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Home My WebLink AboutMiscellaneous - 393 FOREST STREET nY p0 RTh .N F P Y ro i ♦ i 1 ♦�ssrHasa< CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 393 Forest Street, North Andover At the August 10,2011 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for the removal and in-kind replacement of an existing deck within the buffer zone to Bordering Vegetated Wedand(BV W). The distance from the BV W to the deck was determined by the Conservation Department staff to be 29'. The existing deck is 7'by 7'and the proposed deck is 7'by T,plus stairs. Applicant: Carol C. Kolhas 393 Forest Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability and Associated Maps and Plans Submitted July 29,2011 Plan: Sketch drawn by applicant,titled"393 Forest Street" SPECIAL CONDITIONS: v Prior to the resumption of work,the applicant shall provide the Conservation Department with a detail of the proposed permanent barrier and wetland markers to be placed a minimum of 5 feet up- gradient of the existing wetland in the approximate area of the existing horseshoe pit. The approximate location is shown by the dotted yellow line in the photo below. The location of the barrier and markers is to be agreed upon by the Conservation Administrator. Wetland markers shall be spaced evenly every 25-feet on the permanent barrier. Dwing Construction 41 Any changes to the proposed deck and/or footings due to building code or other reasons shall be brought to the attention of the Conservation Department prior to the implementation of such changes. ? Excess material and construction debris shall be properly disposed of off site and stockpiled material shall be stored within the erosion controls. 1600 Osgood Street Building 20,Suite 2-36,North Andover,Massachusetts 01845 Ph.. 978.688.9530 Far 978.688.9542 Web:http://w tow ofiorth=dover.c /Pages/NAndowrMA_Conservadon/index 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. l r Approximate location of pexmenant barrier and wetland markers. 1600 Osgood Street,Building 20,Suite 2-36,North Andowt,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://w .tow ofiorrhmdov r.com/Pages/NAndo eviA_Consemation/index Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: fors on the North Andover computer, use Conservation commission only the tab key to move To: Applicant Property Owner(if different from applicant): yourcursor - do not use the Carol C. Kollias return key. Name Name 393 Forest Street Mailing Address Mailing Address strth o NAndover 01845 C North n State Zip Coda City/rovm Slate Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Sketched Plan July 29 2011 Tire Date TAa oa s Tale Date 2. Date Request Filed: 7/29/2011 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): Repair/construction of deck within the Buffer Zone to Bordering Vegetated Wetland Project Location: 393 Forest Street North Andover street Address City/rmn Map 106 Parcel 138 Assessors Map/Plat Number ParcellLot Number xnerwm].doc•oaremdmtienaMgiuuiiry•m.1a FA1&5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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)or Order of 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 plants)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the fling 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 resource areas 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 protection under the Act and will remove, fill,dredge, or alter that area.Therefore, said work requires the fling 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 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). ❑ 5.The area and/or work described on referenced plan(s)and documents) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name ordinance or Bylaw Citation w &am2.doc-n m,ingm d fpgirabiliry-w 16KVDf Ppe4d5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: ❑ 7. If a Notice of Intent is filed for the work in the River(ront 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): ❑ 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. ❑ 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 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. ❑ 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 fling 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 protection under the Act.Therefore, said work does not require the fling of a Notice of Intent, subject to the following conditions(if any). See attached conditions ❑ 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 fling of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wabrm doc.oererm,re onanppliabil4-rev.1 re Pepe3a5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: Exempt Activity,(site applicable statuatory/regulatory provislons) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on rlaa/)l Date Date I 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 htto://www.mass.cov/deo/about/reaion.fndvour.htm)and the property owner(if different from the applicant). Si atur r f1�a 3� 11 Dete xyerorm3.eee.adsm1ro d Mq'iaenM•rev.1a N,4d5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 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 hftp://www.mass.cov/dep/about/region.findvour.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. wperarmz.me•oeiarmmeu�orapp�l.etiub•,a..+oreroa rape s as Massachusetts 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: When filling out 1. Person or party making request(N appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. Ckyrrmn State Zp Code Phone Number Fax Number(d applicable) Project Location am Mailing Address C t roam state Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Forth 1)): Name Mailing Address chtyfroem state zip code Phone Number Fax Number(If applicable) 3. DEP File Number. B. Instructions 1. When the Departmental action request is for(check one): ❑ 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 CommorweaM of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 xpYvm2Eoc•Re}.,W M DpxOn Rym FwRmuNIW Fa -Mv 10 Pq 102 Massachusetts De Bureau of Resourcepprornen t Environ mental Protection Request for D Wetlands Massachusetts Wettapa PmenoaAAction Fee Transmittal Form B. Instructions Act M.G,L. c. 131, §40 (cont.) 2. On a separate sheet attached Determination or Order to this form based o Which is °°• state clearly and the Department n a municipal bylaw, being appealed. To the concisely the ob' has no and not on the extent that the D lechons to the appellate jurisdiction.Mas achusetts Wetlands Prete immation or 3. Send a cocoon Act or re Order is Detennination PY of this form regulations der with the R Ap�vma sr ovda boullre iioNfintlhand ourh ery t0 hecopy Of the check or money raPPropriate peques[fora Superseding 4' PY of the re EP Regional Conservationquest shall at 9 al Office(see Commission and to the a time be sent by certified he a N to the applicant, if he/she is mail or hand delive appellant. Massachusetts 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 Be Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see htti)�/twww.mass.gov/dep/about(mqion/findvour.htm . 4. 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. Y.yNw1n].Urc•Rep D�lg F-TmmmNtl F..-.v 1QRAtf Pape 2 alt