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Home My WebLink About37 Scott Circle DOA Positive and Negative Determination - Permits - 37 SCOTT CIRCLE 4/26/2023 CONSERVATION DEPARTMENT Community Development Division POSITIVE #1 &NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 37 Scott Circle,North Andover At the April 26, 2023 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Positive#1 and Negative 43 Determination of Applicability approving the project at 37 Scott Circle based on its findings below and Subject to conditions listed below. The proposed project entails: installation of a 14'x I I' shed to be supported by cinder blocks, for the storage of outdoor landscaping equipment. The applicant asked the Commission to consider 2 locations for the shed, and had submitted a waiver request for Location 111. The property contains bordering vegetated wetland and a certified vernal pool,thus a 50'No Disturb Zone and a 75'No Build Zone from the edge of wetland is required under the Bylaw. Location #2 is outside the 75'NBZ but will need to be shifted for zoning setback purposes(or relief therefrom), and by doing so may conflict with the septic system leaching field. A 3 d possible location was identified during the hearing, ^Nvhich kept the shed outside the 75' NBZ, away from the leach field and complied with zoning setbacks. Location#1 is within 25 feet of the wetland, and because there are viable alternatives to locate the shed outside the 75' NBZ, the Commission voted unanimously to deny the waiver request. 'file Commission voted to approve Location #3 subject to compliance with the conditions listed below. The Positive 41 Determination relates to Location #1, which would require the submittal of a Notice of Intent, however since viable options are available that comply with the wetland setbacks, a NOI would also be denied. The Negative#3 Determination relates to Location 43 as the Commission finds it is located within the I 00-Foot Buffer Zone, outside the 75-Foot No Build Zone but does not result in negative impact to the wetland resource area. The project shall conform to and comply with the following Applicant: Bradley Snrette 37 Scott Circle North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: April 12, 2023; Record Plans: Septic As-Built Plan annotated by the Applicant& Conservation Department showing potential locations for shed—Location 43 is approved tinder this DOA. The following special conditions are mandated: I. Prior to work commencing, a pre-COn StrUCti Oil meeting with the Conservation Department, the applicant and the shed contractor shall be held to verify and mark out the final approved Location #3 pursuant to measurements that will be made from the house and septic system corners based on the septic system as-built plan. 2. A post construction meeting with the Conservation Department and the applicant shall be held to verify compliance. 37 Scott Circle Negative 113 Determination of Applicability Findings&Special Conditions Page I of 2 The applicant, and their contractors are advised that NO other work on the property is allowed under this ennit, The NACC has jurisdiction over all of the wetlands and associated I 00-Foot buffer zones on site and any work that involves,,round disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes,Iss but are not limited to, Dousej additions, patios,decks, sheds, fences, Garden beds, landscapipgand bridge installation trce or vegetation puttin Oprurtiy. These activities shall be held to the current standards under the Bylaw and WPA. 37 Scott Circle Negative#3 Determination of Applicability Fiadings&Special Conditions Page 2 ol'2 f 'X aUMLILE OF tfn,P_TS,r,3Ntrct,060 Ai 3uh3 Lf €.ct or s8v `�„r1 rd st anta rrtk) _ a iT t'N't . r1 !.-t !t M1- nfl E { r t:Uq — t 4 i i 1Y2i. 2�` ' i tie fKJ�,iFa as rt, fY b tt� �..a _ sa + E-7- UVVj' SUED TIES s2a sf cA t:t,� � ,� ' � �= "�fl s.• !Tt a C 11 '&i' 4t, tj LEGtN i R 4 A m?:5£b Ct»{)i 7'AM . .`.;:LWVC€k: t`Ati`.:-tfUt, i "- �_,,, s< �,. ! � 1 a '�".; �"• � � m ht:srwi. ..��s;xx.: �1tI QD , 40 -y# .y„'`•`+."F'.T .,.,— _ / }-,' } ht �wt,ig af.tsd3(aa+i±+tidsat„;y !ltlr.C$9=d.WWII,y;,•eit-isr.?fllli a••`�*��c�; +. • !r �t ,r�u a •.n��.