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Home My WebLink About197 Hickory Hill Road DOA Negative Determination - Permits - 197 HICKORY HILL ROAD 10/28/2026 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 197 Hickory Hill Road, North Andover At the October 28,2026 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 197 Hickory Hill Road, based on its findings below and subject to compliance with the conditions listed below. The work includes: This RDA responds to an Enforcement Order issued by the Conservation Commission for unpern-dtted demolition of existing deteriorating deck and digging and installation of new footings for an expanded deck. The Commission gave the homeowner a choice between in-kind replacement under an RDA or expansion under a NOI-both are within the 25' NDZ and 50' NBZ,but expansion would have increased encroachment. The homeowners opted for in-kind replacement which places the deck 20' from the wetland at its closest point, and a waiver request was submitted for the Commission's consideration. The three pre-maturely installed footings going from left to right(viewed standing at the wetland delineation line looking at the back of the house)would be removed and pushed back towards the house approximately two feet. After due discussion and consideration,the Commission voted to grant the waiver to allow in-kind replacement of the deck. The project shall conform to and comply with the following: Applicant: Paul& Kelsey King 197 Hickory Hill Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials,submitted: September 30,2026 Record Plans: Certified Plot Plan, araiotated to depict pre-existing dimensions of rear deck, wetland flagging and erosion controls Assessor's Property Image Dimensions of house and deck footprints The following special conditions are mandated: 1. Prior to any work, the applicant or the contractor shall install 8" straw wattle as shown on the annotated Plot Plan. 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. 197 Hickory Hill Road Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 3. During the pre-construction meeting,the new locations for the three southerly outer footings shall be measured and documented to ensure compliance with the project as presented and narrated. 4. A post-construction site inspection shall be held with Conservation staff to verify compliance and approve removal of erosion controls upon stabilized conditions. **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 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. 197 Hickory Hill Road Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��y�� ^� �� ~��^��K� �� J�K��U^��~V^tnx _ _ _ ~ - Form -- Determination- ~' ' Applicability North Andover Massachusetts Wetlands P[OteCfiOD 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 0omove Conservation Commission youruumor-dunm use the return key. To: Applicant Property Owner(if different from app|ioonU: Paul & Kelsey King ~Q Name Name 197 Hickory Hill Road Mailing Address "---�--� North Andover MA 01845 State — zip Coda State — Zip Code 880-380-0102 Phone Number Phone Number thekingsO1845@gmail.com Email Address Email Address(if known) 1. Project Location: 197Hicko Hill Road North Andover Street Address City/Town How to find Latitude 42,71838 -71.10224 and Longit deLatitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal o.g.XX.XXXXX) decimal e.g.'XX.XXKXX> and how to convert to Map 62 Lot133 2. Dote Request Filed: Se eha b r3O 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): In-kind replacement of pre-existing (deteriorating and demolished)— ` be 20fro~^dhe bordering vegetation wetland at its closest point. TiMenndDetekxRavieedDateifapp|ioableAcfFina| PlanoondOtherDooumenta: Certified Plot Plan Annotated tndecptdeck, wetland flags and erosion � controls Date � Assessor's Property Image Dimensions outer footprint of house and deck Nec'vdUQ-30'2O /mo "ate RDA with supporting materials00-30-26 Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands �� K��M�� *� �� K��~K��^��K� �� k�U~��~U~tn« - - - - - Form -- Determination- — - Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 Municipality B, Determination /c(]Of.\ The following Determi 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 pmoond until a final Order of Conditions (issued following submittal of Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department ofEnvironmental Protection), LJ 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 ofa Notice ofIntent. [l 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Thorefove, the resource area boundaries confirmed in this Determination are binding auto all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for ao long as this Determination is valid. [J 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 ho this Determination orbz the Request for Determination. [l 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 Notice of Intent. F] 4. The work described on referenced plan(s) and docurnent(s) is within the Buffer Zone and will alter an Area subject to jurisdiction under the Act. Therefono, said work requires the filing of Notice ofIntent 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: North Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetland Protectio Bylaw & Regulations Cho t 100 et. Name Ordinance or Bylaw Citation °*"m'm2.^""`rev.4/28/2023 wpx Form a-Determination w Applicability'Page zw, Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands ��y��d� ��K�� ~K��*^K�K� �� K�KDU~��K�~U~t«« _ _ _ _ _ Form __ Determination' — ' Applicability North Andover Massachusetts Wetlands Protection /\Ct M.G.L. C. 131. &40 Municipality B. Determination (cont.) LJ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject b>the Massachusetts Wetlands Protection Act: [1 7. If Notice of Intent is filed for the work in the Riverfront/\rea 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): L] Alternatives limited ho the lot on which the project is |ooated. [] Alternatives limited to the lot on which the project is |ooated, the subdivided |ota, and any adjacent lots formerly or presently owned bv the same owner. Alternatives limited hz the original parcel on which the project is |ocated, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. LJ 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 /\ot is required by the applicant. Hovvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|eastheDepartmentfai|st000tonauchroqueatvvithin35dayaoftha date the request ia post-marked for certified mail or hand delivered tothe 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. [l 1. The area described in the Request ia not an area subject tn jurisdiction under the Act orthe Buffer Zone. �l 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not namova, fi||, dredge, or alter that area. Tharefor*, said work does not require the filing of o Notice ofIntent. Z 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. Thereforn, said work does not require the filing of Notion of|ntent, subject to the following conditions (if any). **See Attached List of Special Conditions** Fl 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 Notice of Intent, unless and until said work alters an Area subject to jurisdiction under the Act. Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands L11 ��K�� ^� .� U��*��^��^�� K�KDU~��~U~�� _ _ _ _ - Form -- Determination- — - Applicability----� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B. Determination (cont.) [] 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 exemptiun, as specified in the Act and the regulations, no Notice of Intent ia required: Exempt Activity(site applicable statutory/regulatory provisions) [] 8. The area and/or work described in the Request io not subject to additional review and approval by: Name of Municipality Pursuant toa municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination io issued bz the applicant and delivered asfollows: Fl By hand delivery on Z By certified mai|, return receipt request on 11'03'2G —bat—e Date ?019 2280 0001 5566 1090 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 [l By eDEP DOA Submittal Platform (Attach this form and supporting documents) Z ByUSPSmail 171 Bv hand delivery 11'O3'26 Date Date Property Owner(if not applicant) By mail By hand delivery Date Date ' � wpalorm2.cloc rev.4/28/2023 VVPA Form 2—Determination of Applicability-Page 4 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��U�� ~� A��~��*^�� U~��~U~*� � - ~ ~ ~ Form^^^ �� Determination~ ~~ ^ Applicability~~^^~�� North Andover ILI Massachusetts Wetlands 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 federa|, state, or local etatutea, ondinancea, bylaws, or regulations. This Determination must bo signed bya majority ofthoConaenxaionCommiosion. Aonoiedabove. a copy must bm sent ho the appropriate DEP Regional Office (see \ and the property owner(if different from the applicant) on the same date that the Applicant ia issued this Determination. Issuing Authority Signatures;, Signature Sign Printed Name Signature Printed Name Signature Pffinte-d-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 0fOCO /sm8 cgMMurflty)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 ofEnvironmental Protection has no appellate jurisdiction. °p"m""u.u""'rev.4u8/2023 Wrxmnn2-Determination"/Applicability'Page,°/x