HomeMy WebLinkAboutMiscellaneous - 21 JETWOOD STREET 4/30/2018 (2)CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
21 Jetwood Street, North Andover
At the July 8, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for minor grading and installation of an above -ground pool with a
cartridge style filter system within the Buffer Zone to Bordering Vegetated Wedand (BVW). All proposed
work is outside of the 25' No -Disturbance Zone and 50' No -Build zone. All disturbed areas will be loamed
and seeded upon completion of the project. The project will conform to the following:
Applicant/Homeowner: Paulo Reis
21 Jetwood Street
North Andover, NIA 01845
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, received: June 26, 2015
North Andover MIMAP Aerial Photo Tided: 21 Jetwood Street with hand
sketch including wetland delineation
Dated: June 26, 2015
SPECIAL CONDITIONS:
1. The contractor/homeowner will contact the Conservation Department to schedule a preconstruction
meeting to approve the proposed pool location.
2. Excavated or extra soils shall be properly disposed of either off-site or more than 100' from the
wetland resource area on-site.
3. A non-backwashing, cartridge style filter will be installed for the pool. Draining of pool water is not
permitted directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wedand Bylaw (including catch basins).
1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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4. The applicant shall permanently mark the 25 -foot No -Disturbance Zone/edge of existing lawn with
signs spaced every 30 feet on trees incorporating the following text: "Protected Wetland Resource
Area" and the associated rules (3 rounds for every 1 square). Marker locations will be field determined
by the Conservation Department. Markers are available from the Conservation Department ($2
round/$3 square).
5. Once construction is completed, all disturbed areas will be loamed and seeded.
6. 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, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
ILIMassachusetts 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
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A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Paulo Reis
Name
21 Jetwood Street
Mailing Address
North Andover MA 01845
City/Town State Zip Code
Property Owner (if different from applicant):
Name
Mailing Address
City/Town
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
North Andover MIMAP - 21 Jetwood Street June 26, 2015
Title Date
Title
Title
2. Date Request Filed:
June 26. 2015
B. Determination
Date
Date
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):
Installation of an above ground pool within the Buffer Zone to Bordering Vegetated Wetland
Project Location:
21 Jetwood Street
Street Address
Map 11
Assessors Map/Plat Number
North Andover
City/Town
Parcel 11
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 12/14 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 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. 12114 Page 2 of 5
ILIMassachusetts 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):
❑ 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).
❑ 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. 12/14 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
f WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
['O'r 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, oo N tice f 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:
North Andover
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
by hand delivery on
7LI61 is,
Date
Chapter 178
Ordinance or Bylaw Citation
® by certified mail, return receipt requested on
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/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.html) and the property owner (if different from the applicant).
Date
wpaform2.doc • Determination of Applicability • rev. 12/14 Page 4 of 5
ILIMassachusetts 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/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.htmi) 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.
wpaform2,doc • Determination of Applicability • rev. 12/14 Page 5 of 5
Important:
When filling
out forms on
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tab key to
move your
cursor - do
not use the
return key.
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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
1. Location of Project
a. Street Address
b. City/Town, Zip
DEP File Number:
Provided by DEP
c. Check number d. Fee amount
2. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
State
Fax Number (if applicable)
3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non -Significance (Form 6)):
Name
Mailing Address
City/Town
Phone Number
4. 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 —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
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/15 Page 1 of 2
ILIMassachusetts 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.)
DEP File Number:
Provided by DEP
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/eea/agencies/massdep/about/contacts/).
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. 12/15 Page 2 of 2