The URL can be used to link to this page

Home My WebLink About79 Boxford Street DOA Negative Determination - Permits - 79 BOXFORD STREET 8/12/2026 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 79 Boxford Street,North Andover At the August 12,2026 public hearing,the North Andover Conservation Commission(NACC)voted to issue a Negative #3 Determination of Applicability approving the project at 79 Boxford Street,based on its findings below and subject to compliance with the conditions listed below. The work includes: Installation of vinyl fencing from the house's southeastern rear corner to the tree line. All work shall be done by hand. Distances to wetland were measured in the field by Conservation staff-with closest point of work at—10-feet from the Bordering Vegetated Wetland. After discussion with the applicant, Zachary Ungvarsky, the NACC voted to grant a waiver to allow fence installation within the 25' NDZ,under the condition that a 5-foot wide swath of lawn shall be relinquished and left to naturalize,starting at Wetland Flag A3 and ending at Wetland Flag Al2 be. The project shall conform to and comply with the following: Applicant: Zachary Ungvarsky 79 Boxford Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: July 30, 2026 Record Plans: Certified Plot Plan prepared by Seekamp Enviroranental;with proposed fence plan annotated by Zachary Ungvarsky The following special conditions are mandated: 1. Prior to construction,erosion controls (8" straw wattle) shall be installed and staked according to the instructions of Conservation staff. 2. Excess soil shall be moved off site. 3. The 5-foot wide swath of lawn shall be relinquished;this area shall not be subject to mowing,but shall be left to naturalize and fully revegetate. Wetland markers mounted on 4x4 pressure-treated posts or other weather-resistant material (cedar or granite posts) shall be installed evenly along the edge of the relinquished area at 20 to 25 foot intervals,and as directed in the field by Conservation staff. 4. A pre-construction site inspection shall be scheduled with the Conservation Department and the contractor to review erosion control installation and project scope 5. A post-construction site inspection shall be scheduled with the Conservation Department to verify 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 100- foot buffer zone is allowed under this permit. The NACC has jurisdiction over all of the wetlands and 79 Boxford Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 associated 100-Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require Permitting with the NACC.Tlus 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. 79 I3oxford Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��N�� ~_ ��K�^��~�� K��U~��^U~�� _ _ _ _ _ Form __ Determination' -' ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 Municipality A. General Information Important: _ When filling out From: forms onthe North Andover nnmpum� use nn� the tab key mmove Conservation Commission your cursor do not use the return key. To: Applicant Property Owner(if different from app|ican¢ Zachary Ungvarky ` OQ Name Name ^ Mailing Address ddmo North Andover MA 01845 MA City/Town State Zip Code City/[own State Zip Code (978)604-0912 Phone Number Phone Number Email Address Email Address(if known) 1. Project Location: 79 Boxford Street North Andover Street Address citynown How to find Latitude 42,66490 -71.06800 and Longitude Latitude(Decimal Degrees Format wb-5 JTibafter Longitude(Decimal Degrees Format with 5 digits after decimal o.g.XX.XXXXX) decimal o.g.-XX.XXXX:) and how to convert to 106.A 66 decimal_qpgLees Assessors Map/Plat Number Parcel/Lot Number l Date Request Filed: B. Determination Pursuant to the authority ofM.GLo. 131. § 4U' the Conservation Commission considered your Request for DabanninoUon of Applicability, with its supporting dooumentadion, and made the following Determination. Project Description (if applicable): Installation of vinyl fencing from the house's southeastern rear corner to the tree line. All work shall be done by hand, Distances to wetland were measured in the field by Conservation staff-with closest point of work at—1 0-feet from the Bordering Vegetated Wetland. After discussion with the applicant, Zachary Ungvarsky, the NACC voted to grant a waiver to allow fence installation within the 25' NDZ, under the condition that 5-foot wide swath/strip of lawn be relinquished to revegetate. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: homeownerCertified Plot Plan annotated by July 30 2026 TiUn Date Date RDA with supporting materials July 30, 2026 Date °paf°rmz*oc'rev.w,c/2v ` vP^Form x-Determination u Applicability`Page I*, Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��N�� <�� .