HomeMy WebLinkAbout14-15 Millpond DOA Negative Determination - Permits - 14 MILLPOND 10/12/2022 CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE #2 & #3 DETERMINATION OF APPLICABILITY
FINDINGS &SPECIAL CONDITIONS
14-15 Millpond Road
At the October 12,2022 public hearing,the North Andover Conservation Commission (NACC) voted to
issue a Negative #3 Determination of Applicability with conditions for work proposed at 14-15 Millpond
Road. The work includes: reinforcement of a foundation&retaining wall between units 14 and 15 at the
Millpond Townhome complex. Work will be occurring in the outer reaches of the 100' buffer zone, and
within the outer 100 feet of the Riverfront Area.The existing patio at unit#14 will be excavated to
reinforce the retaining wall.The foundation wall in front of unit#14 will be excavated in 3' 4" sections to
keep the rear foundation wall stable during excavation. New reinforcements will be installed, and the
wall will be backfilled. Upon completion of wall reinforcement work, all grades, landscaping,patios, etc.
will be returned to their pre-existing conditions.
Owner/Applicant: Millpond Homeowners Association
c/o Bob Zuzack
121 Millpond Rd.
North Andover, MA 01845
Record Documents:
• Request for Determination of Applicability Form 1,narrative and supporting
materials,submitted:September 26,2022
• Foundation Wall Repair Plans, Sections&General Notes, prepared by Daigle Structural
Engineers, dated: 08/30/2022, Stamped By: Jonathan M.Longchamp, PE.
• Wetland Permitting Plan-Unit 14 & 15 Retaining Wail Improvements, Civil Design
Consultants,Inc,,Dated: 07/25/22,prepared by: William Hall,PE
Approval is subject to compliance with the following Special Conditions:
1. A pre-construction meeting shall be held with the Conservation Department and project proponents to
review conditions of this permit and to inspect installed erosion controls (8" mulch socks,staked&
overlapped).
2. Any fill imported to the site shall be obtained from a responsible source,shall be clean of any trash or
foreign debris,Recycled Concrete Aggregate (RCA),and to avoid introducing the invasive Asiatic
Jumping Worm to the resource area. if worms are encountered the landscaper/applicant shall
terminate them and inform the Conservation Department,
3. Any exposed soils on slope behind Unit 14 be seeded and stabilized with 100% biodegradable erosion
control(containing NO plastic netting)blanketing as necessary.
14-15 Millpond Negative#3 Determination oftlpplicabtlity
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4. Disassembled walls&patios shall be returned to pre-existing conditions,NO expansion of any of
these elements is allowed under this permit.
5. Post-construction meeting with the Conservation Department to verify compliance and approve
removal of erosion controls.
The applicant, and their contractors are advised that NO other work on the propeft its allowed under
this-permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on
site and an.y work that involves gound 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 arden beds landscaping and bridge installation tree or vegetation cutting/pruning,
These activities shall be held to the current standards under the Bylaw and WPA.
14-15 Millpond Negative#3 Deteinaination ofApplicability
Page 2 of 2
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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
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Millpond Homeowners Association c/o B. Zuzack
return key, game name
121 Millpond
Q Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
leDuR
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA with associated attachments Rcvd: 09/26/2022
Title Date
Foundation Wall Repair Plans, Sections & General Notes-Millpond Rcvd: 09/2612022
Townhomes, Dated: 08/30/2022, Stamped by: Jonathan Longchamp, PE Date
Civil Design Consultants, Inc.Wetland Permitting Plan- Unit 14 & 15 Rcvd: 09/26/2022
Retaining Wall Improvements, Dated: 07/25/22, Prepared By: William Hall, PE Date
2. Date Request Filed:
September 26, 2022
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):
Proposed work includes: reinforcement of a foundation & retaining wall between units 14 and 15 at
the Millpond Townhome complex. Work will be occurring in the outer reaches of the 100' buffer zone, and
within the outer 100 feet of the Riverfront Area. The existing patio at unit#14 will be excavated to
reinforce the retaining wall. The foundation wall in front of unit#14 will be excavated in 3'4" sections to
keep the rear foundation wall stable during excavation. New reinforcements will be installed, and the wall
will be backfilled. Upon completion of wall reinforcement work, all grades, landscaping, patios, etc. will be
returned to their pre-existing conditions.
Project Location:
14-15 Millpond Road North Andover
Street Address City/Town
Map 95A Lots 14 & 15
Assessors Map/Plat Number Parcel/Lot(lumber
wpaform2.doc•determination of Applicability•rev,5/18/2020 Pagel of 5
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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.)
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).
❑ 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.
❑ 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.
❑ 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 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:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doe•oetermination of Applicabllily•rev.5/1812020 Page 2 of 6
i '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
B. Determination (cont.)
❑ 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:
❑ 7. If a 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 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.
❑ 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 for Special Conditions**
❑ 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.
wpaform2.doc•Uetermination of Applicability-rev.611812020 Page 3 of 5
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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 (coat.)
❑ 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 statuatorylregulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
October 17, 2022
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 htt s://www.mass. ovlservice-details/massde -re lonal-offices-
by-community) and the property owner(if different from the applicant).
wpaform2.doc Determination o€App5cablAy•rev,511812020 Page 4 of 5
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ILIMassachusetts 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 (cant)
Signatures,
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S1gn ture , Printed Nam
LAJ-T-!S- WA�LLX_
- §Ijfnature .� Printed Name
Signature v + Printed Name
Signature Printed Name
1 � 1
Signature 7 ` 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 https://www.mass..qov/service-detailsimassdep-regional-offices-by-
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 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.
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