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Home My WebLink About- Permits - 30 TANGLEWOOD LANE 6/10/2020 r , CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 I7E'I'FRIMIN.ATION OF APPLIC AMT,rry SP CLU, CONDITIONS & FINDINGS AIR SS: 30 Tanglewood Lane At the June 10,2020 public Beating, the North Andover Conservation Corrunission (NaA.CC) voted to issue a Negative Deternvnation of Applicability #3 for ,work proposed at 30 Tanglewood Lane. The work includes installing an above-ground pool with an outer footprint ineasuring 20' 40',with a swini area of 1.6'x32'. No excavation or vegetation removal is required or proposed. The pool will be equipped with a cartridge style filtration systern (no backwash). The pool will be located —81 feet frond bordering vegetated wetland, in lawn area and outside the NACC 50j-Foot No Build :done. The project will conform to the following: Applicant/Homeowner: Jamie &Michael.Canunarata 30 Tanglewood Lane North Andover, MA 01845 Record Documents: Request for Determination of Applicability Forn-i 1,narrative and supporting materials, subinitted: May 28, 2020 Record Plan: Title: 30'ranglewood Lane—Proposed AG G Tool—aerial ,with wetland measurement; As-Built Plan annotated by the applicant,received May 28, 2020 SPECIAL. CONDITIONS: 1. Prior to work on the pool, the applicant shall remove all materials relating to the fire pit from site and dispose of raterials properly. The Conservation Department shall verify compliance with this condition it the pre-construction nieeting. 2. Prior to work on the pool, the applicant shall monurnent tie wetland with not less than four (4) 4x4 Pressure treated posts (or equivalent weather resistant material) along the top of the field stone wall at edge of lawn. These posts shall be spaced evenly along the edge of the lawn at the top of the stone wall and shall bear plaques with language indicating protected wetland resource. Said plaques are available for purchase at the Conservation Departinent office ( 2 for round, 3 for square). 3, Prior to work on the pool, the applicant shall install erosion controls and schedule pre--construction site inspection with Consen ation Depattrnent staff to verify compliance .with all pre-construction conditions, ,t. The applicant shall schedule a post-construction site inspection with the Conservation Departnient to verify pool din-iensions and location. — 120 Main Street,North Andover,Missacliusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:littp://www.tiortlYaeidover. ov 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Fora 2 — Determination of Applicability ' 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 lab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the ,ramie& Michael Cammarata return key. Name Name 30 Tanglewood Lane Mailing Address Mailing Address North Andover _ . MA 01845 Citylrown State Zip Code CityfTown State Zip Code rMwn 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 30 Tanglewood Lane - Proposed AG Pool -aerial with wetland measurement 06-09-20 Title Date As-Built Plan Annotated by applicant showing pool location Rec'vd May 28, 2020 Title Date Title Date 2. Date Request Filed: May 28, 2020 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): Install an above-ground pool with a total outer footprint of 20'x40', with a swim area of 16'x32'. No excavation or vegetation removal is required or proposed. Pool will be equiped with a cartridge style filtration system (no backwash) and will be located —81 feet from bordering vegetated wetland, outside the NACC 50-Foot No Build Zone. Project Location: 30 Tanglewood Lane North Andover Street Address ___..___ City/Town Map 90A Lot 36 Assessors Map/Plat dumber PafcollLot Number wpaform2.doc Determination of Applicability•rev.5/1812020 Page 1 of 5 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 (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.doe•Determination of Applicability•rev.511812020 Page 2 of 6 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ` t~ 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 falls 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). **See Attached Special 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.5/1812.020 Page 3 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability 1 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 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. ..........._ 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 June 18, 2020 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 https://www.mass.gov/service-details/massdep-regional-offices- by-community) and the property owner(if different from the applicant). wpaformMoc Determination of Applicability•rev.51/812020 Page 4 of 5 '.. 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 C. Authorization (cont.) "Signed by Amy R. Maxner, Conservation Administrator, as authorized by the NACC - See N.E.R.D. Book: 16327 Page: 22 ........ ..... Signatures: Amy R. Maxner, Conservation Administrator Printed Name Signature Louis Napoli Signature Printed Name Albert Manzi, Jr. Signature Printed Name Sean McDonough Signature Printed Name Deborah Feltovic Signature Printed Name Jose h, Lynch Signature Printed Name Signature Printed Name ............ Signature Printed Name 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 https://www.m,ass.gov/service-details/massde -re,.qional-offices-by- communit ) 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.5/1812020 Page 5 of 5