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HomeMy WebLinkAbout- Permits - 43 SCOTT CIRCLE 2/13/2019 I a CONSERVATION DEPARTMENT Community Development Division NEGA'I'IVE DETERMINATION OF APPLICABILITY SPECIAL CONDT'T TONS 43 Scott Circle, North Andover At the February 13, 2019 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for the after the fact approval of a driveway extension portions of which are within the 50-footNo-Build/No-Disturbance Zone to BVW/Potential.Ephemeral.Pool. Portions of the constructed driveway are required to be removed and regraded under a separate Enforcement Order (EO). Restoration of a 25-foot No-disturbance Zone with permanent monumentation with a 2' x 2' fieldstone wall (for the length of the restoration area) is required. The project will conform to the following: 1 Applicants/Owners: Mulualem Assefa l 43 Scott Circle North Andover, MA 01845 Representative: Sullivan Engineering Group, LLC Jack Sullivan, P.E. P.O. Box 2004 Woburn, MA 01888 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: January 28, 2019 Including: Project Summary from Sullivan Engineering Group, Application Checklist, Abutters Report, portion of USGS Map, and Notification to Abutters. Record Plan: Title: 43 Scott Circle Plot Plan of Land Prepared by: Sullivan Engineering Group, LLC Date: January 25, 2019 Stamped by: John D. Sullivan, 111, P.E. SPECIAL CONDITIONS: 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 (trenched and staked siltation fence) shall be installed as shown on the herein referenced plan. 120 Main Street,North Andover,Massachusetts 01845 1 Phone 978,688.9530 Fax 978.688.9542 Web: http://,,v<,v;.v.nort➢landovcr,goir 3. Once erosion controls are installed the applicant shall arrange for a preconstruction meeting with the site contractor to review the installed erosion controls and the schedule for the proposed work, 4. Wetland markers (available from the Conservation Department) shall be installed every 35 feet at the 25- foot No-Disturbance Zone as established under DEP File#242-542 (not the 50-foot No-Disturbance Zone that would apply to the Ephemeral Pool that is located just off-property). 5. The small stone wall at the toe of the slope to be regraded (see EO for this property) shall be extended to the end of the restoration area(up-gradient of flag 8A) and shall serve as the barrier to the new Buffer Zone restoration area/No-Disturbance Zone. 6. Upon completion of the site grading and wall construction,the project engineer shall provide certification that the work is in compliance the proposed plans,this Negative Determination and the ED.. 7. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. 120-Main Street,North Andover,Massachusetts 01845 Phone 978,688,9530 Fax 978.688.9542 Web:http://N"v-,v.nortli,,ii-idoVer.goNr 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act IUI.G1. c. 131, §40 A. General Information Important: f When fulling out From: forms on the Town of Forth Andover computer, use l —...._ ........._ .__ _ _. ._ ._ ........ computer, the tab Conservation Commission onlyI key to move To: applicant Property Owner(if different from applicant): your cursor- do not use the Mulualem Assefa return key. Name Name 43 Scott Circle Q _. _....._ ._.. ... Mailing Mailing Address 9 Address North Andover MA 01845 City/Town State Zip Code Cityfrown, State Zip Code i 1. Title and Date (or Devised Date if applicable) of Final Plans and Other Documents: 43 Scott Circle Plot Plan of Land Jan 25, 2019 Title Date Title Date Title Date 2. Date Request Filed: Januar 28, 2019 Ens 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): This project us an "after the fact"filing to stabilize a slope off the existing driveway which was j modified in the fail of 2018 by the addition of crushed stone. After meeting with the Commission to determine a potential suitable correction a decision was reached to file an RDA and stabilize the slope within the 50 buffer to the wetlands with a 3:1 slope and loam/seed. Additionally, some enhancement plantings are shown in the 25 foot wetland buffer. W1 etland markers to be set at 25 foot buffer line. I � d i f Project Location: 43 Scott Circle North Andover Street Address CityfTown 105 D 70.... ._ Assessors MaplPBat Numbeir Parcel/Lot Number wpaform2.rloc•©eterminatton of ApplicaUllly•rev.12114 Page 1 or 5 j 1 4 (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 (cunt.) 1 i The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: i 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. M 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. Bordering Vegetated Wetland anXd l=phemeral Pool Habitat ❑ 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, I ❑ 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 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: j Name Ordinance or Bylaw Citation wpaformUoo•DeterMnation of Applicability•rev,12114 Page 2 of 5 4 Massachusetts department of Environmental Protection Bureau of Resource Protection - Wetlands Ll WPA Form 2 — Determination of Applicability I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 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 d'ocument(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. i ❑ 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. I ❑ 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. i 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). Install staked and trenched siltation fence as shown on the herein referenced plan, pre- construction and post-construction inspections, extend wall length of restoration area along the 25 foot No-Disturbance Zone and mark 25-foot NDZ with wetland markers. Engineer to certify oompliancq at end of project. Se waddiitional work under Enforcement Order. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act j (including the Suffer 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. 1 wpaform2.doc•Determination of Applicability•rev.12114 Page 3 of 5 4 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.) F1 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 stativatory/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 _PjjapLer--178 mm Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: by hand delivery on by certified mail, return receipt requested on L�LIM. 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 Ihttp://www.mass.ciov/eea/aaencies/massdep/abouit/contacts/) and the property owner(if different from the applicant). Signatures: ---------------- Date Page 4 of 5 wpaform2,doc Determination of Appheabifity•rev.12114 4 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.govleea/agencies/massdep/about/"ontacts/) 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. wpaformldoc Determination of Applicability rev.12114 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fille 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.City/Town,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 use only the tab key to Mailing Address move your cursor-do Cityl-rown State Zip Code not use the return key. Phone Number 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 64-yfTown State Zip Code Phone NumberNumber 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) F-1 Superseding Determination of Applicability— Fee: $120 El 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 40,62 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form-rev.12114 Page 1 of 2 ILIMassachusetts 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 http://www.mass.g,ov/eea/agencies/massdep/abou!t/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. wpaformUcc-Request for Departmental Action Fee Transmittal Form-rev.12114 Page 2 of 2