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Home My WebLink About1405 Basswood Circle DOA Negative Determination - Permits - 1405 BASSWOOD CIRCLE 3/8/2023 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 1.405 Basswood. Circle, North Andover At the March 8, 2023 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative#3 Determination of Applicability approving the project subject to compliatice with below-listed conditions for work at 1.405 Basswood Circle. The following is a description of site observations, and proposed project overview: The project involves the in-kind replacement of an existing 8'x 10'rear deck. In consultation with the project engineer and the Building Commissioner, it was determined that the concrete footings would need to be replaced for safety reasons.New footings will consist of helical anchors,which will be installed with a sinall Piertecl Auger inachine, and old concrete footings will be abandoned in place to avoid ground disturbance. This condo coniplex was part of a 40B subdivision,which put this deck outside of the 25'No- Disturbance Zone(NDZ), but within the 50'No-Build Gone(NBZ). Based on Conservation Department staffs measurements,the existing deck is located approximately 35-feet from the BVW at its closest point, the wetland is at the bottom of riprap slope on one side and at the bottom of a vegetated slope oil the other side. *Note: Due to their close proximity to the deck and failing health,the NACC also voted to approve the removal of two(2)Oak tree/Quercus spp. saplings (one a double stenuned tree and the other a single stem). No stump grinding shall take place, and the root system shall be left in tact. Both trees are located within. the 50-foot No-Build Gone(NBC). See attached photos of the trees approved for removal below. The project will couforin to the following: Applicant: Bergman &Associates C/O: I'aul Bergman PE 20 Washington Street Haverhill, MA 01832 Record Documents: Request for Determination of Applicability Forin 1,with supporting materials, submitted: February 22,2023; Narrative of proposed project Record Plans: Oakridge Deck 1405 Basswood, C1,Dated: 02/20/2023, Stamped By: Paul A. Bergtnan, P.E. Excerpt of 1401-1.405 Basswood Circle As-Built Plan, Dated: 06/29/2011 The following,special conditions are mandated: 1. Pre-construction ineeting with the Conservation Department and contractor shall be scheduled to review conditions of this permit,means and methods of work to be perforined & inspection of installed erosion controls(8" mulch socks-staked & overlapped). 2. Dunipster for demo materials shall be placed oil the paved driveway. Negative 113 Determination of Applicability—1,105 Basswood Circle Findings&Conditions Page I oft 3. POSt-COIlSti'LICti Oil ineeting Nvith the Conservation Deputment to verify compliance and al pi-ove removal of erosion controls. The applicant,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 f!round disturbance or than ginLy the current conditions in these areas will requil-e vermittinu with the NACC. This includes, but are not limited to, house additions, pools,patios, decks,sheds, fences arden beds,landsca pin L,and brill e installation,tree or vegetation cutfing/pruning. These activities shall be held to the current standards under the Bylaw and WPA. One (1) approx. 5-10" diameter Oak/ Quercus sI)I). approved by NACC for removal. Double-stem Oak Quercus sI)I). approved by NACC for removal. Negative#3 Determination of Applicability— 1405 Basswood Circle Findings&Conditions Page 2 of 2 ' 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. 840 A. General Information Important: When filling out ronr�� forms onthe North Andover ovmpuhor, uua only the tab Conservation--- -----ion — Keyh»m»«a To: Aop|km»t PrV9�dv O�o�[Uf�i��erd8nm applicant): yourcomo/' ' � � � do not use the Paul A. return key. -Name �� 20Washington Street 14O5Basswood Qno|e VQ ailing Address Mailing Address Haverhill MAO1832 North MAO1845 City/Town �-- ate Zip |�u��- � - — ' Zip Code � ~---�--� 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: 1401 14O58asmwondCinc|eAnBui|tP|anExcerpt, Dated: 06/29/2011 Rcvd: O2/22/2O23 Title ba�t_e _ Oakridge Deck, C1 Stamped B P | A B PE Dated:O2/O2/2O23 Rovd: 02/22/2023 Date- RDA and supporting materials Rcvd: O2/228lO23 2. Date Request Filed: � February 22 2023 B. Determination Pursuant tothe authority ofK0.G.Lu 131, § 4O. the Conservation Commission considered Your Request for Determination of Applicability, with its supporting docurnentation, and made the following Determination. Project Description (if applicable): The projectimvoves [hoin'kindrep|acomentuYanexisting8'x1O' daok. |noonoultaUonwiththe project engineer and the Building Commissioner, it was determined that the concrete footings would need to be replaced for safety reasons. New footings will consist ofhelical anchors, which will be innboUnd with a small Piertech Auger machine, and old concrete footings will be abandoned in place to avoid ground disturbance. Based on Conservation Department staffs measurements, the existing deck is located � | approximately 35-feet from the