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Home My WebLink About863 Winter Street DOA Negative Determination - Permits - 863 WINTER STREET 5/27/2026 (_'.1.0NSERVAT10N DEPARTMENT E A TT Community.Development Division NEGATIVE, #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 3 Winter Street, North.Andover The North Andover Conservation Commission (NACC) held the public bearing at its May 13, 2026 and. May 27, 2026 meetings. At the May 13th meeting, the NACC requested additional information as to the conditions wxtnin the wooded area vs. fence location and whether any trees, vegetation or the stone wall will be impacted by fence installation. Having received satisfactory information that no trees or vegetation will require removal and the stonewall would not he materially altered, the NACC voted to grant the waiver as requested, and issue a Negative #3 Determination of Applicability approving the project at 863 Winter Street, lased on its findings below and subject to conk fiance with the conditions listed below. The work includes This project involves installation of a perimeter fence, with 4" freeboard at the bottom for wildlife movement. The fence will be outside the 25' NDZ, but inside the 5 ' NBZ for which the wavier was granted. The larger project prompting the fence s an in-ground pool, patio, pool louse and associated appurtenances, all of which are all outside the buffer zone. Perimeter erosion controls are proposed and will serve to protect the wetland from fence installation activities. The project shall conform to and comply with the following Applicant: Cello L eC. amargo 3 Winter Street North.Andover, MA 01845 Record Documents Request est for Determination of Applicability Form1,with supporting materials, submitted: April 30, 2026 Record Plans: Plan of Lard in North Andover, MA 863 Winter Street Prepared by Merrimack Engineering Services Signed & Stamped by Stephen Stapinski,Scale 1""=2 " Final Revision.Dated May 26, 2026 The following special conditio ns are mandated, 1. Prior to any work, the applicant or the contractor shall install the proposed ►osed erosion controls as depicted on the approved plan. 3 Winter Street Negative#3 Determination of Applicability- Findings Vic;Special Conditions Page 1 of 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 if such controls are no longer needed. The applicant, and their contractors are advised that NO other work on the P.roPertY that is within the 100-foot buffer zone is allowed under this perm 0 t. The NACC hasjuriscaction over all of the wetlands and associated 100-Foot buffer zones on site and any work that 'Involves It disturbance 10.0 # round ctisturbance or:than in the current conditions in these areas will req permitti,ng,with the NACC. This includes, but are not limited to, house additions., pools, patios', decks,--sheds, fences, garden feeds, landscaping and I oridge installationsL tree or vegetation cutting/pruninR. These activities shall be held to the current standards under the By and A. 863 Winter Street Negative#3 Determination of Applicability—Findings& Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands Determ"Ination o WPA Form 2 f Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Inform ation 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): Celio DeCamargo, Silvana Adami tab Name Name 863 Winter Sreet 863 Winter Street Mailing Address Mailing Address North Andover -MA 01845 Noirt,h Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 617-5011-5631 978- 6-6657 Phone N'um� ber Phone Number cstdba@gmail.com scadami@hotmaii.com Email Address, Email Address(if known) 1. Project Location: 863 Winte�r Street North Arld'Over Street Address, City/Town How,to,find LatitUde 421,.617894 1.06878 LonnittAp 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 Map 104B Lot 2,09 dlecinia,l de reed Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: April 30, 2026 B. Dete rm ination Pursuant to the authority of M.G.L. c. 13,1, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description if applicable): Install perimeter fence within 100' Buffer Zone (outside local 25' N DZ, but within the 50' N BZ for which a waiver has been granted). Title and Date or Revised Date if applicabile) of Final' Plans and Other Documents: Plan of Land in North Andover 863 Winter Street May 26, 2026 Title Date RDA& Supporting Materials April 29, 2026 Title Date Title Date wpa:form 2.doc-rev.4/28/2023 WP,A Form 2—Determination of Applicability-Page 1 of 5 Massachusetts, Department of Environmental Protect'ion Bureau of Water Resources, - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetland's 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). 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. 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. El 2,b. 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. 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 ordinance or bylaw: Name ordinance or Bylaw Citation wpaform2.doc-rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 2 of 8 Massachusetts, Department of Environmental Protection Bureau of Water Resources - Wetlands WPIA Form 2 — Determination of Applicaboloty North Andover Massachusetts Wetlands Protection Act M.G.L. c. 13,1 1 §40 Municipality B, Determ i nation (cont) 61. 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 Riverf'ront 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 foll lowing alternatives. (Refer to the wetland regulations at 101.58(4)(c) 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 located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. 0 i 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.. El 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. 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. 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). Install erosion controlls, hold pre & post-construction meeting with Conservation staff. *See attached for more details.* 4. The work described in the Request is not within an Area subject to jurisdict,i'on under the Act (including the Buffer Zone). Therefore, said work doles 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,4128/2023 WPA Form 2—Determination of Applicability-Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands — Det:erm"'nation of Appi"cability WPA Form 2, North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131', §40 Municipality B. Determination (cont.,) El 5. The area described in the Request is subject to jurisdiction under the Act. Since the work described therein meets the requirements for the foillowing exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statultory/regulatory provisions} El 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: El By hand delivery on By certified mail, return receipt request on June 3) 2026 Date Date 9589 0710 5270 0977 7289 73 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 ownner if not the applicant) in the manner as follows: DEP [] By eDEP DOA Submittal Platfoitm (Attach this form and supporting documents) Z By USPS mail By hand delivery June 3, 2026 Date Date Plroperty Owner(if not applicant) By mail By hand delivery Date Date wpaform2.doc•rev.4/28/20,23 WPA Form 2—Determination of Applicability-Page 4 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 C. Autho rization (cont.) This Dieterm,ination 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, or regulations. 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 https-://www.mass.gov/service- ,d eta i I s/m assd ep-,reg ion a l-ofrices-b communit and the property owner if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority Signatures: III /Y 91Fhature VJ Printed Name,Y� im Signature Printed Name U 1 Signat Pripted Name f Signs r Printed Name t L P J Sign re Printed,Name A/ I A Signature Pr rated Name IV SignaturcV Printed Name V 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 tit 'ices-b 'communLty)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 Cl R 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 Commiss,ion, 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-rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 5 of 5