+. " L ,� 4sk,=l6 I'lN1 Fi ELM f' } `' '�. 1 !' :?t r GRAIrC SCAT£ac kP {c t'it !I r t om, ..vim,. . 1a,T�♦Cuff 1 _ " I+. S t t SYEG1.S712G �}Y d! }��qqNi�� OT i '� 1 '3 i".Ruft`CS 1 �++i=ta Pr�s�n�Tfk^w)tar��T�lfgLa�r, ' T�.F11Y OF LOT 1 ,&,� ,. PLA� ~' Cs.�'!'.F H';: $irbd 5xa.♦lambcir�•,s Mmis-a.aaa'�lotxt V,=20 SEPTIC AS—BUILT PLAN 37 SCOTT CIRCLE sited locations hzve beer.added by the Properq owner.April 6,2023 NORTH ANDOVER,MASSACHUSETTS isSSMRS MAP 105 Q PARCEL 60 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality ------------- A. General Information Important: When filling out From: forms on the computer, use only North Andover the tab key to move _Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Bradley Surette -Name Name 37 Scott Circle -Mailing Address Mailing Address ......................................................... rrs North Andover MA 01845 .. . ....................... City/Town State Zip Code City/Town State Zip Code 978-304-9034 Phone Number................ ------ ------ Phone Number bsurette128@gmail.com Email Address Email Address(if known) 1. Project Location: 37 Scott Circle North Andover Street Address City/Town How to find Latitude Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal e.g.XX,XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map105D Lot 69 declma4 de clLees _15a—rcel/Lot Number - 11111 Assessors Map/Plat Number 2. Date Request Filed: April 12, 2023 ----------- 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 14' x 1 V shed to be supported by cinder blocks, for the storage of outdoor landscaping equipment. The shed will be located between 75 and 100 feet from bordering vegetated wetland that contains a certified vernal pool._--- .......... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Septic As-Built Plan annotated by the Applicant& Conservation Rc'vd 4-12-28 Department showing potential locations for shed— Location#3 approved Date Title Date RDA application and supporter materials Rc'vd 4-12-23 Title Date Nvpaform2.doc rev,4/1212023 WPA Form 2--Determination of Applicability-Page 1 of 5 � Massachusetts Department of Environmental Protection � Bureau Of Water Resources - Wetlands � ��|�� (�� ~� |��~��~�� U~��^U^�� - - - -- Determination— - Applicability—'''-� North Andover ILI Massachusetts Wetlands P[0t8CƒiOO /\Ct8U.G.[. C. 131, G40 unicipality B. Determination (cont.) The following Determination(s) is/are applicable hn the proposed site and/or project relative hothe VVeUonda 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) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). 1. The area described on the referenced plan(s)is an area subject to jurisdiction under the Act. Removing, filling,dredging, or altering of the area requires the filing of a Notice of Intent. Fl 2a.The boundary delineations of the following resource areas described on the referenced plan(s) � are confirmed ao 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 oe long me this Determination isvalid. | � [l 2b.The boundaries of Wetlands Resource Area(s) and Buffer Zone(s) listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached ho this Determination orho the Request for Determination. � � � � � 3. Thewmrk described on referenced p|an(s) and dmm is within an area subject to � jurisdiction Linder the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of NnUoa of|nhaoL � Fj 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will � alter an Area subject to jurisdiction under the Act. Therefore, said work requires the filing of a � Notice ofIntent � � 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 bo the following municipal wetland ordinance orbylaw:ame Ordinance or � Bylaw °vummzvoc'rev.4x2/202 wpA Form u-Determination uxwwcamm 'Page 2 of � � Massachusetts Department of Environmental Protection � Bureau of Water Resources -Wetlands WPA Form 2 _~ Determination �� U~��^U~�� | — 'm-m- ' —'-'-� North Andover � MB8SaChUS8ttG Wetlands P[OfeCtiOD Act M.G.L. O. 131. G40 MunicipalityB. Determination (cont.) El 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: �l 7. If Notice ofIntent