HomeMy WebLinkAbout- Permits - 693 JOHNSON STREET 11/22/2021 CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
FINDINGS & SPECIAL CONDITIONS
693 Johnson Street,North Andover
At the November 22, 2021 public hearing, the North Andover Conservation Commission
(NACC) voted to issue a Negative # 3 Determination of Applicability for installation of an
upgraded septic system,with the limit of the leach field 103 feet from the wetland located
across the street, the geo-membrane and grading just inside the 100' Buffer Zone (between 90'
and 100) and vent within the buffer zone, approximately 85 feet from the wetland,located at
693 Johnson Street. No removal of vegetation is proposed or permitting under this
Determination.
The project will conform to the following:
Owner/Applicant: Stephen Mouzakis
66 Sunset Rock Road
North Andover, MA 01845
Record Documents: Request for Determination of Applicability Form 1,Project
description, abutter notification, a copy of filing fee check, GIS
Aerial showing distance of deck to BVW submitted: November 3,
2021
Record Plans: "Upgrade Plan of Subsurface Sewage Disposal System",2 sheets,
prepared by:Merrimack Engineering Services, stamped and
signed by Vladimir Nemchenok, scale 1"=20',revision dated
October 14, 2021.
SPECIAL CONDITIONS:
1. Prior to any work commencing,„cingL the following tasks and deliverables shall be
completed/submitted for Conservation Department review:
a. A detailed construction sequence/construction schedule shall be prepared that
includes methods for capture of sewage generated from the house during leaching
field upgrade work, which can entail the use of the existing septic tank,to be
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120 Main street,North Andover,Massachusetts 01845
Phone 978.688,9530 Fax 978.688.9542
wwrv.northandoverma.gov
modified as a holding/tight tank to receive sewage and be pumped out as
necessary to maintain capacity;
b. Construction access shall utilize the existing driveway and any and all stockpiling
shall be placed between the house and the westerly limit of excavation;
c. Erosion controls shall consist of staked 12" mulch filled sock (not straw wattle as
noted on the plan),and shall be installed in locations as called out on the plan
(surrounding the septic system footprint and protection of the catch basin);
Z A pre-construction inspection shall be scheduled with the Conservation Department.
3. The Conservation Department shall be carbon copied on all documentation certifying
cleanliness of all imported fill material, septic sand and any other aggregates brought to
the site.
4. Post-construction inspection with the Conservation Department to verify compliance and
approve removal of erosion controls upon satisfactory stabilized conditions.
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 and 200 Riverfront Area to the Shawsheen River 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 or tree cutting/pruning. These activities shall be held to
the current standards under the Bylaw and WPA and must be reviewed under a separate
application submitted to the Conservation Commission.
693 Johnson Street
Negative Determination #3
Page 2 of
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120 Nfian Street,Norte Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
wwxv.northandoverma.gov.
4
Massachusetts Department of Environmental Protection
Bureau nf Resource Protection - Wetlands
WPA Form 2 _ Determination of Applicability
M88G@ChUSett8 W8f/BDd8 P[OteC[i0D /\Cf M.G.L. C. 131, 840
A~ General Information
Important:
�
When filling �rono�
m�ou�
forms nnthe
North Andover
onmputer, use
only the tab Conservation —Commission--
key h»move To: Applicant Property Owner(if different from app1icanU:
yuuroumor-
donotuaeUm Stephen Mouzakis
return key, Name Name
OO Sunset Rock Road
VQ ailing Address Mailing Address
North Andover MAO184S
CityTrown ��— Zip Code Cityfrown state �-
------- 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Upgrade Plan nf Subsurface Sewage Disposal System, prepared hy 10-14'21
Merrimack Engineering Services, 2 sheets Date
RDA application with associated attachments 11-02-21
Title Date
fi—tle Date
2. Date Request Filed:
Novennber3 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 appUcab|e):
Replace existing failing subsurface septic system. Work to take place within outer reaches nfthe
1ODfuotbuffer zone to bordering vegetated wetland located across the t t �
Project Location:
883 Johnson Street North Andover
Cityfrown
Map 38 LotT5
"pamrmz^" 'Determination m Applicability^rev.o1aoom Page/ofo
4
Massachusetts Department 0f Environmental Protection
Bureau Of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
M@sGQChUs8fhs W8fl8Dd6 Protection AC[ M.G1. C. 131, G40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or projectrelative bn the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until e 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).
171 i. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing. filling,dredging, mr altering of the area requires the filing nfm Notice ofIntent.
Fl 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed mmaccurate. 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 ms this Determination iovalid.
[l 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 nsmove, fi||, dredge, or alter that area. Thnnefn^a, said work
requires the filing ofa Notice nfIntent.
Fl 4. The work described on referenced plan(s) and clocurnent(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Thanahnre, said work requires the filing of
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
�l 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 nrbylaw:
Name Ordinance or Bylaw Citation
"paform2.doc-Determination m Applicability'rev.u1612.020 Page cms
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.)
E] 6. The following area and/or work, if any, is subject to a Municipal ordinance or bylaw but not
subject bo the Massachusetts Wetlands Protection Act:
/
[l 7. If Notice of Intent is filed for the work in the RivorfnontArao 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 raquiremento):
El Alternatives limited tn the lot on which the project is located.
El Alternatives limited to the lot on which the project ix |nnehad, theeubdividmd |ots. ondany
adjacent lots formerly ur presently owned by the same owner.
El Alternatives limited to the original parcel nnwhich the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
El 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 un|eontheDepartmanthsi|o(ooctnneunhrgqumatwithin35deyaofthedahmthe
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.
El 2. The work described in the Request is within an area subject to protection under the Act, but will
not rennove, h||, dredge, ur alter that area, The,efore, said vvu/k does not require the filing of
Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regV|aUoOm, 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"
El 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefune, said work does not require the filing of Notice of|nhent,
unless and until said work alters on Area subject bo protection under the Act. �
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Massachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands
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- - - ' - _ ' -'' -- Determination' _ ' Applicability
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Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
B. Determination (cont.)
R 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 imrequired:
xempt Activity(site applicable statuatory/regulatory provisions)
[l 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant toe municipal wetlands ordinance nrbylaw.
Name Ordinance or Bylaw Citation
C, Author^zat~on
This Determination in issued bz the applicant and delivered aafollows:
Fl by hand delivery on by certified mail, return receipt requested Vn
Novambmr3O 2021
ooio o6h+
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 hadora|, state, or|mna|mtatutes, nrdinonoou,
by|avvo. or regulations.
This Determination must ba signed bya majority oftheConoorvaUonCom0ise|0A. ACopyrnoatbesentto
the appropriate DEP Regional Office (see
\ and the property owner(if different from the opp|ioanU.
°pm"2,m='Determination of Applicability'rev,m/mzmo Page 4wn
4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Sig,na tunes:
I Printed"a —
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In,pture.
,g- at Printed N
Printed Name
Signs re
Printed Name
§iag—nafi"
ure PriiedNam-—e
PantedSignatSignature Name
nature Printed Name'Name
Sig '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.mass.gov/service-details/massdep-regio al-offices-by-
commu 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.
Page 5 of 5
wpaform2.doc-Determination of Applicability-rev.5/18f2020