� ��K�~��~�� U~��^U^�� _ _ _ _ _ Form __ Determination- — - Applicability--'-x North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131. §40 Municipality B. Determination /c{}Df.\ The following Determ i nation(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). L] 1. The area described on the referenced plan(s) is an area subject to jurisdiction under the Act. � Removing,filling, dxsdBing, or altering of the area requires the filing ofa Notice ofIntent. [l 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 aotoall decisions rendered pursuant bu the Wetlands Protection Act and its regulations regarding such boundaries for an long aa this Determination iovalid. [] 2b. TheboundahesofVVet|andaRoeouroeArea(o) ondBuffer2bne(e) |istedbe|owonalod confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached b)this Determination orto the Request for Determination. 3. The work described on referenced plan(s) and document(s) is within an area subject to jurisdiction under the Act and will n*mnve. MU' dredge, or alter that area. Therefona, said work requires the filing of Notice of Intent. F-1 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter on Area subject to jurisdiction under the Act, Therefona, said work requires the filing of Notice of Intent Fl 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 orbylaw: Name Ordinance or Bylaw Citation °pmvmzooc'rev.w1znv3 vPxpormx-oet°rmmati" w Applicability'Page zma Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands �� K�� *� �� *��^k��*~��8� �� Applicability_ _ _ _ _ Form __ Determination' — ' ' 'o-n-'' —'''-v North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. &40 B. Determination (cont.) F-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: F-1 7. If Notice of Intent in 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)(o) 2. for / more information about the scope of alternatives requirennents): Fl Alternatives limited to the lot on which the project io |ocah*d. F] Alternatives limited ho the lot on which the project is |ooabad. thesubdivided |ots. ondany 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. E] 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 o 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 |iohad at the end of this document. [l 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 io jurisdiction under the Act, but � will not n*move, fiU, dredge' or alter that area. Therefore, said work does not require the filing of a Notice ofIntent. � 3. The work described in the Request is within the Buffer Zone, an 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). **See attached Findings &Special Conditions" 1771 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Then*fona, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject to jurisdiction under the Act. °»af°m2.o""'rev.w1u000 WP^Form z-Determination m Applicability'Page 3mo Massachusetts Department of Environmental Protection Bureau Uf Water Resources - Wetlands ��N�� /�� .� N��K�^��^�� U^��~U~�� _ _ _ _ - Form _- Determination' — ' Applicability—'''-� North Andover M8SS8ChUS8tts Wef/8DdG Protection Act M.G|. C. 131, G40 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 ia required: Exempt Activity(site applicable statutory/regulatory provisions) F� 6. The area and/or work described in the Request is not subject to additional review and approval by:^ Pursuant tna municipal wetlands' ordinance orbylaw. -N—ame Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: � By hand delivery on Bv certified mail, return receipt request on 8/19/2026 Date � 9589 0710 5270 0977 7270 31 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: OEP Fl By eDEP DOA Submittal Platform(Attach this form and supporting documents) Z BvUSP8 mail F] 8v hand delivery 6 ` Da—t Date Property Owner(if not applicant) By mail 171 By hand delivery � oma Date °pm^rme.u,°'rev,^na,02o vP^Form z-Determination m Applicability'Page 4ms Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� ^� �� K��~K��^�� K�K�U~K��~U~t^» ~ ~ ^ ^ ^ Form^^^ ~~ Determination^ ~^ ^ Applicability~~^~~�� North Andover M8SS@ChUSettS Wetlands PPOtG[tiOD /\Ct 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, atab*. or|ooe| otatutea, ondinanoee, by|avvu' or regulations. This Determination must ba signed bva majority ofthmConoenxationCommiaoion. Aanobadabovo. 0 copy must bn sent to the appropriate OEP 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 Signatures: Signature Printed Name Signature Printed Na e Signa .Ire '(//t Pripted Name Signatur1% Priq�ted Nqmg, Signature_' Printed Name Signatu--r�-'—' Printed Name mgnmmm 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 isnottheappwUant. ThenaqumotahoUshatoc|eor|yandoonciao|ytheobieotionsho 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 uf Environmental Protection has nu appellate jurisdiction.