HomeMy WebLinkAboutMiscellaneous - 18 INGLEWOOD STREET 4/30/2018 (2)r�
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
18 Inglewood Street, North Andover
At the October 13, 2010 public hearing, the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for the removal of an existing inground
swimming pool and backfilling of the hole with clean fill. This work will be conducted in the Buffer
Zone to Bordering Vegetated Wedand (BVW) located off property to the northeast. The closest
point of work to the BVW' is more than 75 feet. The stone patio around the pool may also be
removed if necessary. Erosion control is not proposed but may be required if patio is removed.
Applicant: Grace Mistretta
18 Inglewood Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability and aerial photos with
narrative
Date: 10/1/10
Record Plans: Aerial Photo, 18 Inglewood Street, "Fill in Pool'
Dated: 10/1/10
Town of North Andover MIMAP Aerial Photo
18 Inglewood — showing BVW and Stockpile Area
Date: 10/1/10
Pre -Construction
❖ The applicant shall notify the Conservation Department at the start of work.
During_ Construction
❖ Excess material and construction debris shall be properly disposed of off site and stockpiled
material shall be stored on tarps and covered when not in use as described and depicted in the
approved documents referenced above.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townof lordiandover-com/Pages/NAndoverMA—Conservation/index
Post Construction
❖ Immediately following completion of the work, any disturbed areas shall be permanently
stabilized against erosion (loam and seed or by other means approved by the Conservation
Department if outside the growing season).
❖ Upon completion of all requirements, the Conservation Department shall be contacted to
conduct a final site inspection.
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
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Grace Mistretta
1
Name
18 Inglewood Street
Mailing Address
North Andover MA 01845
City/Town
Property Owner (if different from applicant):
Name
Mailing Address
State Zip Code City/Town
J RI IC 4.1p I,UUC
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Aerial Photo "18 Inglewood Sty - Fill in Pool' 10/1/10
Title Date
Aerial Photo Town of North Andover MIMAP 10/1/10
Title Date
Title Date
2. Date Request Filed:
10/1/10
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):
Removal of pool and back filling within the Buffer Zone to Bordering Vegetated Wetland.
Project Location:
18 Inglewood Street
Street Address
Mao 11
Assessors Map/Plat Number
North Andover
CitylTown
Parcel 18
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5
Massachusetts Department of Environmental Protection
ILIBureau 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 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.
❑ 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 pian(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
ordinance or Bylaw Citation
Name
Page 2 of 5
wpaform2.doc • Determination of Applicability • rev. 1016104
LIMassachusetts 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 pian(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 Actor 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.
wpaformIcloc • Determination of Applicability • rev. 10/6/04 Page 3 of 5
Massachusetts Department of Wetiron ental Protection
Bureau of Resource Protection
WPA Form 2 — Determination of Applic�ability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §0
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under following exemption, Aas ct. Since te specified the work and
described therein meets the requirements for
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. Chapter 178
North Andover Wetlands Protection Bylaw ordinance or Bylaw citation
Name
C. Authorization
This Determination is issued to the applicant and delivered as follo\�s:
recei t requested on
❑ by hand delivery on
EJby certified mall, return p
Date
Date
excet
erminations for
This Determination is valid for three aars from the e valid for thete of issuance durationof the (Plan)pT�ist
Vegetation Management Plans whichDetermination 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 mh{{ ri�Y mass.Consov/delo/about/re-gio Commission. dcopr.htm) and the
must be t to
the appropriate DEP Regional Office (see
property owner (if different from the applicant).
Signat res: J
/0 /ia PO
Date
wpaform2.doc • DeterminaUon of Applicability • rev. 10/6/04
page 4 of 5
Massachusetts Department of Environmental Protection
LIBureau 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
own in which suc
upon which the proposed work is to be done, or any ten re e Departmentof the city ortof Envi onmentalh land is
located, are hereby notified of their right to request the appropriate
Protection Regional Office (see http://www mass cloy/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 ithere truest 0.03l(at within
the t e time be sent by
usiness days
from the date of issuance of this Determination. A copy q
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.
Page 5 of 5
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Massachusetts Department
f Envi Wetlands
ental Protection
13 Bureau of Resource Protection
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
O
MOON,
Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
State Zip Code
CitylTown
Phone Number
Project Location
Fax —Number (if applicable)
Mailing Address
State Zip Code
City/Town
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
Cityrrown
Phone Number
3. DEP File Number:
B. Instructions
State
Fax Number (if applicable)
Zip Code
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
Page 1 of 2
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 1016104
Massachusetts Department of Environmental Protection
ILIBureau 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.gov/dep/about/region/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.
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2