HomeMy WebLinkAboutNegative Determination of Applicabilty - Permits - 234 BRENTWOOD CIRCLE 11/28/2018 CONSERVATION DEPARTMENT
Cotninunity Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDI'7:'TONS
234 Brentwood. Circle, North.Andover
At the November 28, 2018 public hearing, tie North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for work proposed at 234 Brentwood Circle. The work includes removal of
an existing pool liner,wooden pool structures, perimeter concrete blocks and accessories. Removal of one dogwood
tree for vehicle access. Filling of pool with clean fill,loam and hydro seed. Portions of work are within the 50-foot
No-Build to a wetland resource area and the 100-foot buffer to a Venial pool. The project will conform to the
following:
Applicants/Owners: Will Ilannum and.Sara Schwartz
234 Brentwood Circle
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Forth 1 and supporting materials,
submitted: November 14, 2018
Including.: Satellite Image of Property, Figures 1-4,Abutter List, and copy of filing
fee check
Prepared by: Carol Robertson
Record Plan: Title: As-Built Plan of Land: 234 Brentwood Circle
Prepared by: Merrimack.Engineering Services
Date: 1.2/2/1999
SPECIAL CONDI'l."IONS:
1. Prior to the start of work 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.
2. Erosion controls (bark mulch or compost filter sock, minimum 12") shall be installed as depicted on the herin-
re£erenced plan. Sock will be extended the length of the back pool fence. No work.or stockpiling of materials
shall occur outside of the installed erosion controls.
3. Once the erosion controls are in place and prior to the start of work, the applicant shall arrange a
preconstruction meeting at the site with the contractor., the homeowner and the Conservation Department.
4. Under this determination, no grading or planting within the buffer zone has been approved by the Conservation
Commission. The applicant will need to file separately for these activities. t
5. Upon completion of the approved project and site stabilization, please contact the Conservation Department J
for a final inspection to ensure that the lawn area has been stabilized and erosion controls can be.removed.
120 fain Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.tiorthatidover.gov
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Massachusetts Department of Environmental Protection
BU[8BU of Resource Protection - WetlaDdS
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 131. §40
A. General Information
Important:
When filling out Fmm��
forms onthe Town of North Andover
computer, use
Conservation commission
only the tab
key h`move To: Applicant Property Owner(if different from applicant):
Your cursor'
do not use the Will Hannumend �araSchvvm��
return key. Nam, Name
234 Brentwood Circle
Mailing Address Mailing Address
Q North Andover MA U1845
Q1� State� �-- City/Town Gk*u Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
As-Built Plan of Land: 234 Brentwood Circle
i 12�y1QS8
Dmha
Title
Date
TiUp
2. Date Request Filed:
11/14/2018
B. Determination
Pursuant to the authority ofM.Sl. c. 131, 40. the Conservation Commission considered your
Request for Determination ofApp|ivabi|dv. vvithihsawpoodngdVoumentation. andmodaUhmhd|ovvmQ
DeteuninoUnn.
Project Description (if app|ioob|e):
Existing Pool Removal; Excavation and Filling: Fall 2OY8 Work tobe performed byVVi|dvvood
Excavation: Includes Digmafe; electrician to disconnect pump, removal and replacement offence panel
right side of house for machine access, removal of Dogwood tree right side of house will allow access;
removal of pool liner and wooden structure, disposal of pool Unar, pump filter; Removal of concrete blocks
around the poo|, hauling and disposal of blocks; delivery and placement ofapprox. 160 yds. clean fill in
pool, installation of 6" top-dress loam a grading inside pool fence, loam and hrdo-seed to be installed on
all disturbed areas. Excavation equipment to be brought in on south aide, between porch and wood shed,
and allhauling to follow same path.
Project Location:
� 234 Brentwood Circle North Andover
| Street Address City/Town
64 52
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4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
ILI
PA Form 2 -- Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cunt.)
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).
El 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.
bordering ve�c etated wetland,ephemeraI pool
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
4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WP'A Form) 2 -- Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cunt.)
❑ 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).
Erosion control (bark mulch or compost silt sock) to be installed as indicated on herin referenced
plan and extended the length of the back pool fence. Pre construction inspection and post
construction inspection when all soils have been stabilized. No grading or planting is approved
with this determination. �....._—_......._.�_.
❑ 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.
wpeform1doc•Determination of Applicability•rev.12114 Page 3 of 5
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WP'A Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
I
B. Determination (coat.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the fallowing 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.
Town of North Andover Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization -__—
j This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
70 1k 0340 0000 3043 808
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 http://www.mass.Aov/eealagencies/massde�t/contacts/)
and the property owner(if different from the applicant),
Signatures:
Date
wpaform2.doc•Determination of Applicability•rev.12114 Page 4 of 5
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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
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:/ vww.mass.gov/eea/agencies/massdep/abou!Lcontacts/) 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 CIVIR 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.12114 Page 5 of 5
�
Massachusetts Department of Environmental Protection oEp File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee
Provided by DEP
Transmittal U Q�
" ��i8����������o Form
Massachusetts Wetlands Protection /\Cf M.G.L. C. 131. &40
A. Request Information
1. Location VfP 'ect
a.Street Address b, City/Town,Zip
Important: making request appropriate, name group's representative):
' 2 Person or m� ng rgques ` apprnpr e' na �
When filling
� '
out forms on
the computer, Nomm
use only the
tab key to Mailing Address
move your
cureor-du ity4own --�----���� Gtm0y Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3� Applicant(as shown un Determination of Applicability (Form 2). [)rderof Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 0\): �
Name
City/Town State Zip Code
4, DEP File Number:
B. Instructions
1. When the Departmental action request ia for(check one):
171 Superseding Order of Conditions— Fee: $12O.0U(single family house projects) or$245(aUother
| projects)
� �� Superseding Determination of Applicability—Fee: $120
� ��
! n Superseding order nf Resource Area Delineation— Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
8mx4O82
Boston, PNAO2211
°vam,m2.uoc'Request for Departmental Action Fee Transmittal Form'rev.12/14 Pagel we
ILIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
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,
I 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
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.12/14 Page 2 of 2