HomeMy WebLinkAboutMiscellaneous - 48 HUCKLEBERRY LANE CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
48 Huckleberry Lane,North Andover
At the May 13,2015 public hearing,the North Andover Conservation Commission (NACC)voted to issue
a Negative Determination of Applicability to rebuild a deck and stairs on new sono-tube footings. In
addition,a paver patio will be constructed underneath the deck.All work is within the 100-foot Buffer
Zone to Bordering Vegetated Wedand (BV W).The proposed work is more than 50 feet from the edge of
the BV W.All disturbed areas will be loamed and seeded upon completion of the project The project will
conform to the following:
Applicant/Homeowners: Nag=ja&Sheba Donti
48 Huckleberry Lane
North Andover,MA 01845
Representative: Peter Marlowe
Marlowe Building&Design Inc.
258 W.Manchester Street
Lowell,MA 01852
Record Documents: Request for Determination of Applicability From I and supporting
materials,received:April 24,2015
Conservation As-Built Plan,with sketch of new deck and stairs.
Plan previously prepared by Atlantic Engineering&Survey Consultants,
Inc.
Date: December 18, 1998;Revised: 1/5/99
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
Determination and is aware of the wetland resource area and the limits of the proposed work.
1600 Osgood Street.Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Far 978.688.9542
Web:hup://w .to ofiorthvtdover. /Pages/NAndoverMA_Conservation/index
2. Prior to the start of construction,the contractor will install a minimum 12"silt sock(natural fiber,no
plastic netting)between the work and the wetland area.The erosion control will be within the
maintained lawn area parallel to the fence.
3. Once erosion controls are installed, the contractor will contact the Conservation Department to
schedule a preconstruction meeting to inspect the installed erosion controls.
4. Accepted engineering and construction standards and procedures shall be followed in the completion
of the project.
5. Excavated soils shall be properly disposed of offsite and shall not be stockpiled within 50'of the
resource area.
6. Once construction is completed,all disturbed areas will be loamed and seeded.
7. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved,erosion controls
can be removed.
1600 Osgood Street,Suite 2035,North Andover,Massschasens 01845
Phone 978.688.9530 Fax 978.688.9542
Web.http,.//w tow ofnorthmdowr.c /Pages/NAndoverMA_Conservatim/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:
forms on the North Andover
computer,use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Nagaraia & Shoba Donti
return key. Name Name
48 Huckleberry Lane
w Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Cotle CiryAown State Zip—Code
FA 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Conservation As-Built Plan (with hand drawn proposed deck)-original plan received: 4/25/15
date is December 18, 1998, revision date 1/5199 Date
Title Data
True Date
2. Date Request Filed:
April 24, 2015
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 deck and stairs within the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
48 Huckleberry Lane North Andover
Street Address city/rown
Map 65 Parcel 210
Assessors Map/Plat Number Parcel/Lot Number
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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.)
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 plan(s) 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 document(s) is subject to review
and approval by:
Name of Munidpalky
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
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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.)
❑ 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 Riverhont 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 owners 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
❑ 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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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 Conservation Commission Chapter 178
Name Ordinance or Bylaw citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
NI by hand delivery on ❑ by certified mail, return receipt requested on
5
Date 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
hftp://www mass uov/eea/agencies/massdei)/abouVwntacts/f*tnd-the-massdeo regional office for your
cityor-town.htmll and the property owner(if different from the applicant).
Signatures: y� A
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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
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/eeatagencies/massdep/about/contects/find-the-
massdeo-regional-office-for-vourcity-or-town htmll 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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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.Cityrroam,Zip
C.Check number d.Fee amount
Important: 2 Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityfrmn State Zip Code
not use the
return key. Phone Number Pax Number(if applicable)
VQ 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation
PA (Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions(Form 5A), or Notice of
Non-Significance(Form 6)):
Name
Mailing Address
Cityrro. State Zip Code
Phone Number Fax Number(k applicable)
4. DEP File Number.
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other
projects)
❑ Superseding Determination of Applicability—Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts,to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form -Wd dby DEP
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 hfti)�/Awww.mass.gov/eea/agencies/massdep/about/contact .
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.
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