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Home My WebLink About40 Equestrian Drive DOA Negative Determination - Permits - 40 EQUESTRIAN DRIVE 5/24/2023 CONSERVATION DEPARTMENT Colninun ty Development Division Alyssa &Richard Trull 40 Equestrian Drive North Andover,MJk 01845 & P.J. DeBernardo Gibraltar Pools Corp. 435 Boston Street, Topsfield,TvIA O1983 May 30,2023 NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 40 Equestrian Drive,North Andover,MA 01845 At the May 24, 2023 public hearing,the North Andover Conservation Conunission (NACC)voted to issue a Negative#3 Determination of Applicability approving the project at 40 Equestrian Drive based on its findings below and subject to conditions listed below. The RDA application,filed by P.J. DeBernardo of Gibraltar Pools Corp. on behalf of the homeowners Alyssa&Richard"Trull, proposed the following project elements: An installation ofa 1.6' by 24' above-ground pool with a ledge and rail barrier within an existing lawn.The Cornrnission finds that the proposed pool is 63' from a bordering vegetated wetland, at its closest point based on the Conservation Adrninistrator's on-site rneasurements. The NHI SP deterinined that the property contained priority and estimated habitat for rare species, but is exempt from these regulations provided the applicant does not increase the size of the existing lawns or structures. Additionally, a wetland delineation performed by the homeowner's wetland consultant found no hydrology supporting the existence of a vernal pool within the wetland resource area. The construction site will be accessed from the driveway through the existing lawn on the south side of the property. A Bobcat utility vehicle measuring 62"wide will be used to perform the work and transport materials. The project shall conform to and comply with the following: Applicant: Alyssa&Richard Trull 40 Equestrian Drive North Andover,MA 01845 Represenative: P.J. DeBernardo Gibraltar Pools Corp. 435 Boston Street, Topslield, MA 01983 Record Doeunaents: Request for Determination of Applicability Form 1,with supporting materials, submitted: April 27, 2023 Record Plans: Email from Melany Cheeseman ofNFIESP, received: May 1.9,2023; Wetland delineation &follow up inspection reports prepared by Mary'I'rudeara, dated: February 1.6, 2023 &May 1.7, 2023; 40 Egrrestriarr Drive,North Andover Negative 93 Determination of Applicability—findings&Special Conditions Page l of 2 Annotated Acrial nrap showing proposed location of pool and measurements to wetland, Annotated photos showing construction site access details,received: May 23, 2023; Annotated as-built site plan showing construction access and location of pool. The following special conditions are mandated: I. Prior to work starting, erosion controls in the form of 8" rnulch filled sock shall be installed around the work area includingthe re length of the construction access, and a pre-construction site inspection shall be scheduled with the Conservation Department and the contractor to observe same and review scope of work and conditions of this permit, I Not less than ten (10)wetland markers shall be installed along the limits of the wooded area oil mature trees as approved by the Conservation Department. Markers are available for purchase at the Conservation. Department office in Town Hall. 3. Upon completion of all requirements,the Conservation Department shall be contacted to conduct a final site inspcction. ** Tile applicant, and their contractors are advised that NO other work_on the_prrooperty is allowed undcr this permit. The NACC lYas jjrrisdiction over all of the wetlands and associated 100-boot buffer zones oil site and any work that involves ��rourrcl disturbance or changi_ng_the current conditions in these areas will require permitting with the NACC, This includes but are not Iimiteci.:to_,._hatise additions,pools, patios, decks, sheds, fences, garden beds, landscavina and bridge installation,tree orvegetation cutting/ prunmg These_activities shall be held to the current standards under the Bylaw and WPA. Should you have any question or comments regarding the contents of this letter, please do not hesitate to contact the undersigned at 978.688.9530,Thank you for-your anticipated cooperation with this matter. Respc„rt ally, NO f ANDOVER C EItVA"PION DEI'AItTMENT Amy R. Ma4er Conservation Administrator 40 Equestrian Drive,North Andover Negative#3 Determination of Applicability- Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 ® Determination of Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mu nicip"aiiiy"........... A. General Information Important: When filling out From: farms 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): V P.J. DeBernardo Alyssa and Richard Trull Q Na--rn"o-" Name 435 Boston Street 40 Equestrian Drive 6 Address . . . ... ....... . ..................................... Mailing Address 6A Topsfield MA 01983 North Andover MA 01845 ;............6 ity/Town State Zip Code City/Town State Zip Code 978-887-2424 603-969-2881 Phone Number Phone Number peter@usaswim.com trull.alyssa@gmaii.com Email Address Email Address(if known) 1. Project Location: 40 Equestrian Drive North Andover Street Address City/Town How to find Latitude 42.64291 -71.04412 and Longitude -Latitude-(Decimal Degrees Format with 5-digits".......................... ....... 