is filed for the work in the RiverhnntAnao described on referenced p|on/a> and dncumenKa). which includes all or part ofthe work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 1 O.58(4)(c) 2. for mnone information about the scope nf alternatives requirnmnento\: [l Alternatives limited to the lot on which the project is located. [] Alternatives limited to the lot on vvh|oh the project is located, the subdivided lots, and any � adjacent lots formerly nr presently owned bv the same owner, � | [] Alternatives limited tn the original parcel onwhich the project is located, the subdivided parca|u, any adjacent parcels, and any other land which can reasonably bmobtained within the municipality. [] Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Nobs: Nu further action under the Wetlands Protection Act is required by the applicant. However, if | the Department is requested ho issue o Superseding Determination of Applicability, work may not i 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 tothe Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of � thindocumenL � [| 1. The area described in the Request is not on area subject to jurisdiction under the Act or the Buffer Zone. [7 2. The work described in the Request is within an area subject to jurisdiction under the Act, but | will not remove, fill, dredge. nr alter that area. Therefore, said work does not require the filing of e Notice ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter on Area subject to jurisdiction 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 List ofSpecial Conditions" � [] 4. ThevvorkdesnhbedinUlmRnquest |snotwhhinonAreaauNenthzjuhadicUonundertheAc (including the Buffer Zone). Therefore, said work does not require the filing of Notice of Intent, unless and until said work alters an Area subject to jurisdiction under the Ant. � ~»morm2.om'mu4/1212023 wpx Form z-Determination m Applicability'Page umn � Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands L7-1 ��U�� ~� U��~��~�� K�U~��^U^�� - - - - - Form -- Determination' — ' Applicability North Andover, Massachusetts Wetlands Protection Act M.G.[ c. 131. §40 Municipality B. Determination (cont.) 11 5. The area described in the Request ia subject bn jurisdiction Linder the Act. Since the work described therein meets the requirements for the following exemption, ay specified in the Act and the regulations, no Notice of Intent |m required: _ _—, `_- ___—' ---_''-~---' provisions) � E] O. The area and/or work described in the Request is not subject hu additional review and approval by: � ame of Municipality Pursuant boa municipal wetlands' ordinance orbylaw. ame Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: Fl By hand delivery on By certified mail, return receipt request on May 4 2023 Date Dmha 7021 1970 0002 1297 9766 Certified Mail Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner as follows: OEP [l By eDEP DOA Submittal Platform (Attach this form and supporting documents) ByUSPSmail Fl 8y hand delivery K0e 4 2023 ��----------- omta Property Owner(if not applicant) F] By mail El By hand delivery Dam ou0e Massachusetts Department of Environmental Protection Bureau Qf Water Resources - Wetlands ��U�� ,� ��^��*^�� U~��~U~�� ~ ~ ^ ~ ~ Form~~~ �� Determination^ ~^ ^ Applicability~~^^^~� North Andover Massachusetts Wetlands Protection Act M.G.[ c. 131' §40 Municipality C, Authorization (cont.) 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 m(ahuh*o. ordinances, bylaws, orregulations. This Determination must he signed byo majority oftheComomn/aUpnCVmmisaiun. Aanotmdabovo. a copy must be sent tm the appropriate DEP Regional Office (see \ and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority Sl "'t Printed Name ignature Printed Name -§i-g—n�tu—re � Printed Name � Si�n�um Printed Name Si6natur""e 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 ionakoffices-by- ggMMunity)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 i municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the � Department ofEnvironmental Protection has no appellate jurisdiction. °»ammzao `rev.4ncso23 Wp^Form u-Determination m Applicability^Page nma