HomeMy WebLinkAbout- Permits - 137 FOREST STREET 6/26/2019 i
CONSERVATION DEPARTMENT
Community Development Division 4
NEGATIVE#3 DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS 1
137 Forest Street
At the June 26, 2019 public hearing, the North Andover Conservation Commission (NACC)
voted to issuc a Negative#3 Determination of Applicability for the construction of a new septic
leaching field and concrete D-Box to replace failed leaching field. The existing septic tank and
pump chamber will remain and existing leach field will be abandoned in place. The leaching
field is entirely outside the I00-foot buffer zone, but a portion of the associated grading and D-
Box will be within the outer reaches of the 100-foot buffer zone but outside the 50'-Foot No
Build.Zone and 25-Foot No Disturb Zone to a Bordering Vegetated'Wetland. The work shall
conform to the following approved plans and Special Conditions:
Applicant/Owner: Robert Moore
137 Forest Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability and supporting
materials, submitted.tune 1.2, 2019.
Including: W111A Form 1, Application Checklist,TopolLocus Map,
Abutters List,Notification to Abutters, GIS map with abutter I
parcels
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Record Plan: "Septic Upgrade flan 137 Forest Street",prepared by Sullivan
Engineering Group, LLC signed&stamped by John D. Sullivan
scale 1"=20', sheet 1 of 2,revision dated June 6, 2019 f
"Septic Upgrade Plan 137 Forest Street",prepared by Sullivan
Engineering Group,LLC signed &stamped by John D. Sullivan j
not to scale sheet 2 of 2 revision dated June 6, 2019
SPECIAL CONDI
TIONS:
1. Prior to the start of work, erosion controls in the form of 12" compost or bulk mulch
sock) shall be installed as depicted on the approved plan with an additional stretch of
sock extended in front of the existing shed to bottom of elevated land area to the east of
the shed. {
2, Prior to the start of work and after erosion control install, the applicant or the contractor
shall schedule an on-site pre-construction meeting with Conservation Department staff to
review conditions and erosion control installation.
3. Upon completion of the project and site stabilization (grass growing),the Conservation i
p p p .9 �g� g g)�
Department shall be contacted for final inspection.
120 Main Street, forth Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.northandoverrna,gov
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
I 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
only the tab Conservation Commission
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Bob Moore
return key. Name Name
137 Forest Street
Mailing Address Maiiing Address
North Andover MA 01845
City/Town State ZipZip Code Citylf n State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Septic Upgrade Plan 137 Forest Street, prepared by Sullivan Engineering June 6, 2019
qrqp LLq.signed & stamped bin D, Sullivan, scale 1"=20', sheet 1of2 Date
J_
Septic Upgrade Plan 137 Forest Street, prepared by Sullivan Engineering June 6, 2019
jGrou , LLC signed & stamped by John D. Sullivan, not toscale sheet 2of2 Date
Title
Date
2. Date Request Filed:
June 12, 2019
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):
Construct a new septic leaching field and concrete D-Box to replace failed leaching field. The existing
septic tank and pump chamber will remain and existing leach field will be abandoned in place. The
leaching field is entirely outside the 1 00-foot buffer zone, but a portion of the associated grading and
D-Box will be within the outer reaches of the I 100-foot buffer zone but outside the 50' NBZ.
Project Location:
137 Forest Street North Andover
-Street Address City/Town
Ma- 106A Lot 175
Assessors Map/Plat Number Parcel/Lot Number
wpaform2,doc-Determination of ApplicaUlity-rev.12114 Pagel of 5
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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 Determinaticin(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 pdan(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 thls Determinatlon,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination,
F] 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 descrlbed 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:
Nameordinance or Bylaw Citation
......
wpaform2.doc Delerrri�nation of Applicability-rev,12114 Page 2 of 5
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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.)
F1 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):
F 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.
F1 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).
See Attach ec�ia�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.
wpaform2.doc-Determination of Applicability-rev.12114 Page 3 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.)
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 statuatoryfreguiatory provisions)
6. The area and/or work described in the Request is not subject to review and approval by:
North,Andover
Name offMunicipality
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:
%--00
F1 by hand delivery on JNL by certified mail, return receipt requested on
U(7-
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. Acopy must be sent to
the appropriate DEP Regional Office (see http://www.mass,giov/eea/agencies/ma:ssdep/abouit/contacts/)
and the property owner(if different f orn the applicant).
Signatures:
the
e property Signatures:
natures y owneri different om the
wpaform2 doe•Determina0on of Appficab$fity-rev.12114 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 htt ://www.mass.gov/ee@/agencies/massdep/abouVcontacts/) 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,
wpaforrn2,doc DetermMation of Appkcabifty rev,12114 Page 5 of 5
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LlMassachusetts Department of Environmental Protection }
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP f
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b. Cityrrown,Zip
I
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 1
use only the
tab key to MaiVing Address
move your
cursor-do CtylTawn .. _. State Zip Code
not use the
return key. Phone Number Fax Number(it applicable)
r� 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
CityrFown State Zip Code
Phone Number Fax Number(it 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
wpaform1cloc-Request for Departmental Action Fee Transmittal Farm•rev.12114 Page i of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental Action Fee
Provided by DEP
Transmittal Form
ILI 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/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 Transmittaf Form-rev.12114 Page 2 of 2