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Home My WebLink About19 Ferncroft Circle DOA Negative Determination - Permits - 19 FERNCROFT CIRCLE 2/23/2022 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 19 Ferncroft Circle, North Andover At the February 23,2022 public hearing, the North Andover Conservation.Commission (NACC) voted to issue a Negative #3 Determination of Applicability for work at 1.9 Ferncroft Circle that includes comiecting a—1.5" washing machine discharge pipe that is broken (or never cona-tected) .into the existing sewer line. Access will be to the left side of the house, excavation will occur approximately 7-8 feet off the northwest corner of the house. A—6-71ong x —5-6'wide trench will be excavated at a depth of approximately 3-4 feet. A small track excavator will be used for excavation,and spoils will be off loaded to a dump truck to be removed from the site. Work will be occurring approximately 51-feet from the BVW at its closest point,but NO closer than 50 feet from the wetland at any point. The project will conform to the following: Applicant: Gerald Flynn 19 Ferncroft Circle North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials,subn-dtted: 01-25-22 Record Plans: GIS Aerial Map with measurement to wetland 19 Ferncroft—0 1-24-22 GIS Map - 19 Ferncroft Circle Sketch showing sewer connection location--0 1-10-22 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 cutth-ig/pruning. These activities shall be held to the current standards under the Bylaw and WPA. The following Special Conditions shall be complied with: L A pre-construction meeting with the Conservation Department shall be scheduled to review means & methods of work, and observe installation of erosion controls (12"mulch socks-staked &overlapped) between areas of disturbance& the BVW,no closer than 50 feet from the wetland. 2. A post-construction inspection with the Conservation Department shall be scheduled to verify compliance and approve removal of erosion controls upon stabilized conditions. ................... 1-70 Main Street,North Andover,Massachusetts 01845 Phone 978,688.9530 Fvz 978.688.95,12 www.tioriliati(fo\�eri-n.,t.goN, 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 A. General Information Important: When filling out From: � forms unthe North Andovo Computer, use only the tab don----n ------ key to move To App|kmrd Property Owner(if different from applicant): youroumor- dunotuxntha Gena|dF| return key. Name Nume 19 FarncroftQrc|e VQ kaili—ngAd—dress Mailing Address North Andover MA O1845 ��_ Zip Code City/Town ��_- Zip Code ~--~�--' 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: G|S W10 10 FerncroftCirc| Sketch showing U location 01-10-22 Title Date GIS Aerial Map withmeasurement hn wetland19F 0 01-24-22 T|Vm Date -RDA Application with supporting materials 01-24-22 Title Date 2. Date Request Filed: D1-25-22 B. Determination Pursuant bo the authority ofK8.G.Lo. 131. 44O. the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): Proposed work includes connecting a-1.5"washing machine discharge pipe that in broken (or never connected) into the existing sewer line. Access will beto the left side of the house. Excavation will occur approximately 7-8feet off the northwest corner of the house. An approximately 8'7' long x5'8'wide trench will bg excavated @t a depth of approximately 3~4feet. A small track excavator will be used for excavation, a dump truck will receive the excavated soil. Work will beno closer than 5O feet from the edge f bordering vegetated wetland. Project Location: 19FernoruftCircle North Map 103 Lot102 4 Massachusetts Department of Environmental Protection Bureau of Resource P[0feCtiOD - WeilGOds WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. O. 131. §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or projectrelative 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). El 1. The area described on the referenced plan(s)is an area subject to protection Linder the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. �l 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed aaaccurate. 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 an this Determination iovalid. _ F� 2b. The boundaries of resource areas listed below are not confirmed bv this Determination, regardless nf whether such boundaries are contained oo the plans attached to this Determination ur 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, fiU, dredQo, or alter that area. Therefore, said vvurh � requires the filing ufa Notice ofIntent. � 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 Ant. Thenafone, said work requires the filing of 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: Narne of Municipality Pursuant to the fq||uvviny municipal wetland ordinance or bylaw: wpaform2.m*'Determination m Applicability.rev.5118/2,020 Page,m5 4 Massachusetts 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 /c{}nf.\ F] 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 Ant 7. |fallotioeof|ntentiafi|adforthevvnrkinthaRiverfrontAnaedeecribodonneferenceUp|an(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer tn the wetland regulations at 10.58(4)o. for more information about the scope of alternatives requirements): E] Alternatives |inoibsd to the lot on which the project is located. E] Alternatives limited to the lot on which the project in |ocmted, the subdivided |nta, and any adjacent lots formerly or presently owned by the same owner. Fl Alternatives limited tn the original parcel onwhich the project io |Vcmb*d' the subdivided parcels, any adjacent parcels, and any other land which can reasonably he 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 naqu|nad by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed nn this project un|mmotheDepartnnenthaUek» aotonnuchreqoeotwithin35dayeofthndmbythe request is post-marked for certified mail or hand delivered to the Department. Work may them proceed at the owner's risk only upon notice tothe Department and to the Conservation Commission. Requirements for roquoeie for Superseding Determinations are listed at the end of this document. Fl I. The area described in the Request in not an area subject to protection under the Act orthe Buffer Zone. �7 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fi|]. dredge, or alter that area. Thenefore, said work does not require the filing of Notice ofIntent. 3. The work described in the Request iswithin the Buffer Zone, as defined in the regulations, but will not alter on Area subject to protection under the Act. Therefore, said work does not require the filing ofo Notice nf Intent, subject to the following conditions (if any). Y. A pre-construction meeting with the Conservation Department shall be scheduled to maviavv means & methods of work, and observe installation of erosion controls (12" mulch socks). 2. Post-construction inspection with the Conservation Department to verify compliance and removal of erosion uuntvo|a usta..b.i.l.i.z.e..d...-c-o-nditions. | | 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 ofa Notice ofIntent, unless and until said work alters an Area subject to protection under the Act. nnaxxmu.o^n'Determination w Applicability'rev.s1mzvm Page vofs 4 Massachusetts Department of Environmental Protection Bureau Df 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: 171 6. The area and/or work described in the Request is not subject to review and approval by: ------ Name of Municipality Purouenthoamunioipa|vvaUandsonjinanoeorby|avv. C. Authorization This Determination is issued hm the applicant and delivered aofollows: 171 bv hand delivery on Z bv certified mail, return receipt requested nn 03-D2-22 r�a—te ' 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 fedena|, otaha. or local statutes, ordinances, bylaws, or regulations. This Determination must be signed bya majority oftheConmervoUonConnmiamion. Aoopyrnustbesentto the appropriate DEP Regional Office (see ) and the property owner(if different from the appUnant). vimm,nm.mm'Determination of Applicability'rev.a/^oouo Page 4"/s 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 -—--------- C. Authorization (cont.) Si natu lh"i "AA s0natlk Printed Name �cl ignatur(U Print Name -J Signature-. Printe Name sl�gnature Printed Name Signature Printed Name —---------------- Signature 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 bjtp ,.HwAW l-nass.92y/servicqA- rqq§��dqp-rgglonakoffices-by @I LqL _ �coijiniLjnfty) 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. vtpaform2.doc Determination of Applicability-rev.5/18/2020 Page 5 of 5