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Home My WebLink About- Permits - 16 FERRY STREET 8/11/2021 4 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 16 Ferry Street, North Andover At the August 11, 2021 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative # 3 Determination of Applicability for the installation of a 12' x 24" above ground pool equipped with a cartridge filtration system, located approximately 128-feet from the bank of the Merrimack River. The project will conform to the following: Owner/Applicant: Mr. Adefemi Adenuga &Ms. Oluwatosin Adenuga 16 Ferry Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, Project description, abutter notification, a copy of filing fee check submitted:July 15, 2021 Record Plans: Surveyed Land Plan & GIS Aerial w/ proposed pool location & distance to resource area. Submitted by the applicant July 15, 2021 SPECIAL CONDITIONS: 1. Pre-construction meeting with the Conservation Department to review pool location & installation procedures with the contractor. 2. Any excess excavated soils shall be removed from the site. 3. Post-construction site visit with Conservation Department staff to observe final site conditions and ensure compliance. - ----------- 120 Main Street,North Andover,Pvtassachusetts 01845 Phone 978.688.9530 17ax 978.688.9542 www.northandovernia.gov | 4 | / Massachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131' G40 A. General Information Important: � When filling From: ingnu� forms onthe North Andover computer, use only the tab -----n ----- ion key tnmove To: Applicant Property Owner(if different from appUcanU: your cursor- do not use the Adaferni & Adenuga return key. Nomm Name 16 Ferry Street VQ Mailing Address Mailing Address North Andover MA O1845 S�G�—' Zip Code QtyrTmon State-- Zip Code - `---~�--�' 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: G|S Aerial with wetland measurements July 15 2021 itle Date Wetland Evaluation Overview July 13 2021 Title Date RDA application with associatedatteohnnemtn July 15 2021 Title Date 2. Date Request Filed: O7-15-2O21 B. Determination PursuanttoiheauthorihyofW1.G.Lo. 131. G4O' theSonnarvcdiunCommieaionoonsidevadyour Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Installation of a 12-foot by 24-foot above ground pool in place of an existing pool that was recently removed. All pool assembly work will be performed by hand, a base of mason sand will be laid down with aB b t briefly.,T-he pool willb located approximately 128-fe thomnth e,,bank of the Merrimack River. ----- Project Locahon: 10For St ut North Andover Street Address City/Town Map 17 Lot 4 Massachusetts Department of Environmental Protection U[88UOf Resource Protection - Wetlands WPA Form 2 — Determ~nat~on 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). Fl i. 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. n 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 iovalid. _ El 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 in 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 nanoove, fi/|, dnedge, or alter that area. Thonafona, said vvo,h requires the filing ofa Notice ofIntent. Fl 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). F] 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 orbylaw: Name Ordinance or Bylaw Citation vp~m,mzo."'Determination m*po=m/rty'rev.5118/2020 Page ev/o 4 LlMassachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. c. 131, §40 B. Determination (cont.) E] U. The following area and/or work, if any, is subject[oa municipal ordinance nr bylaw but!not subject to the Massachusetts Wetlands Protection Act: F] 7. If Notice of Intent is filed for the work in the RiverhontArea 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)u. for more information about the scope of alternatives requirements): F] Alternatives limited b)the lot un which the project ia |ocebad. 1771 Alternatives limited to the lot un which the project io |ooated. theoubdividmd |ote, mndony adjacent lots formerly or presently owned bv the same owner. F] Alternatives limited bm the original parcel nn which the project ia |000t8d. thasubd|vided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. F1 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 nn this project un|essiheDepartmentfai|stoeotVneuuhrequaatvvithin35dayeofthedatethe 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 ia not an area subject to protection under the Act orthe Buffer Zone. 2. The work described in the Request is within an area subject to protection under the Act, but will not vennove, h||, drmdge, or alter that area. Therefore, said work does not require the filing of Notice ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the n3gU|a00Os, but will not alter en Area subject to protection under the Act. Therefore, said work does not require the filing of Notice of Intent, subject to the following conditions (if any). Pre-construction moecdimQ with the Conservation Department to review pool location & installation procedures with the contractor, any excavated ool|m ohe|/ be removed from the site, and post- construction inspection with the Conservation Department boverify compliance and observe final site conditions. F] 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 Notice of|nban[ un|aaa and until said work alters an Area subject to protection under the Act. 4 LlMassachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131' G40 B. Determination (cont.) F] 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 nf Intent isrequired: �] 6. Theoremand/orvvnrkdesohhedinU1aReouesksnotsuhe(thorevawmndapprova| bv: Name of Municipality Pursuant too municipal wetlands ordinance orbylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: 171 by hand delivery on E bv certified mail, return receipt requested on U8'17-2O21 bat.e 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 nVnnp|yinU with all other applicable federal, state, or local eta\uteo, ordinances, bylaws, or regulations. This Determination must ba signed byo majority oftheCnneervaUonCommnianinn. Acnpynnustbememtb) the appropriate DEP Regional Office (see by-comMLMLty) Issued by the North Andover ConservationCommission on August 11 2021 � Massachusetts Department of Environmental Protection ILI UneaUof Resource Protection - Wetlands | WPA Form 2 _. Determination of A��U^cab^U~t� � 0�8S9aChUS8�8 �/et8Ods �z[otecti0O /\CtK�.(�.L. O. ' '1. §40 - C. Authorization (cont.) Signature Printed Name Sigrratur'e Printed Name Signaru're Printed Na Signat Printed Name 'Signature Printed Name D. Appeals The applicant, owner, any person aggrieved bv this Determination, any owner nf land abutting the land upon which the proposed work in to be dnne, or any ten residents of the oib/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 ) 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 810 CK8R 10.03(7)vvithin 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 o municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. '