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Home My WebLink About89 Bear Hill Road DOA Negative Determination - Permits - 89 BEAR HILL ROAD 10/28/2026 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 89 Bear 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 89 Bear Hill Road,based on its findings below and subject to compliance with the conditions listed below. The work includes:In-kind replacement of an existing retaining wall running along a portion of the driveway from the NW corner of the house,leading up toward the road.The upper wall is approximately 27'x2',lower wall is approximately 34'xT both descending to ground level.The wall shall be constructed from pre-cast blocks,and then back-filled with stone for drainage.The material stockpile area shall be situated on the paved driveway and construction access shall be through the driveway.The closest point of work shall be approximately 47'from an intermittent stream,located on the other side of the driveway,just within the 50-foot No Build Zone.A waiver request was submitted and after due discussion and consideration,the Commission voted to grant the waiver as the walls were constructed as part of the lot development and serve to maintain stable grades and house foundation. A BVW is located in the rear of the property,more than 100'from the project.Distances to wetland were measured in the field by Conservation staff. The project shall conform to and comply with the following: Applicant: Robert Ford 89 Bear Hill Road North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: October 13,2026 Record Plans: Aerial image prepared to depict project feature locations and distances to wetland resources The following special conditions are mandated: 1. Prior to construction,erosion control(8" straw wattle)shall be installed and staked according to the instructions of Conservation staff. 2. A pre-construction site inspection shall be scheduled with the Conservation Department, homeowner and the contractor to review erosion control installation and project scope. 3. A post-construction site inspection shall be scheduled with the Conservation Department to verify compliance and approve removal of erosion control 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. 89 Bear Hill Road Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of I Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover L111 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): Robert Ford Name Name 89 Bear Hill Road Mailing Address Mailing Address North Andover MA 01845 MA City/Town State Zip Code City/Town State Zip Code (978) 387-6005 Phone Number Phone Number rpf@fordlaw.net Email Address Email Address(if known) 1. Project Location: 89 Bear Hill Road North Andover Street Address City/Town How to find Latitude 42.67750 --71.09000 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 convert to 64 82 d e c i nn a I qgqL@Lkq Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: 10-13-2026 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): Existing retaining wall replacement(in-kind), running along a portion of the driveway from the NW corner of the house, up toward the road. Closest point of work is —47'from an intermittent stream, located on the other side of the driveway. Wall to be constructed from pre-cast blocks, and then back-filled with stone for drainage. Material stockpile area will be located in the paved driveway. Access to the worksite will be through the driveway. Work is to be done by hand. No dumpster is necessary. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA with supporting materials 10-13-2026 Title Date Aerial showing project features and distances to wetland 10-13-2026 Title Date Title Date wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability•Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability pp y North Andover Massachusetts Wetlands 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). ❑ 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. ❑ 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. ❑ 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 Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.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 ��U�� o�� .� A��*��K�~��*^�� U~��^U^�� _ _ _ _ _ Form __ Determination' — ' Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.[. C. 131' G40 Municipality B. Determination (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: / � �l 7. If Notice of Intent is filed for the work in the RiverfrordArea 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 raquinamento\: n Alternatives limited to the lot on which the project is located. [] Alternatives limited tu the lot on which the project io |ooabsd. Uleeubdk/k1od |nts. andany adjacent lots formerly or presently owned bv the same owner. Fl Alternatives limited ho the original parcel on which the project is |ooeh*d, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. Fl Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Nobs: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue Superseding Determination of Applicability, work may not proceed on this project un|aaotheOepadmontfei|stnaotonouuhrequoetvvithin35daysofthe 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. [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 to jurisdiction under the Aot, but will not remove, 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, 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). attached Findings& Special C di El 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 a 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 ��U�� ~� ��*��^��~�� U~��~U~*� _ _ _ _ _ Form--- __ Determination- — ' Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131' G40 Municipality B. Determination (cont.) [] 5. The area described in the Request is subject bu 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 ofIntent is required: Exempt Activity(site applicable stammw/regu|amrypmvisiono) [l 8. The area and/or work described in the Request is not subject to additional review and approval by: Name of Municipality Pursuant hna municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered aafollows: 171 Bv hand delivery on By certified mail, return receipt request on 11-n3-2 Date uaua 9589071052701421984679 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 ByUSPGmail By hand delivery 11-03-26 Date Date Property Owner(if not applicant) By mail By hand delivery Date Date °,afo""2.u='rev.w1uoom vVPx Form x-Determination w Applicability'Page*mo Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands L11 �� .� ��*��~��~�� U~��~K~�� ~ ~ ~ ^ ~ Form^^^ ~~ — Determination~ ~~ ~ Applicability~~~^^~� North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131' G40 Municipality C. Authorization (cont.) This Determination is valid for three years from the date ofissuance 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 oto(ub»e, ordinances, bylaws, or regulations. This Determination must bo signed byo majority ofthoConsonxsUonCommiesion. Asnotodabovo. a copy must be sent to the appropriate DEP Regional (lfDoe (see \ and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority Gignatu Ak sWnamm [/ Printed Name silyure Printed Name "VA IL-L'r\ Signat r6 Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, ovvnm[ any person aggrieved by this Dabynninohon, any owner ofland 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 gpmIiunit )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 CK4R 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 oteba 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 K4asaonhusot(a Wetlands Protection Act orregulations, the Department ofEnvironmental Protection has no appellate jurisdiction.