HomeMy WebLinkAboutMiscellaneous - 42 HIGH WOOD WAY f SORTH
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
42 Highwood Way, North Andover
At the December 3, 2009 public hearing, the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for the construction of a sunroom on an
existing deck with the installation of new sonotube footings. This work will be conducted in the
Buffer Zone to Bordering Vegetated Wetland (BVW). The closest point of work to the BVW is
approximately 47-feet. Footings will be hand dug. In addition, the applicant will be required to move
an existing shed outside of the 25-foot No-Disturb Zone and restore wetland resource area,
formerly maintained as lawn,with native plantings.
Applicant: John&Frances Klashka
42 Highwood Way
North Andover, MA 01845
Representative: The Neve-Morin Group, Inc.
Topsfield,MA 01983
Record Documents: Request for Determination of Applicability and Narrative
Dated: November 20,2009
Record Plans: Plan of Land in North Andover, Mass. Showing Proposed
Addition
Dated: November 19,2009
Pre-Construction
❖ The work authorized hereunder shall be completed by July 31, 2010.
❖ The applicant shall move the existing shed to a location outside the 25-foot No-Disturb Zone.
• All brush and debris shall be removed from the resource area and 25-foot No-Disturb Zone.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
• The applicant shall install 6 wetland markers. The location of wetland markers shall correspond
with the 25-foot No-Disturb line in portions of the lot not previously disturbed and shall be
approved by the Conservation Department in the field.At least one marker shall be mounted on
a post up-gradient of the restoration area in the vicinity of WF 107.
• Prior to the start of construction,the applicant shall contact the Conservation Department to
schedule a preconstruction meeting with the applicant and the contractor.
During Construction
❖ Excess material and construction debris shall be properly disposed of off site and stockpiled
material shall be stored within the erosion controls.
• The wetland restoration area shall be planted in accordance with the "Proposed Wetland
Enhancement Area"plan and species list prior to June 30,2010.All plants shall be monitored
for one full year (by the applicant/representative) to ensure success of the mitigation.A brief
report and photographs shall be submitted to the Conservation Department upon completion of
the planting and again prior to June 30,2011.At least 75-%a of the surface area of the restoration
area must be established with native wetland plant species to be considered a success.
Post Construction
❖ Immediately following completion of the work,any disturbed areas shall be permanently
stabilized against erosion. If weather conditions do not permit the establishment of vegetative
cover through seeding,jute matting or other stabilization material shall be used
it
• Once the site is adequately stabilized,the applicant shall submit a plan depicting the as-built
condition of the property including the location of wetland markers.
❖ Upon completion of all requirements,the Conservation Department shall be contacted to
conduct a final site inspection.
j.:
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/NA ndoverMA_Conservation/index
S
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
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner
your cursor- p y (if different from applicant):
do not use the John & Frances Klashka
return key. Name
Name
c/o The Neve-Morin Group, Inc.
4°6 Mailing Address Mailing Address
Topsfield MA 01983
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Plan of Land showing proposed addition 11/19/2009
Title
Date
Title Date x
Title Date
2. Date Request Filed:
11/20/2009
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):
Construction of a sunroom on the existing deck within the Buffer Zone to Bordering Vegetated
Wetland. The removal of existing shed from the 25-foot No-Disturbance Zone in accordance with
the Town of North Andover Wetland Protection Bylaw, and restoration of the Bordering Vegetated
Wetland formerly maintained as lawn.
i
Project Location:
42 Highwood Way North Andover
Street Address City/Town
Map 103 Parcel 85
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 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.)
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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 `F
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
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.
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❑ 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 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 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 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•Determination of Applicability•rev.10/6/04
Page 2 of 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.)
❑ 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 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):
El 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 filing 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 filing 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 filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 of 5
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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 provisions)
❑ 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 TA'by certified mail, return receipt requested on
Date l61 f/ e)
Date
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/dep/about/region.findyour.htm)and the
property owner(if different from the applicant).
Signatures:
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'.1.1 IMO. .,•*
SPA, 111 c V&_ ,
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Date
wpafonn2.doc•Determination of Applicability•rev.1016/04
Page 4 of 5
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Massachusetts 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
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 htto://www.mass.Qov/dep/about/region.findyour.htm)to issue a
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uperseding 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. 5`
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wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 5 of 5
kiassachusetts 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(if 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. City/Town
State Zip Code
46_1 Phone Number
Fax Number(if applicable)
Project Location
nun
Mailing Address
City/Town 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(Form 1)):
Name
Mailing Address t'
City/Town 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 Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•fey.10/6/04
Page 1 of 2
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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
B. 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
http://www.mass.qov/dep/about/region/fi ndyour.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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04
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