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Home My WebLink About- Permits - 415 BOXFORD STREET 9/8/2021 CONSERVATION DEPARTMENT Cornmunity Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 415 Boxford Street, North Andover At the September 8,2021 public hearing,the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability for installation of an approximately 28- foot diameter above ground pool with minor grading at 415 Boxford Street. The pool will be located just outside of the 50-foot No-Build Zone to the bordering vegetated wetland at its closest point. It is assumed that the pool will be equipped with a ladder for access. Pool equipment is not shown on the plan but shall be installed at the rear of the house, outside of the 50-foot No-Build Zone. A fence has not been proposed and is therefore not permitted under this Determination of Appilcability. The project will conform to the following: Applicant: Mr.Jeffrey P. Young 415 Boxford 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: April 1, 2021 Record Plans: Proposed Above Ground Pool Engineered Plan Revised: dated August 24,2021, prepared by Benjamin Osgood,Jr. scale 1"=20' The applicant,homeowner and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100- Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes,but are not limited to, house additions,pools,patios, decks, sheds,fences, garden beds,landscaping and bridge installation, tree or vegetation cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA. The following Special Conditions shall be complied with: SPECIAL CONDITIONS: 1. A pre-construction meeting with the Conservation Department shall be scheduled to inspect the installation of the erosion controls (8-inch staked&overlapped mulch socks). Specifications for the cartridge type filter shall be provided (backwash DE style filter is prohibited) at the time of site visit. 2. All excavated materials (including soil and sod) shall be removed from the site. 3. A post-construction inspection shall be held with the Conservation Department to verify compliance. 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 ,,vvjxv.tiortliaiicloverin,,i.goN, 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability J 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 Jeffrey P. Young return key. Name Name .......... 415 Boxford Street Mailing Address Mailing Address North Andover MA 01845 Cityfrown State Zip Code City/Town State- Zap Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Proposed Above Ground Pool Engineered Plan (Revised to show new pool Dated 08-24-21 location 8-24-21) prepared by_Benjamin Osgood, JR. PE Date RDA application with associated narrative and attachments --- Rcvd 04-01-21 - ------- Title Date Title .............. Date 2. Date Request Filed: April 1, 2021, Revised Plans on August 26, 2021 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): Installation of a 28-foot diameter above ground pool located just outside of the 50-foot No-Build Zone to the Bordering Vegetated Wetland. Equipment will be used to grade the area, and sand/crushed stone will be used to make the ground level at bottom of the pool to elevation 92. The filter system will consist of a cartridge-style filter that does not backwash. ....... ....... .......... Project Location: 415 Boxford Street North Andover Street Address CltyfTown .Map 105 C ............. Lot 10 Assessors Map/Plat Number ParceKot Number Y,pafofm2.doc-Determination of Appficability-rev,5/18/2020 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability :assachusetts 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(Le., Conservation Commission or the Department of Environmental Protection). F-1 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. 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 as long as this Determination is valid. .......... .......................... E] 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 ANRAID Simplified Review(if work is limited to the Buffer Zone). 5. The area and/or work described on referenced plans) 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 Nvpaform2.doo-DeteWnalion of Applicability-rev.5/1 812 020 Page 2 of 5 4 LlMassachusetts 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 B. Determination (cont.) [J 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: .......... .......... ------ ........ El 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plans) 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 10.68(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 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 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 of Approval** 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. wpaforW doc•Dolorminaflon of Appkabifily-rev.5/1 812 020 Page 3 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.) ❑ 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) .......... El 6. The area and/or work described in the Request is not subject to review and approval by: Naime—of Muni-c-i-pa—fity-- Pursuant to a municipal wetlands ordinance or bylaw, .Na me Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: El by hand delivery on E by certified mail, return receipt requested on September 14, 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, 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. ov/se rvice-detai Is/massdep-re g Tonal-offices- by-community) and the property owner(if different from the applicant). ................ ....... .......... wpaforn)2.doc-Determination of Applicability-rev.5M812020 Page 4 of 5 4 Massachusetts Department of Environmental Protection LBureau of Resource Protection - Wetlands I I WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Authorization (cant.) Signatures: 51 nature _._ ...._._— ....... g Printed Name ............ _. .....w sjttture anted Name Prim,ed Name SignaturePrIted Name Signatur Printed Name Signa ure Printed Name Signature g Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of Nand 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 s://www,mass. ov/service-details/massde -re ion Lgffices-b - community) 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.doo.Determination of Applicability•rev.5118/2020 page 6 of 5