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Home My WebLink About- Permits - 1135 GREAT POND ROAD 8/11/2021 IRW CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERT\,IINA'1'1ON OF APPLICABILITY SPECIAL CONDITIONS &FINDINGS ADDRESS: 1135 Great Pond Road At the August 11,2021 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative #3 Determination of Applicability with conditions for work proposed at 1135 Great Pond Road— the Goclet House Brooks School. Work involves: Repair existing stone wall along street frontage by restacking stones where fallen, replace portions of existing paved driveway that are in disrepair-in same footprint,remove and stump grind existing tree that is interfering overhead utility lines, remove existing plantings along the back of the wall and replace with new native species (plant Est provided on plan). Work is within I 00-foot buffer zone to Wetland Series I & G that were approved under December 201.9 OR AD #242-1772. Portions of the work involved with the easterly driveway section are within 50 feet of the wetland but within existing footprint. An 8" mulch sock is proposed along the easterly side of the driveway. Applicant/Owner: Brooks School c/o Peter Griffin 1160 Great Pond Road North Andover,TvUi 0 1845 Record Documents: e Goelet House Landscape Improvements prepared 1)),AT I-Xonard & Assoc. stamped by Andrew Leonard; • Request for Determination of Applicability Form 1, narrative and supporting materials, submitted: July 27,2021; Approval is subica to coml)liance with the follming-SpWal Conditions: 1. A re-construction inspection with Conservation Department shall be scheduled to inspect installed erosion controls, that include additional sock along tl-ie frontage of Great Pond Road. At the pre- construction meeting, the Conservation Department staff shall measure existing dimensions of driveway. 2. All waste products from the work related to driveway repair,plant and tree removal to be taken off site to appropriate facility, 3. A post-construction inspection with the Conservation Department shall be scheduled to verify project compliance and approve removal of erosion controls. Page I of I 4 | Massachusetts assachuseK�� DepaYtment of ��nVirony�ental ��roteG�on ILI U[ aUof ReGoU[ceP[otec�0D - \N �lGDdS �U�� Form 2 — ��00~��^K�� of Applicability Wetlands Protection Act M.G.L. C. 131. §40 A~ General Information Important: When filling out : form,on the North Andover computer, use ion only the tab -----� ------ key to move To: Applicant Property Owner(if different from applicant): your cursor- ch not use the Brooks School mh Peter Griffin return key. mame Name 1160G/eatPnndRoad Mailing Address Mailing Address North Andover MA Qi845 oi�v�n�n ��-- jgv(�oe- ��6�-- Zip Code ------- 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: GVe|ot House Landscape|mpovementm prepared byAT Leonard &Assoc. July 27 2021 stamped b Andrew Leonard oa(* RDA application with associated narrative and attachments July 27 2031 Title Date Title Date 2 Date Request Filed: 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): Repair existing stone wall along street frontage byrestacking stones where fallen, replace portions of existing paved driveway that are in disrepair-in same footprint, remove and stump grind existing tree that is interfering overhead utility lines, remove existing plantings along the back of the wall and replace with new native species(plant list provided on plan). Work is within 1 00-foot buffer zone to Welland Series | & G that were approved under December 2019 ORAD#242-1772. Portions of the work involved with the easterly driveway sectionwithin 50fet ofthe wetland but within existin8ot i � Project Location: 1135 Great Pond Road NmfhAodover Map 103 Lot 4 ILIMassachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts VV8t@ndS Protection Act M.G.L. c. 131, Q40 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 u final Order cf 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 bom the issuing authority(i.e., Conservation Commission orthe Department ofEnvironmental Protection). [] 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dmdginQ,or altering of the area requires the filing oye Notice ofIntent. [] 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 aa long as this Determination iovalid. Fl 2b. The boundaries of resource areas listed below are I��con�rmmdby this Detorminabmn. regardless of whether such boundaries are contained onthap|mnn attached to this Determination or to the Request for Determination. Fl 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 ufa Notice ofIntent. [l 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). El 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: PumuanthothefoUowingmunioipa|wudandondinanoeurby|aw: wpaform2.*='Determination*Applicability'rev,511812,020 Page zmv 4 Massachusetts assachuse�s Depa�0DentQf ��M\ iM0n[�enta| �»ro�vc@on ILI U[e8UOfRe8QO[CeP[0(eC�OD - V�8tl@Dds �U�� Form � ~� |��00~��~�� of ApplicabilityWetlaOdsPrOtecti0DAct &0.G.Lc. 131. §40 B~ Determ-nat-on /conf.\ El 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: [] 7. If 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 nf alternatives rnquinemenba): Alternatives limited to the lot on which the project imlocated. L] Alternatives limited hn the lot on which the project io located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. �l Alternatives limited tu the original parcel on which the project is |ooahed, 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. El 1. The area described in the Request is not an area subject to protection under the Actor 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 ofIntent. �q @. The work described in the Request is within the Buffer Zone, an defined in the naQu|eUonn, 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 C ddi ofA |°° Fl 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, ^vafov°e.**'Determination m Applicability'rev.61`Wmo Page 3*s 4 Massachusetts Department of Environmental Protection � Bureau Of Resource Protection - Wetlands ��K�� — Determination �� &��U^��^U~�� - - -- — - — Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131' §40LI B. Determination (cont.) �] 5. The area described |n 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 isrequired: XeYm pt Activity(site applicable statuatory/regulatory provisions) F] 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant toa municipal wetlands ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued bo the applicant and delivered anfollows: Fl by hand delivery on M by certified mail, return receipt requested on August 16 2021 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, hy|evvo. or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate 0EP Regional Office(see by±coUZUIuDit ) and the property owner(if different from the app|ioant). 4 LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability I I assachusetts Wetlands Protection Act M.G.L. c. 131, §40 ------------ --------------- C. Authorization (cont) fee S k in,a Wtu -151-r krlife�- "a i e Si nature Pri ed Na ----------- 2q- - ---------- P nted Name sigilatu Printed Name r Signature Printed Name Signatur 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 jjttlps Jlwww.mass.gov/service-details/t7nassdq r fgg,ionai-offioes_b - c_pMMnjty)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•Determination of Applicability-rev,5/18/2020 Page 5 of 5