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Home My WebLink About- Permits - 175 FOREST STREET 6/9/2021 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 175 Forest Street At the June 9, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability with conditions for work proposed at 175 Forest Street. Work involves: Construct an in-ground pool, exposed aggregate patio, fencing and associated site grading within the 1.00-Foot Buffer Zone to Bordering Vegetated Wetland. The project is 75 feet from the BVW at its closest point. Wetlands are located across the street an din the northeast corner of the property. Applicant/Owner: Chad &Eliza Bohigian 175 Forest Street North Andover, MA 01845 Record Documents: * Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: May 24, 2021; * "175 Forest Street Plot Plan of Land", prepared by Sullivan Engineering Group, LLC, signed and stamped by John Sullivan and Paul Finocchio, scale 1"=20', dated May 19, 2021. Approval is subject to compliance with the following Special Conditions: 1. Erosion controls (12" mulch sock, staked) shall be installed between the work area as specifically directed by the Conservation Administrator - the approved plan is not adequate for erosion control purposes. It is estimated that approximately 100 feet of mulch sock will be necessary to properly envelope the work area. The contractor and applicant shall schedule a pre-activity site visit with the Conservation Administrator to review mulch sock installation locations. 2. There is limited room for stockpile, any excess excavated soils not used for backfill shall be immediately transferred to a dump truck and taken off site. 3. A post-construction site inspection with the Conservation Department shall be scheduled to verify compliance with the approved plan and these conditions. 11age I ol' i 4 Massachusetts Department of Environmental Protection Bureau OfResource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. O. 131, Q40 A~ General Information Important: When filling out From: � forms onthe North Andover computer, use only the tab Conservation Commission — key t»move To: Applicant Prope�yO�norUfU��renthomnpp|�anU: ynu/mumnr- � do not use the Chad & Eliza Bohi i return key, Nmmo Name 175 Forest Street iling Address Mailing Address North Andover [NA O1845 City�6wn �— --------' ��G�—� Zip Code CityfTown State-- Zip Code - -------' 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 175 Forest Street Plot Plan of Land, prepared by Sullivan Engineering May,19 2021 Group, LLq scale 1" 20' stamped by John Sullivan & Paul Finocchio Dam NU8onUassoo|at�Uottac�nnenta _May 19 2021 Title Date Title Date 2. Date Request Filed: May 24 2021 B. De*erm^na*^on PumuonttntheauthnhtynfyW.G.L. o. 131, @40` theConaenxahonCnmmisoionconsidenaUyour Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Construct an in-ground pool, exposed aggregate patio, fencing and associated site grading within the 1OO'Foot Buffer Zone to Bordering Vegetated Wetland. The projectis75feethnnnthgB\8yVoti\a closest point. Project Location: 175 Forest Street North Andover Map 108A Lnt73 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands F/[DteCtiOO /\Cf M.G.L. C. 131. §40 B~ Determination (cont.) The following Determinaticm(s) is/are applicable to the proposed site and/or project relative tn 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). FJ 1. The area described on the referenced p|an(s)iaon area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. El 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 am long mo this Determination iavalid, 17l 2b. The boundaries of resource areas listed below are�not onn�rnoedby this DabarnoinatiVn. regardless ofm/hether such boundaries are contained nnthop}ens attached to this Determination mr 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 rennove, fi||, dredge, or alter that area. Therefore, said vvodh requires the filing ofo Notice nfIntent. [] 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. ThenefoFe, said work requires the filing of Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). 1771 5. The area and/or work described on nehanenmad plan(s) and document(s) is Subject to review and approval by: ame of Municipality Pursuant to the following municipal wetland ordinance orbylaw: 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -WeflaBds WPA Form 2 ~. Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. C. 131' §40 B. Determination (cont.) 171 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject hO the Massachusetts Wetlands Protection Act: Fl 7. If Notice of Intent is filed for the work in the Riverfront/\nao 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 naquiramente): 1771 Alternatives limited to the lot on which the project ia |ocatad. [] Alternatives limited to the lot onwhich the project is |onahad. the subdivided |oba, and any adjacent lots formerly or presently owned by the same owner. �] Alternatives limited hu the original parcel onwhich the project is |000had, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. �] Alternatives extend ho any sites which can naaa000b|y ba 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 toissue a Superseding Determination of Applicability, work may not proceed on this project un|eaotheD*pa,tmenthai|atooctonauuhrequestvvithin35dayooftheda|*(ha 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. Fl 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. Fl 2. The work described in the Request is within an area subject to protection Linder the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice ofIntent. 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 Ant. Therefore, said work does not require the filing nf a Notice nf Intent, subject to the following conditions (if mny). °~ See attached Special Conditions" El 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefora, said work does not require the filing of Notice of|ntent, unless and until said work alters an Area subject to protection under the Act. °n"m,mo.*='Determination o,Applicability'rev.5/18/2020 Page aofu 4 Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determ^nat~on of Applicability Massachusetts Wetlands Protection ActM.G.L. C. 131, §40 B. Determination (cont.) [] 5. The area described |n the Request ks 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 iarequired: El 0. The area and/or work described in the Request is not subject to review and approval by: me of Municipality Pursuant hog municipal wetlands ordinance orbylaw. me Ordinance or Bylaw Citation ------------- C. Authorization This Determination |o issued bo the applicant and delivered msfollows: EJ by hand delivery on [�] bv certified mail, return receipt requested on June28 2021 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 hedera|, state. or |000| etatutem, ordinances, bylaws, or regulations. This Determination must bo signed bya majority oftho {}nnaervabVnCorOm|ssiVO. Ac0py0ustbesentto the appropriate DEP Regional Office (see ) and the property owner(if different from the app|ioan0. Issued by the North A d Conservation Commission on June 0 2021 - �� 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands Protection Act M.G.[ C. 131. &40 C. Authorization (cont.) Si nLat�,e,�,,, ignature Printed Name Printed Name SignatUre Printed Name ignature Printed Name Signature Printed Name D~ AppeaUs The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is tobo done, nr any ten residents of the city nr town |n which such land ka located, are hereby notified of their right tnrequest the appropriate Department ofEnvironmental Protection Regional Office (see conmu�ty) 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 ur hand delivery tothe 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 onamunicipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. °p°formo,00c'Determination w Applicability'rev.o1mmm Page*"/o