1-6—ngitude(Decimal Degrees Format with 5 after decimal e.g.XXXXXXX) digits after decimal e,g,-XXXXXXX) and how to convert to 105.D 135 dednial<f .grppS - Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: April 27, 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 16' by 24above ground pool, ledge, and rail barrier within lawn area. Pool will be 63 feet from BVW at closest point. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA with supporting attachments 04-27-2023 .Tii e Date Annotated Aerial and Photos 04-27-2023 Title Date See attached complete list of approved documents Title bl—aie------- wpafom)2.doc-rev.4/2812023 WPA Form 2—Determination of Applicability•Page 1 of 5 | � � � Massachusetts Department of Environmental Protection | Bureau Of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover ' Massachusetts VVefl8DdS [z[O18CtiOn Act M.G.L. C. 131. §40 B. Determination (cont.) The following Deturmi nation(m)iaWve applicable to the proposed site and/or project relative tmthe Wetlands Protection Act and regulations: Positive Determination Note: Nu work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal cf a Notice of Intent or Abbreviated Notice o/Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). Fl 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. 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 as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations � | regarding such boundaries forao long aa this Determination iavalid. � � � � 11 2b. The boundaries of Wetlands Resource and Buffer Zone(s) listed below are not | confirmed by this Determination, regardless of whether such boundaries are contained on the i plans attached to this Determination orhu the Request for Determination. ! | Fl 3. The work described on referenced plan(s) and document(s) is within an area subjectto jurisdiction under the Act and will remove,fill, dredge, or alter that area,Therefore, said work | requires the filing ofa Notice ofIntent. � [l 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will � alter an Area suN�o�toiuriadicUunund�rthoAc� Thar�foneowidvvurkroguinas��n�|in0of� � ' . , � Notice ofIntent Fl 5. The area and/or work described on referenced plan(s)and document(s) is subject to review � and approval by: Pursuant bu the following municipal vvoUandordinunceorbvlavv ^waurmz,do 'rev.wumomo wp«mrm 2-Determination u Applicability'Page zofu Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands L11 I A Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality -------- - ....— - . Determination (cone.) ❑ 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) 2.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. 17711 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 jurisdiction under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to jurisdiction 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 jurisdiction under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Erosion controls shall be installed, and a preconstruction meeting with the Conservation Department will be scheduled.Wetland markers shall be installed along the limits of the wooded area.A post construction meeting is required with the conservation department to confirm compliance. ❑ 4. The work described in the Request is not within an Area subject to jurisdiction 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 jurisdiction under the Act. wpaform2.doc•rev.4/2812023 wPA Form 2—Determination of Appficability-Page 3 of 5 L11Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands A Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municlpa�ity B. Determination (cunt.) 5. The area described in the Request is subject to jurisdiction 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 statutory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to additional 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 request on 05-30-2023 Date date 7021 1970 0002 1297 9841 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: DEP ® By eDEP DOA Submittal Platform (Attach this form and supporting documents) [JR-1 By LISPS mail By hand delivery 05-30-2023 ....._. ._......._. -- .......... - _... Date Date Property Owner(if not applicant) ❑ By mail ❑ By hand delivery Date Date wpaform2Aoc-rev.4/28/2023 wPA Form 2—Determination of Applicability•Page 4 of 6 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands �� K0� �� ^��~�� K�K�U^K��~K~��K - - ' ' ~ Form~^~ �� Determination^ ~^ ^ Applicability~-^^^~� North AndoverILI | Massachusetts Wetlands Protection Act M.G.L. C. 131, G40 municipality | C. Authorization (cont.) This Determination is valid for three years from the dohy of issuance r 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, bv|mvvs` or regulations. This Determination must be signed bva majority nfthoConsen/odonCommission. Aonotndabove. o copy must be sent ho the appropriate OEP Regional Office (see \nndthopro9ehyowner/ifdiffee+nthnmiheapp|ioonU on the same date that the Applicant is issued this Determination. '°""'"y°""'""ty Signatures: A,171 Sign t(W6 Printed Na ignature Printed Name Signature Printed Name Printed Na7 Signature Printed Name Signature Printed Narne 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 to issue a Superseding Determination of Applicability. The request most be made hy 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 rnail 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. � � | ",u"rmx^" ^rev.^nomn23 *rx Form z Determination m*pmGamtity'Page 5ws