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HomeMy WebLinkAbout299 Blue Ridge Road DOA Negative Determination - Permits - 299 BLUE RIDGE ROAD 10/8/2025 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL.,CONDITIONS 299 Blue Ridge Road,North Andover At the October 8,2025 public hearing, the North Andover Conservation Comm ssion (NACC) voted t issue a Negative #3 Determination of Applicability approving the project at 299 Blue Midge Road,based on its fi l'gs below and subject to compliance with the conditions listed below. The work fficludes: Driveway rehabilitation with full depth reclaim, grading and compaction. f the driveway replacement will be within the existing footprint. Installation of 2"binder coat and 1.5" finish coat, sand and emulsify Joints. Connecting two garage downspouts to an existing drain at the corner of the driveway. Distances to wetland were measured in the field by Conservation staff-with all work outside the 01" Na Build Zone. The project shall conform to and comply with the following.- Applicant: Thomas Kinneman 299 Blue Ridge e Road North Andover,MA 01845 Record Documents.- Request for Determination of Applicability Form 1,with supporting materials, submitted.- September 23,2025 Record Flans: Aerial Map with measurement to wetland. The following special conditions are mandated: 1. Prior to any work, erasion controls shall be installed. ;. An on-site pre construction meeting shall be geld with the contractor,homeowner and Conservation staff. 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 can the ro er that is within the 100-foot buffer one is allowed under this permit. The NACC has Jurisdiction over all of the wetlands and associated 1 0-Foot buffer.zones on site and any wort that involves aound disturbance or than the current conditions in these areas will re wire permitting with the NACC.This includes but are not limited to house additions Dols atios deck sheds fences g,a,rden beds landsca m and brill e installation, tree or vegetation cuttingZ,pruning. These activities shall be held to the current standards under the bylaw and W A.. 299 Blue Ridge Road Negative 43 Determination of Applicability -Findings&Special Conditions Page I of I. 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, §4o Municipality A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Thomas Kinneman tab ...... Name Name 299 Blue Ridge Road Mailing Address Mailing Address North Andover MA 01845 MA City/Town State Zip Code City/Town State Zip,Code 978,8692,342 Phone Number Phone Number tom@ki'nneman.net Email Address Email Address(if known) 1. Project Location- 2,99 Blue Ridge Road Noirth Andover' Street Address City/Town How to finid Latitude and Loggitude 4�,���00 2­71,078100 Latitude(Decimal Degrees Format with 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 M�ap 65 Lot 188 decimal_qpqpees ! Assessors Map/flat Number Parcel/Lot Number 2. Date Request Filed- ,September 23,, 2025 B. tormin _ ton Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its su'pporting documentation, and made the following Determination. Project Description (if applicable): 'Driveway rehabilitation with full depth reclaim, grading and compaction. All of the driveway replacement will be within the same footprint., Installation of 2" bindier coat and 1.5"finish coat sand and emulsify joints. Connect two;garage downspouts to existing drain ail corner of driveway. Closest point of work 53 feet from wetlan& Title and Date (or Revised Date if applicable) of Final Plans and Other Documents; RDA with supporting attachments September 213 2025 Title Date Aerial Map,wl'h Measurement to Wetl'and -September 23# 2025 Title Date Title Date wp form2.doc-rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetland's WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cont.) The following Determinatioln(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). EJ I. 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 2,a. 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. E 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. El 3. The work described on referenced plan(s) and docum,ent(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. E 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 El 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,ordi'nance 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 ion o Form 2 — Determinat f Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determinatio n (cont.) [: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): i El Alternatives limited to;the lot on which the project is located. El Alternatives limited to the lot on which the project is located, the subdivided lots,, and any I 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. 0 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. El 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 filling 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,1 said work does not require the filing of a Notice of Intent, subject to the following conditions if any). See attached Findings &Special Conditions governing this work" El 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 WPA Form 2 — 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 I 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 Determinatioln is, issued to the applicant and delivered as follows: E:1 By hand delivery on By certified mail, return, receipt request on October 425 Date Date Certified Mail Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appropriate CEP 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 El By hand delivery October 14, 2025 Date Date Property Owner if not applicant) E] By mail [:1 By hand delivery Date Date wpaform2.doc-rev,4/12/2023 WPA Form 2—Determination of Applicability-Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination' & Appil"Icability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (con,t.) Signatures:. na Ire Printed Name Signature Printed Name Signature Printed Name Si'gnatur 1-0 Printed Name Signatu 7 Printed Name V Signatu Printed Name Signature Printed Name Signature Printed'Name D. Ap peals 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 community) 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 of Environmental Protection has no appellate jurisdiction. wpaform2.doc-Determination,of Applicability-rev.5/1812020 Page 5 of 5