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Home My WebLink About136 Carlton Lane DOA Negative Determination - Permits - 136 CARLTON LANE 6/24/2026 x iq,II r I I rl.n C"NSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 136 Carlton.Lane,North Andover At tl-te June ,2026 public bearing,the North.Andover Conservation nservation Commission(NACC)voted to issue a Negative #3 Determination of Applicability approving the project at 136 Carlton Lane,based on its findings below and sula"ect tc��c a �� itl -te co�diti ans listed below. The work includes: Driveway rehabilitation with full depth reclaim, raring and compaction. Installation.of 2" hinder coat and 1.5" finish coat,salt and emulsify joints. All of the driveway replacement will be within the existing footprint. Distances to wetland were measured in the field by Conservation staff-with closest point of work at just under 10-feet from the intermittent strewn. After discussion with the paving contractor,,Howard Cooper of Cooper Brothers Asphalt raving, the NACC voted to grant a waiver to allow driveway rehabilitation within the 25" NDZ as there are,no other practicable alternatives that would reduce or eliminate the scope of work within this zone. The project shall conforms to and comply with the following.* Applicant: Ryan Duffy 136 Carlton Lane North Andover,MA 01845 Record Documents Request for Determination of Applicability Form 1,with supporting materials, submitted: May 28,202 Record Plans Aerial image prepared by Conservation staff The following special conditions are mandated: 1. Prior to construction,erosion controls (8"" mulch sock) shall be installed and staled according to the instructions of Conservation n staff along the entire length of the driveway between the edge of pavement and the wetland. . A pre-cons truction site inspection shall be scheduled with the Conservation Department and the contractor to review erosion control installation and project scope., 3. A post-construction site 'inspection shall be scheduled with the Conservation Department t eri y compliance and approve removal of erosion control. The applicant and their contractors are advised that NO other work on the property that is within the 10 -fo t buffer zone is allowed under this,permit. The NACC leas,jurisdiction over all of the wetlands and associated 101- °+ cat lauff'er zones on site and apy work that involves round' disturbance or clan in the current conditions in. these areas will require ermitting with the NACC.This includes but are not limited to house additions, o ls, o, deck shed a " s fences arden beds landscaping and larid e installatio�n tree or vegetation cuteprui-dpg. These activities shall be held to the current standards under the Bylaw and WPA. 13 Carlton Lane Negative#3 D ten"n nit on of Applicability- Findings&Special Condition Page l 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, §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): Ryan Duffy VQ Name Name 136 Carlton Lane Mailing Address Mailing Address Nun North,Andover MAI 01845 City/Town State Zip Code City/Town State Zip Code (508) 246-9300 Phone Number Phone Number ryas patrickd'u outlook.,com Email Address Email Address if known) 1. Project Location: 1316 Carlton Street North Andover' street.Address City/Tolwn, How to find LatitUde 4�21.65600 -71.018230, and Longitude, 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 coinvert to 106.C-0098-000-0 —cimal d,�IqLees Assessors Map/Plat Number Parcel/Lot Number i 2. Date Request Filed': May 28,, 2026, ............ ...... 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): Driveway rehabilitation with full depth reclaim,, grading and compaction. Installation of 2" binder coat, and 1.5":finish coat, salt and emulsify Joints. All of the driveway replacement will be within the existing footprint. Distances to wetlan,d were measured in thefield by Conservation staff-with, closest point Of work at just under 1 0-feet from the 1 ritermittent stream. Title and Data (or Revised Date if applicable) of Final Plans and Other Documents: -28-20'26 Aerial, image prepared by Conservation staff 5 ............................. Title Date RDA,application and supporting materials 5-28-20,26 .......... Title Date Title Date wpa:form2.doc rev,4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department, f Envkonmentall Protect"ion Bureau of Water Resources - Wetlands WPIA Form 2 — Determination of Applicability North Andover Massachusetts, Wetlands Protection Act M.G.L. c. 131, §4o Municipality IL El. Determi nation (cont.) The following Determinatioln(s) is/are appl'icable 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 Com�miss,ion 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 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 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. El 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 5. The area and/or work described on referenced plan(s) and documents) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform,2.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 Fo,rm 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c., 131, §40 Municipality B. Determinatioln (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: F1 7. If a Notice of Intent is,filed for the work in the Riverfront Area described on referenced plan(s) and doicument(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. M 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. Neglati've Determination Note: No further action under the Wetlands Protection Act is required by the apipli'cant. 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 3,5 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. 0 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 doles not require the filing of a Notice of Intent, subject to the following conditions if any). *See Attached Findingis fund Special Conditions ............ E 4., The work described in the Request is not within an Area subject to jurisdiction under the Act (including the duffer Zone). Therefore, said work does, not require the filing of a Notice of Intent, unless and unti'l'l said work alters an Area subject to jurisdiction under the Act. wpaform;2.doc•rev.4/12/2023 \NPA 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 1 §40 Municipality B. Determination (coint.) 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 regulatioins, 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 Authorization T'hiis Determination is issued' to the applicant and delivered as follows: E] By hand' delivery on Z By certified mail, return receipt', request on 6-29-2026 Date Date 9589 0710 5270 0977 7289 97 Certified Mail Number A copy of this Determination has been sent on the same date, considered the data of issuance, to the appropriate DEP Reglionall Office and the property owner if not the applicant) in the manner as follows: DEP [:1 By eDEP DO,A S,ubmiittal Platform, (Attach this form and supporting documents) Z By USPS mail By hand delivery 6-29-20126 Date Date Property Owner If not applicant) [:1 By mail E] By hand delivery Date Date wpaform,2.doc rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 4 of 5 I Massachusetts Departmen t, of Environmental Protection Bureau of Water Resources - Wetlands WPA Foirm 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 Municipality C. Author'11 i n (cont.) This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans wh�ich are valiI d for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, oirdinance,s, 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- deta i Is/mass,d e p-re g ion a I-offices-by-com m u n ity) and the property owner if different from the applicant) on the same date that the Applicant is, issued this Determination. Issuing Authority Signatures: S Pigna w rinte Signa e Printed Nme'a kj Pri t di N a Signs e,, lr/ ----------------- Sil,gna 6r Printed Name A, 0-, Signecturer" Printed Name r;e ,77)- Signature P Name fi SignaVture — PrintedNam.e 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 -off'ic cornrnu!]ity)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 CMS 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 Wetland's 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,