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Home My WebLink About2018-06-13 Determination of Applicability 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 Town of 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 Gibraltar Pools Corp. Rob & Beth Buyea return key. Name Name 435 Boston Street 35 Dale Street VTkAi Mailing Address Mailing Address Topsfield MA 01983 North Andover MA 01845 Cityrrown State Zip Code Cltyfrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Land 35 Dale Street March 20, 2018 Title Date Swimming Pool Maintenance Requirements April 30, 2018 Title � Date Title Date 2. Date Request Filed: Ui+) !Ll LU 10 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 16ft X 28ft above ground pool with a surrounding canterlevered safety deck out side the 50-foot No-Build Zone, tree remvoal outside of the 25-foot No Disturbance Zone (all saplings to remain) and associated site grading. Project Location: 35 Dale Street North Andover Street Address City/Town 37D 41 Assessors MaplPlat Number Pareelll_ot Number wpaform2.doc•Delarminalfon of Applicability•rov.12r14 Pape t of 5 3 1 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.) The following Determination(s)isfare 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). El 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. I ® 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. WF#1 w WF#10 ❑ 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). ❑ 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 wetiand ordinance or bylaw: Name ordinance or Bylaw Citation E Page 2 of 5 wpatorm2,doc.netanination of Appllcablay•fay.12114 i E 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, §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; j i ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) i 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 falls 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 Duffer 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. i ® S. 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). No slopes steeper than 2:1, cartridge style non-backwashing filter required, filter on the western side of the pool, pool maintenance in accordance with the herein referenced Maintenance flan. ❑ 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. wpaiofrliMoe Delerminallon of Apphca611ity•rev.12114 Page 3 of S i 3 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 D. 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) ❑ 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 G. Authorization This Determination is Issued to the applicant and delivered as follows: ❑ by hand delivery on LJ by certified mail, return receipt requested on Date hate 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 httoHwww,mass.gov/eea/agencies/massdep/about/contacts/) and the property owner(if different from the applicant). Signatures: Cate Wpaform2.doc Detarminatlon ofAppticabilily,rev.12114 Pago 4 of 5 i Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands { 'I PA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 http,//www,mass.gov/eealacleno!es/massder)/about/contacts/) 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. vrpaform2f A -rev.12114 Page 5 of S � .doc Delermtnafian o pPlIcablill Y Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number; Request for Departmental Action Fee Provided by DEP Transmittal Form Massachusetts Wetlands Protection Act M.G.L.. c. 131, §40 A. Request Information 1. Location of Project 35 Dale Street North Andover, MA. 01846 a.Street Address b.Cltyfrown,Zip a Check number d. Fee amount Important: 2. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do cityrrown state zip code not use the return key. Phone Number Fax Number(if applicable) ran 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions(Forth 5), Restoration Order of Conditions (Form 6A), or Notice of Non-Significance(Form 6)): Mailing Address CltyfTown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. InstrUCtions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245 tall other I projects) ❑ Superseding Determination of Applicability--Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doo•Requoet for laepartmenlal Action Fen Transmittal Form•rev.12114 Pagel of 2 I Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DAP�€i��vufnb�r: -Wetlands Request for Departmental Action Fee Transmittal Form ProvidadbybP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order Is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(sae http://www.mass.goy/eea/agencies/massdep/about/contactsl). 4. 