HomeMy WebLinkAbout63 Sutton Place DOA Negative Determination - Permits - 63 SUTTON PLACE 7/8/2026 w
CONSERVATION EPA T T
Community Development Division
NEGATIVE #3 DETERMINATION OF APPLICABILITY
FINDINGS & SPECIAL CONDITIONS
63 Sutton Place, North Andover
At the July 8, 2026 public hearing, the North.Andover Conservation Commission ('NACC) voted.
to issue a Negative #3 Determination nation of Applicability approving the project at 63 Sutton Place,,
fused can lts .findings below and subject to compliance with the conditions listed below.
1 4, -1 n
The work lnciudes: Demolition of an existing rear�-seaso�.porch (-13x2O) and construction of a.
larger 22x2 addition in the sane vicinity. The existing porch is supported by concrete:footings,
and the new addition will be supported by helical piles (resulting in minimal ground.
disturbance). The off-site wetland is a bordering vegetated wetland associated with a
intermittent stream and projects the -;foot buffer zone onto the property. The new addition
will be 78 feet from the BVW at its closest point. The area of work will be fully enveloped by
erosion controls as shown on the proposed plan, construction access will be from the cul-de-sac
over maintained lawn. No other work is allowed under this permit.
The project shall conform to and comply with the following:
Applicant: Michael &Jennifer Mandolese
3 Sutton Place
North Andover, MA O�1845
Record Documents.- Request for Determination of .Applicability Form 1, with supporting
materials,, submitted: June 24, 2026
Record :glans: "Plot Man- #63 Sutton Place,", prepared by Andover Consultants,
Inc., signed and stamped by Peter Goodwin, PLS. Scale 1"' ' dated.
June 24, 2026
A,
The following s eclat c nct tion are man ate+
. Prior to any wort:, erosion controls, as shorn on the approved plan, shall be
a
installed in time for a pre-construction meeting with the contractor, applicant
and. Conservation staff to review the scope of work.
2. A. post construction site inspection shall be scheduled with the contractor,
applicant and Conservation staff to verify compliant as-guilt conditions and
approve removal of erosion controls upon stabilized conditions.
63 LItt011 "lac
Negative fl,, Determination of Applicability- Findings Special Conditiotis
Page l of
**The ap 1 pjjcant an d their contractors are advised that NO other:work on the property that
Within the 100-foot buffer zone is allowed under this -permit. The NAcC has juriscliction over
all of the wetlands and associated 100-Foot buffer zones on site and any work that 'Involves
groan ct ctisturbance or changing the current conditions 'in these areas will require
ermitting with the NACC. This includes,but are nolt limited to, house additions, pools patios,
decks, sheds fences en be -1 -1 * installation ree or
.........g,a.rd ds, landscaping and oridge
veg,e.t,a,tion cutting/pruning. These activities shall be held to the current standards under the
Bylaw and WPA.,
63 Sutton Place
Negative 43 Determination of Applicability—Findings&Special Conditions
Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of'Water Resources - Wetlands
'on o
WPA Form 2 — Determinatin f Applicab"fity North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
A. General Information
Important:
Whien 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):
Michael & Jennifer Mandolese
................
Name Name
63 Sutton Place
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip,Code
61'7-584-6302
Phone Number Phone Number
mma,ndolese@gmail.com
Email Address Email Address(if known)
I Project Location:
63 Sutton Place North Andover
Street Address City/Town
flow to,find LatitUde
and Loggaude 42.67569 _�-7 1.11 24�
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 60 -Lot 109
decimaLd gki�ees
Assessors Map/Plat Number Parcel/Lot Number
2. Date Request Filed:
June 24, 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):
Derriolition ofan existing rear 3-sea,son porch (,%,1 U20)and construction of'a larger(22x22,)
addition 'in the same vicinity. The existing porch is supported by concrete,footings, and the new
addition will be supported by helical piles (resulting in minimal ground disturbance). The' new
addition wIllbe'78' from BVW at Its closest point.
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plot Plan #63 Sutton Place, prepared by Andover Consultants, signed and 6- 4-2
stamped by Peter Goodwin, PLS, scale 1"=40' Date
RDA and supporting materials 06-23-26
Title Date
Title Date
wpaform2.doc-rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 1 of 5
Massachusetts Department of Env*ironmentall Protecti"on
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
Bi. Determination (cont.,)
The following Determ i nation(s) is/are applicable to the proposed site and/or project relative to the
Wet,lands, Protection Act and regulations:
Positive Determination
Note: No work within the jurisdliction,of the Wetland's 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 issuling authority (i.e., Conservation Commission or the Department of Environmental
Protection).
01 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.
0 2a. T'he,boundary delineations of the following resource areas described on the referenced pl!an(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 vapid.
EJ 2b. The boundaries of Wetlands Resource Are ) and Buffer Zone(s) l'i'sted 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.
E 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,
5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pulrsuant to the following municipal wetland ordinance oir bylaw:
Name Ordinance or Bylaw Citation
wpaform2,doc-rev,4/2�8/2023 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.)
F! 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 Riverfroint Area described on referenced plans)
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
moire 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.
i i
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 Determinaflon
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.
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 does not
require the filing of a, Notice of Intent, subject to the following conditions if any).
rols, shall be installed in:time for a pre constructionmeeting with the contractor,
Erosion cont I i
applicant and Conservation staff to, review the scope of work, A post construction meeting to
verify compliant as-built conditions and approve removal of erosion controls.
El 4. The work described in the; Request is not within an Area subject to jurisdiction under the Act
(including the Buffer :one .. 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.4/28/2023 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
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 following exemption, as specified in the Act
and the regulations, no Notice of Intent is required:
...........................................
Exempt Activity(site applicable statutory/regulatory provisions)
EJ 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
07-15-26
Date Date
0?10 52?0 09?? ?290 00
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 owner,(if not the applicant) in the manner as follows:
DEP
EJ By eD,EP D,OA Submittal Platform (Attach this, form and supporting documents)
By U'SPS mail By hand delivery
07-15-26
Date Date
Property Owner(if not applicant)
EJ By mail E By hand delivery
Date Date
wpaform2,doc•rev,4/28/2023 WP,A 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. Authorization (cont.)
T'his Determination is valid for t'hree 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 compilying 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 DEFT Regional Office (see https://www.mass.gov/'servi�ce-
d eta i Is/massde p-re g ion a I-offi ces-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 Auth�ority
Signatures:
`Ij," t;
'-w/011` J1,11
`S-@`naIure, 100 Printed N me
let
U,10 Sign�a Printeq,,Name
Si,gna u if Panted Name
quo i Off .........
Signatur Pre ted Name
V\
t-§7 n e Si I Printed Name
Signature: 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 -o,ffic,e§-by-
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 CMS. 10.013(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.
wpaformUoc-rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 5 of 5