HomeMy WebLinkAboutMiscellaneous - 52 NORTH CROSS ROAD CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
52 North Cross Road, North Andover
At the May 13,2015 public hearing,the North Andover Conservation Commission (NACC)voted to issue
a Negative Determination of Applicability to construct a deck and screen house within existing lawn
within Riverfrom Area and the 100-foot Buffer Zone to Bordering Vegetated Wetland (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: Kenneth Martin
52 North Cross Road
North Andover,MA 01845
Record Documents: Request for Determination of Applicability Forth 1 and supporting
materials,received:April 24,2015
Record Plan: 52 North Cross Road Plot Plan of Land
Prepared by Sullivan Engineering Group,LLC
Date: February 12,2015
Stamped by:John Sullivan III,P.E.
Proposed Screened Porch Addition to Martin Residence (2 sheets)
Prepared by: Ronald Henri Albert
69 Island Road
Lunenburg,MA 01462
Date:4-27-15
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 areas and the]'amts of the proposed work.
1600 Osgood SueeS Suite 2035,North Andover,Massachusetts 01845
Ph.. 978.688.9530 Pari 979.688.9542
Web:http://v ..tovmofmorthandovercom/Pages/NAndo MA_Conservati./index
2. Prior to the start of construction,the contractor will install trenched siltation fencing and haybales as
shown on the herein referenced plan (or other erosion controls as approved by the Conservation
Department).
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 ternoved.
1600 OWM Street,Sww 2035,North Andover Massachoatrs 01845
Phone 978.688.9530 F. 978.688.9542
WeU hnp://wwm.tav ofnotihandoveccom/Pages/NAndov MA_Coosetvation/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 Canmission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Kenneth Martin
return key. Name Name
52 North Cross Road
VQ Mailing Address Mailing Address
North Andover MA 01845
Cky/rown Slate Zip Code CityRown State Zip Code
aw
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Plot Plan of Land February 12 2015
Title Data
Proposed Screened Porch Addition to Martin Residence(2 sheets) 4-27-15
Tille Date
ntle 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 screen porch within the Buffer Zone to Bordering Vegetated Welland and
Riverfront Area.
Project Location:
52 North Cross Road North Andover
Street Address Cityrro"
Map 38 Parcel 184
Assessors Map/Plat Number Parcel/Lot Number
Welcnn'A—DelmmlnAw&Apor fty-rev.iv14 Pea•1a5
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
confined 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 documents)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
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Bur of RMassachusetts 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 fled 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):
❑ 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.
❑ Altematives 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).
❑ 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.
xpab, dw o e,mmnum dApp—b1h •rev.iota
ve®.ams
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 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 In ent isiequir d:
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E mpt Activitynn(sit��e app/ ble tuaSt`oryn/ ulatoryp ions)
t�y` 1 i bYt� (,� C .
❑ 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:
❑ by hand delivery on d by certified mail, return receipt requested on
/'//Is—
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
htt :/lw .mass. ov/eea/a encies/massde /abouVcontacts/find-the-massde -re ional-office-for- our-
cityor-town.htmll and the property owner(if different from the applicant).
Sig natur�
Date
`ryslo,m3.,bc.oeW ina MPryYIcWty•rev.iv14 F.PSas
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 htto:ltw .mass.aov/eealagencies/massdeptabouVoontectsifind-the-
massdeo-regional-offce-for-vour�itv-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.
p .dm- •rev.1014 Pepes Ws
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.Cdyfrmn,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 CdyRown State Zip Cade
not use the
return key. Phone Number Fax Number(if applicable)
Ill 3. Applicant(as shown on Determination of Applicability(Forth 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions(Form 5A), or Notice of
FANon-Significance(Form 6)):
Name
Mailing Address
cityrrovm state Zip Code
Phone Number Fax Number(if 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 Provided by 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 http7/A w .mass.aov/eea/agencies/massdep/abouttcontact .
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.
wpero,m3.hc•"vestW 13 eN aMel Action Fn TrenmMal Fm -m.ID15 Py M2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands 4p�Q�� L DE ,File Number.
WPA Form 8B — Certificate of Compliance 242-273
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important
When filling out 1. This Certificate of Compliance is issued to:
Pones on the
computer,use Kenneth J. Martin
only the tab key Name
to move your 52 North Cross Road(Lot 2)
cursor-do not
use the return Mailing Address
key.
`'��n� North Andover MA 01845
IC I Cilyrroam State Zip Code
�' This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
ECS, Inc.
"^ Name
August 23, 1985 242-273
Dated DEP File Number
3. The project site is located at:
52 North Cross Road(Lot 2) North Andover
Street Address City/rmn
Map 38 Parcel 184
Assessors Map/Plat Number ParceYLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(gdifterenp
Essex Northern 2059 332
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/16/14
Date
wpaRm9bdm-r-5/39114 VRA Fmm 8e,Cerffi te&Compl--Pale I d3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands pA,t,"fL DEP File rnber:
WPA Form 8B — Certificate of Compliance joGU
242-273
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prided by DEP
B. Certification
Check all that apply:
❑ Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
® Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
PCOC for 52 North Cross Road (Lot 2) only.
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
C. Authorization
Issued by:
North Andover
Conservation Commission Dal of is ance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regio Office (See
hftp://wvnv.mass.gov/eealagenCi assdeabout/co actrAnd-t ssde
recionaloffice-for-vour-city or-town.hbnl).
Signatures:
i
It
�errmee aa.mr.srzvrn wvn Foy ss,cemn�a m comvoa�w.rasa�or 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands iiDEP File Number:
WPA Form 8B — Certificate of Compliance GGOG
242-273
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
YProvided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on doffed line and submit to the Conservation Commission.
To: .- ----- -----------------------------.-----
.-------------
_-------------
North
__._.---.-.-North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
52 North Cross Road (Lot 2) 242-273
Protect Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Norther
County
for.
Kenneth & Deana Martin
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
.rd-aL.-rev.512&14 WAFwm BB,Cerfiu &Cmplia,ce•Poae Sofa