U�� .� ��K�~��~�� K~��~U~�� ~ � ~ ~ ~ Form �� 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 fmdeny|, state, or local statutes, ordinances, bylaws, orregulations. This Determination must be signed bya majority ofthnConaonuationCmmmieainn. Aonotedobove. o copy must be sent h)the appropriate OEP Regional Office (see ) and the property owner(if different from the applicant) on the same date that the Applicant ie issued this Determination. Issuing Authority Signatures: Signature Pfint6d Name Signature Pripted me Sign Pri Signature Printed Name Signatur Printed Name Signaturer 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 cqMMunity)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 onthe Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has nu appellate jurisdiction. °p°m"vx.o""'rev.*uounzo wpx Form u-Determination w Applicability'Page s"/n Massachusetts Department of Environmental Protection 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.) ❑ 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) ❑ 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 09-08-25 _ Date Date 9589 0710 5270 2926 7867 44 .. Certified M.. .._... ......_w_.. ....._,.... ..._.._ ._ ........ .._.......__ all 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 ❑ By eDEP DOA Submittal Platform (Attach this form and supporting documents) ® By USPS mail ❑ By hand delivery 09-08-25 Date Date Property Owner(if not applicant) ❑ By mail ❑ By hand delivery Date Date wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 4 of 5