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Home My WebLink About859 Winter Street - DOA Negative Determination - Permits - 859 WINTER STREET 10/22/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 859 Winter Street, North Andover At the October 22, 2025 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 859 Winter Street, based on its findings below and subject to compliance with the conditions listed below. The work includes: The project entails demo of the existing deck and both sets of stairs, rebuild in same footprint with one section to become a 16x16 screened in porch and eliminating side stairs closest to the garage where side of porch will be. New screw pile supports are proposed. The stairs to be eliminated are 68' from the wetland and deck is 73' from the wetland at its closest point. Crushed stone currently surrounds the deck and will be maintained allowing the porch roof to infiltrate into the stone. No other work is allowed under this permit. The project shall conform to and comply with the following: Applicant: Elizabeth Armstrong 859 Winter Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: October 6, 2025 Record Plans: Diagram C - Deck &Porch Layout/Cross Sections Screw Pile Specification Sheet Rendition B showing porch example As-Built Plan Excerpt showing existing conditions The following special conditions are mandated: 1. A pre-construction site inspection shall be held with the contractor and Conservation staff to review scope of work and conditions of this permit. 2. Post-construction site inspection shall be held to verify compliance. 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 859 Winter Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 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. 859 Winter Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection L7 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): Elizabeth Armstrong Elizabeth Armstrong V Q Name Name 859 Winter Street 11 S. Lakewalk Drive rerun Mailing Address Mailing Address North Andover MA 01845 Palm Coast FL 32137 City/Town State Zip�Code -City/Town State— Zip Code 978-771-4934 978-771-4934 Phone Number Phone Number armstrong.liz@gmail.com armstrong.liz@gmail.com Email Address Email Address(if known) 1. Project Location: 859 Winter Street North Andover Street Address City/Town Now to find Latitude 42.6794 --71.05850 i-n—j"-Con g it U d e Latitude(Decimal Degrees Formatwith 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 104E Lot 208 decirnal d green Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: 10-06-25 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): Demo of the existing deck and both sets of stairs, rebuild in same footprint with one section to become a 16x1 6 screened in porch and eliminating side stairs closest to the garage where side of porch will be. New screw support piles are proposed. Stairs to be eliminated are 68'frorn the wetland and deck is 73'from the wetland at its closest point. Crushed stone currently surrounds the deck and will be maintained allowing the porch roof to infiltrate into the stone. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA with supporting documents 10-06-25 Title Date Diagram C -deck& porch layout and cross section 10-06-25 Title Date Rendition B showing porch mock up and example 10-06-25 -Mile Date wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 L1Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands 1 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). El 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 Zones) 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 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 171 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.) 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: El 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): 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 adjacent lots formerly or presently owned by the same owner. El 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. 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. 171 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. 1771 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). Pre-construction site visit with contractor and Conservation staff shall be held. Post construction site visit with Conservation staff to verify compliance with approved plan. 171 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.4/1 212 0 2 3 WPA Form 2—Determination of Applicability•Page 3 of 5 Massachusetts Department of Environmental Protection L7 Bureau Uf Water Resources - Wetlands ��U�� .� K��~��t^�� U^��^U^*� _ _ - Form -- Determination' — ' ' 'x-n--' —'''�^ North Andover M@G8@ChUSe[ts Wetlands Protection Act M.G.[. C. 131' &40 Municipality B. Determination (cont.) R 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) [l 6. The area and/or work described in the Request is not subject to additional review and approval Name of Municipality Pursuant toa municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Author'zat'on This Determination is issued to the applicant and delivered aefollows: By hand delivery on E] By certified mail, return receipt request on 10-29-25 Date Date Certified Mail^Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appvophohaDEPRegiona| (}Oioeandthepnopedyowner(ifnottheapp|ioant) inthemannorasfoUowa: DEP F] By eDEP DOA Submittal Platform (Attach this form and supporting documents) Z ByUSPSmail Fl 8y hand delivery 10-29-25 Date Date Property Owner(if not applicant) 171 By mail [l By hand delivery oato Date °n°m"nu.u='rev.w1emnz` WPA Form c-Determination"/Applicability'Page 4mo Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� K�� *� �� *��~K��~��K� �� K��K~��~U~t»» ~ ~ ~ ~ ~ Form �� Determination" �" " Applicability North Andover MGSsGChUS8US WG[l8DdS Protection Act M.G.L. 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 ototubao' ondinanoea, bylaws, or regulations. This Determination must ba signed bya majority ofthmConamn/ationCommiaaion. AsnVtmdabovo. a copy must ba sent to the appropriate DEP Regional Office (see \ and the property owner(if different from the applicant) on the same date that the Applicant iu issued this Determination. Issuing Authority Signat r) Name Signature Printed Name Signature 6 Prinled Name Signa`tuYeW- Printed Name Signature -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 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.