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. wpaformUoc•Request for Departmental Action Fee TransmMal Form my.12/14 page 2 of CONSERVATION DEPARTMENT Coinmunit,Development Division DETERMINA'T'ION OF APPLICABILITY SPECIAL CONDITIONS 35 Dale Street,Noah Andover At the June 13, 2018 public heating, the Notth Andover Conservation Conv scion (NACC)voted to issue a Negative Determination of Applicability trot installation of an above ground pool with cantilevered deck including site grading and tree removal within the 100-foot Buffer Zone to Bordering Vegetated Wedand (BVW).The ptoject will co:nfornn to the following: Applicants: Gibraltet Pools Corp. 435 Boston Street Topsfield,MA 01983 Property Owners: Rob&Beth Buyea i 35 Dale Street tNorul Andover,IVIA U1643 Record Documents: Request for Determination of Applicability Form 1 anal supporting materials, submitted: 4/11/2018 Including:Abutter List&Abutter Notification Letter ftom Maly Ttudeau,Wetlands Consultant 141 Lowell Street,Lexington, MA RE: Wetlands Delineation Date: November 3, 2017 Swimtrdng Pool Maintenance Requirements Prepared by Gibraltar Pools &Spas Date:April 30, 2018 Peer Review Letters: Prepared by SSV Engineering, Inc, 609 Winter Street Framingham,MA 01702 Dates:April 25,2018 and May 30, 2018 Record Plans: Titled:Plan of Land 35 Dale Street Prepared by:PFS Land Surveying, Inc. 20 Balch Avenue, Groveland,MA 01834 3 120 Manz Street,North Andover,h1assachmetts 01845 Phone 978.688,9530 Pax 978.688,9542 Web:littp://w\v\v.northandoverena,gov j CONSERVATION DEPARTMENT Community Development Division DETERMiNATxON OF APPLICABILITY SPECIAL CONDITIONS 35 Dale Sheet, North Andover At the June 13, 2018 public heating, the North Andover Conservation Cotntnission (NACC)voted to issue a Negative Determination of Applicability for installation of an above ground pool Nvith cantilevered deck including site grading and tree removal within the 100-foot Buffet Zone to Bordering Vegetated Wetland (BVW).The project will conform to the following: Applicants: Gibraltar Pools Corp. 435 Boston Street Topsfteld,MA 01983 Property Owners: Rob &Beth Buyea 35 Dale Street 1V oxm Andover,i'mi u t b,+D Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: 4/11/2018 Including:Abutter List&.abutter Notification Letter from.Mary Trudeau,Wetlands Consultant 141 Lovell Street,Lexington,MA RE: Wetlands Delineation Date: November 3, 2017 Switntning Pool Maintenance Requirements Prepared by Gibraltar Pools &Spas Date:April 30,2018 Peer Review Letters: Prepared by SSV Engineering,Inc, 609 Winter Street Framingham,MA 01702 Dates:April 25, 2018 and May 30, 2018 Record Plans: Titled:Plan of Land 35 Dale Street Prepared by: PFS Land Surveying, Inc. 20 Balch Avenue, Gtoveland,MA 01834 120 Nfahi Street,North Andover,Massachusem 01845 Phone 978.688,9530 Pax 978.688.9542 Web:http://Nv�vw.nottliandoverina.gov I i Dated:March 20, 2018 SPECIAL CONDITIONS: 1. Prior to die start of work the applicant shall ensure that the site contractor has reviewed the Deterinination and is aware of the wetland tesoutce area and the limits of the proposed work, 2. Trees to be cut shall be identified in the Meld and approved by the Conservation Department.All saplings within the tree cutting area shall be preserved. 3. Prior to the start of construction the applicant shall establish the location of the cartridge style,non-- backwaslvng filter. Per the peer review letters tefemnced herein, the pool filter shall be installed to the nottli or ' west of the pool as far from wetland resource areas as possible. The filter location shall be approved by the Conservation Department, 4. Pet the peer review letter,no slopes shall be steeper than 2:1, S. Erosion. controls (barb mulch or compost filter sock,mini-mute 12") shall be installed in the location agreed to in the peer review letter dated May 30, 2018 (farther £tom the 25'No-Disturbance Zone than shown on the herein referenced plan). No work shall occur outside of die installed erosion controls. 6. Once the erosion controls ate in place and prior to the start of work, the applicant shall arrange a pteconstruction meeting at the site with the contractor, the homeowner and the Conservation Depatttnent. 7. Wetland markers shall be installed every 35' along dne existing fence parallel to the wetland line. Markers are available f_toin the Conservation Department ($2 round, $3 square). 8. The Pool Maintenance Agreement shall be followed in perpetuity. 9. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. j 120 11a in Street,North Andover,Massachusetts 01845 Phone 978,688,9530 Fax 978.688.9542 Web:httlx//Nvw�v.nortliandovermn.gov i