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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
134 Coachman's Lane, North Andover 1'
At the May 9,2012 public hearing,the North Andover Conservation Commission (NACC) voted to issue
a Negative Determination of Applicability for the construction of a 16'x 44' deck with associated stairs l
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within the buffer zone to Bordering Vegetated Wetland (BVW).The new deck is 50.7-feet from BVW at
its closest point. Planted arborvitae shall be removed from the 25-foot No-Disturb Zone (NDZ) and may
be transplanted outside the NDZ. A permanent barrier at the 25-foot NDZ is required.
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Applicant: C. Stephen Cook 1
PO Box 357
Raynham Ctr.,MA 02768
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Owner: Corinne Dockray i
134 Coachman's Lane
North Andover,MA01845
Record Documents: Request for Determination of Applicability and Associated Maps and Plans
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Submitted: September 10,2010
Amended: May 9, 2012
Plan Titled: Wetland Delineation Plan i
North Andover,Massachusetts
Date:April 17, 2012
SPECIAL CONDITIONS:
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• Prior to the start of construction,the applicant shall provide the Conservation Department with a
detailed plan of the proposed permanent barrier (location and materials) to be placed at the 25-foot
No-Disturb Zone,up-gradient of the existing wetland line.The proposed permanent barrier shall be
approved by the Conservation Department prior to installation.
+ Wetland markers shall be spaced evenly every 25-feet on the permanent barrier. Markers shall
incorporate the following text: "Protected Wetland Resource Area" and the associated rules (3 round a;
for every 1 square). This will designate the sensitivity of the area and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers
and all persons taking over the property from the applicant. These markers shall remain posted and be
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.cam/Pages/NAndoverMrl Conservationfindea
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replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2
round/$3 square).
During Construction
Excess material and construction debris shall be properly disposed of off site and stockpiled material
shall be stored within the erosion controls.
Post Construction
+ Immediately following completion of the work, any disturbed areas shall be permanently stabilized '
against erosion (loam and seed or other stabilization as approved by Conservation Department).
+ Upon completion of all requirements, the Conservation Department shall be contacted to conduct a
final site inspection.
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1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://wwwtownofnorthandover.com/Pages/NAndoverMA_Conservation/index
iikMassachusetts Department of Environmental Protection
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Bureau of Resource Protection -Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
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Important:
When filling out From:
forms on the North Andover t
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Corinne Dockray
return key. Name Name
134 Coachman' s Lane
Vtrto Mailing Address Mailing Address
North Andover MA 01845
,=4Ks.
City/Town State Zip Code City/Town State Zip Code
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1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Wetland Delineation Plan April 17, 2012
Title Date
Title Date i;
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Title Date
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2. Date Request Filed:
September 10, 2010 refiled April 27, 2012
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B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
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Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Construction of deck with attached stairs within the Buffer Zone to Bordering Vegetated Wetland. I
Removal of planted arborvitae and placement of a permanent barrier at the 25-foot No-Disturbance Zone.
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Project Location:
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134 Coachman's Lane North Andover
Street Address City/Town
Map 64 Parcel 66
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5 gg
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----ii Massachusetts Department of Environmental Protection
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Bureau of Resource Protection -Wetlands i
WPA Form 2 — Determination of Applicability
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Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Determination (cont.) I
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination x
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of m
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of i.
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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 protection 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 t
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binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding I
such boundaries for as long as this Determination is valid.
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❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
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regardless of whether such boundaries are contained on the plans attached to this Determination or i.
to the Request for Determination.
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❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent. ,.
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❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). l'`'
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review t!
and approval by: l;
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Name of Municipality °
Pursuant to the following municipal wetland ordinance or bylaw:
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Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 - Determination of Applicability
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Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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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:
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❑ 7. If a Notice of Intent is 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)c. for more )`
information about the scope of alternatives requirements):
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❑ Alternatives limited to the lot on which the project is located.
❑ 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.
❑ 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.
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❑ 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 g
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.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
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❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a l
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 protection 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 conditions I'
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❑ 4. The work described in the Request is not within an Area subject to protection 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 protection under the Act.
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wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 of 5
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LMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1
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B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection 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: (`
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Exempt Activity(site applicable statuatory/regulatory provisions)
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LI 6. The area and/or work described in the Request is not subject to review and approval by:
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Name of Municipality
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Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178 lit!
Name Ordinance or Bylaw Citation
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C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on lEr by certified mail, return receipt requested on
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Date Date t.
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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, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see http://www.mass.gov/deD/about/region.findyour.htm) and the
property owner(if different from the applicant).
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Signatures: / (
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4/0//61
Date
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5
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LMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
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WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 http://www.mass.gov/dep/about/region.findyour.htm)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 of Environmental Protection has
no appellate jurisdiction.
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wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 5 of 5
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LiMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
W hen filling 1. Person or party making request(if appropriate, name the citizen group's representative):
):
forms on the
computer,use Name
only the tab
key to move
your cursor Mailing Address t
do not use the
return key. City/Town State Zip Code
_rab
` Phone Number Fax Number(if applicable)
Project Location
retin
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation gg
(Form 4A); or Request for Determination of Applicability(Form 1)): E°
Name 1
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable) )';
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3. DEP File Number:
B. Instructions
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1. When the Departmental action request is for(check one): t'
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
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Department of Environmental Protection
Box 4062 k
Boston, MA 02211
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wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2
Massachusetts Department of Enviro nmental Pro Cion
Bureau of Resource Protection - Wetlands I
Request for Departmental Action Fee Transmiftal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (c on.
2. Onasprlae sheet attached to this form, state dery| and concisely the o%e[o� nsto the [
Determination or Order which is being appealed. To thee tent that the Determination or Order is
based on amunbplb b7 and not on the Mas s c us|s! Wetlands Pm @cilo Ado regulations,
the Dep artment has no app ellate jurisdiction.
3. Send a copy of this form and a copy o the check or mop order with the Request for a Superseding
Deter hailonorOde by certified mail or handdelivery to heappropriate DEP Regional Office(se
h //www.ma s go aep ab u e onfZin yourht) [
4. Ac p of the request shall at the sa me time be sent by c¢fiedmailor handd leery to the [
Conservation Commisio and to heapplicant, ifhe/sheis not heappellant. {
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