BVW at its closest point, the wetland is at the bottom of a riprap slope on i one side and at the bottom of a vegetated slope on the other side. The NACC also voted to approve the removal of two(2) Oak I Quercus spp. trees, due to their close proximity to the deck. No stump grinding shall take place, and the root system shall be left in tact. Both trees are located within the5Q'fomt No-Build Zone --------------_- Project Location: 14U5 Basswood Circle North Andover Street Address Cityff own Map 108C Lot14D5 _ --'--' _-N - � -_'__.N -r "pafor=2.doc'Determination m Applicability'rev.unm2020 mm"`mv 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, 840 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or projectrelative hu the Wetlands Protection Act and regu|aUons� 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). [l 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 ufa Notice ofIntent. / L] 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 asb7 all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for ua long nu this Determination |mvalid. Fl 2b. The boundaries of resource areas listed below are not confirmed bv 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 namova, fi||, dredge, or alter that area. Thenafone, said work � requires the filing ofo Notice ofIntent. F] 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. Thapeforu, said work requires the filing of Notice of Intent or ANRAID 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: i Pursuant k>the following municipal wetland ordinance orbylaw: Name Ordinance or Bylaw Citation wpaw"u*oc'oeterminaOon of Applicability'rev.5118/2020 Page 2wo � 4 � LlMassachusetts Department of Environmental Protection � Bureau 0f Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 B. Determination (cont.) El G. Tho following area and/or work, if any, is subject tom municipal ordinance nr bylaw but not subject to the Massachusetts Wetlands Protection Act: E] 7. )fe Notice of Intent is filed for the work in the Riverfront Area described on referenced p|anhd and douumeot(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)o. for more information about the scope of alternatives naquivemenha): Fl Alternatives |innibad to the lot on which the project is located. E] Alternatives |inoibad to the lot on which the project is |Ocatod, the subdivided lots, and any adjacent lots formerly or presently owned bv the same owner. El Alternatives limited ho the original parcel on which the project ie |ocabad. themobdivided ! 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 mbahs. | � 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|esstheDopadmmntfmi|utoactnnsuchnequestwithin35doyaofthedatetho 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 remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice ofIntent. Z 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 Ant. Thernfona, said work does not require ' the filing of a Notice of Intent, subject to the following conditions (if any). °^*SEE ATTACHED SPECIAL CONDITIONS OFAPPROVAL^°^ � El 4L The work described in the Request ks not within em 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 bo protection under the Act. � � 4 / | Massachusetts Department of Environmental Protection � Bureau Of Resource Protection - Wetlands WPA Form 2 _ Determination �� U~��~U~*�� — -°-m-- --'-� Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 B. Determination /rmnf.\ El [i The area described in the Request|e subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Actand the nagu|odiona. no Notice of Intent ie required: Exempt Activity(siie�'a-ppdic'ab'le statuatory/regulatory provisions) [] O. The area and/or work described inthe Request ka not subject k> review and approval by: a me of Municipality Pursuant hza municipal wetlands ordinance orbylaw. C. Authorization This Determination is hanuad to the applicant and delivered as follows: [l hv hand delivery on by certified mail, return receipt requested nm � O3'15-2O23 Date Date This Determination is valid for three years frorn the date of issuance (except Determinations for Vegetation Management P&s 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 |Vco| atutuhaa, ovdinances, bv|ovvo. or regulations. This Determination must ha signed bvamajority of the Conservation Commission. A copy must be sent to | the appropriate DEP Regional Office (mae ' ` | and the property owner(if different from the apcdicanU. � � � � � � � � °vm"w*.d" 'Determination m Applicability'rev.ox00020 Page 4mo 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability LI :i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) ---—--------------------- --------------------- ............. Signatures: ............... Signature Printed Name PJ n Sigatur oz/ Printed rn,Na �ej ur ..........i/-atu6rie— Printed Name ign ure-- Printed N m -S; Pr' t d Na Pe i AAL ---------- Signgnature PrintedN e -------------- 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.gov/service-detaiIs/massdep-reqionaI-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. %%,paform2.doc-Determination of Applicability-rev.511812020 Page 5 of 5