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Home My WebLink About122 Millpond DOA Negative Determination - Permits - 122 MILLPOND 5/24/2023 CONSERVATION DEPARTMENT Community Development Division Thomas Zahoruiko Zeudko LLC, 4 High Street, Suite 201, Nortli Audover, MA 01845 May 30,2023 NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 122 Millpond,North Andover,MA 01845 At the May 10, 2023 and May 24, 2023 public hearings, the North Andover Conservation Commission (NACC)reviewed the RDA application, and at the May 24t1r meeting,voted to issue a Negative #3 Determination of Applicability approving the project at 122 Millpond based on its findings set forth below and subject to conditions listed below. The RDA application, filed by Tomas Zahoruiko of Zendko I.,I.,C., proposed the following project elements: The project entails demolition of existing tennis courts, gravel driveway, raised garden beds and construction of two new 2-family townhomes with associated appurtenances on a—0,81 acre site. The wetland resource consists of a BV W located across Stevens Street that projects the 100-foot BZ onto the subject site. Work within the BZ(between 50' and 100' from the wetland) includes demolition of one of the tennis courts, loaming and seeding a majority of that. footprint, and construction of one of the units that will have a small cornet protruding slightly into the 100' BZ. A construction entrance, dewatering and stockpile area are outside the BZ, and perimeter erosion controls are proposed. The Storrnwater Report indicates a post construction reduction of impervious surface by 6,500 s.f. -+-/- and overall reduction of peak flows in the 2, 10 and 100-year storm events. A rain garden (out of BZ) is proposed between the units, designed to take the first 1" of roof runoff. `The Planning Board endorsed and ANR in January 2023 and the ZBA issued an approval for a Special Permit to construct multi-family housing in this zone in May of 2023. The project shall conform to acid coinply with the following: Applicant: Tlrotnas Zahoruiko Zendko LLC. 4 High Street, Suite 201, Nortb Andover, MA 01845 Record Documents &Plans: Request for Determination of Applicability Form 1,with supporting materials, submitted: April 27,2023 Site Plan Set Im a Residential Development, sheets 1,4, 5, &6 dated April 10, 2023, prepared by Civil Design Group, 1.1,C, signed and stamped by Philip Henry, PE Existing Conditiotrs Survey, prepared, signed and stamped by Scott L'ltahetr, PLS dated December 1.5,2022 :Site Demolition and Erosion Controls Notes and Cotrstructim Details, sheets 3 &7 date revised: May 12, 2023 Approval Not Required Plat? of Lattd—prepared by GPI, dated December 15,2022 sighed and stamped by Scott L'1talim 122 Millpond,North Andover Negative 113 Determination of Applicability---Findings&Special Conditions Page 1 of 2 Site and Stormwater Narrative with Stormwater calculations and checklist dated February 7,2023 —prepared by Civil Design Group, LLC, signed by Philip Henry, PE The folluvvinf4 sl)ecial conditions are mandated: 1. A pre-MlStl'LlCti011 meeting with the applicant,contractor, engineer and wetland consultant (erosion control monitor) shall be held with the Conservation Department to inspect installed erosion controls,construction entrance and other site control BMPs, as well as review the proposed plan. 2. Erosion Control monitoring by a qualified wetland consultant or engineer shall be conducted after 1/2" rain events to ensure all erosion control BMP's are functioning and being maintained properly. The EC Monitor shall provide a report to the Conservation Department within 48 hours of said rain and monitoring events. 3. Upon completion of all requirements,the Conservation Department shall be contacted to conduct a filial site inspection.The conservation department will determine site stability and give permission for erosion controls to be removed. The_a licatit,and their contractors are advised that NO other work on the vro ei-tv 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 ground disturbance or changing the current conditions in these areas will rec�ui_re,PeriYlitting with. the NACC.This includes but are not limited to,house additions, pools, patios,decks, sheds, fences, gar(.ienbeds landscapjng,jild brLdj;e installation, tree or vegetation Cllttillg/L)ftltling. 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. Res tfully, NO1i.-1-1 ANI)QVE CONSERVATION DEPARTMENT ki'lly R. Mier Conserval ion Administrator 122 Millpowl,North Andover Negative 10 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands A Form Determination of Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nlurllcipality- -......_... ---_ _.... --------------- ----------------- A. General Information Important: When filling out Frorn: 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): rs Thomas Zahoruiko Zendko LLC Mary Ann Gillen - Millpond HOA — . ...... _ ------ -- Name Name 4 High Street, Suite 201 122 Millpond rare Mailing Address Mailing Address North Andover MA 01845 North Andover MA 01845 Clty/Town State zap Code City/Town Stake........ Zip Cade 978-852-4002 978-337-7297 ----------------- ............... Phone Number Phone Number tzeke@comcast.net Email Address Email Address(if known) 1. Project Location: 122 Millpond North Andover Street Address City/Town How to find Latitude 42.69427 -71.11097 and Lo n its _.._.._ _-- Latitude(Decimal Degrees Format with digits Longitude(Decimal Degrees Format with 5 after decimal e.g.XX.XXXXX} digits after decimal e.g.-XX.XXXXX} and how to convert to 95.A 122 dedi-nalde rees Assessors Neap/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); The demolition and removal of exisitng tennis courts, gravel driveway, and raised garden beds. Followed by the construction of two new 2-family townhouses and all appurtenances. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA application, narrative and associated attachments 04-27-23 Title Date Site Plan Set 9 sheets, prepared by Civil Design Group, LLC 04-10-23 &05-12-23 Title Date Site &Stromwater Narrative, Stormwater Calcs, Civil Design Group, LLC 02-07-23 Title- Date wpaform2.doc•rev.4/28/2023 wf'A 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 Wetlands Protection Act M.G.L. c, 131, §40 Municipality 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) 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. El 2a. The boundary delineations of the following resource areas described on the referenced plans) 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 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 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 jurisdiction 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 jurisdiction under the Act. Therefore, said work requires the filing of a Notice of Intent ❑ 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 vrpaform2.doc-rev.4/2 8120 2 3 wPA Form 2—determination of Applicability-Page 2 of 5 � � � Massachusetts Department of Environmental Protection � Bureau Of Water Resources - Wetlands � Ll ��U�� ~� ��^��t^�� U~��~U~t� i ' - -- Determination— ' Applicability—'-'�� North Andover Massachusetts Wetlands Protection Act M.(�.L. C. 131. §40 B. Determination (cont.) E] S. 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: El 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 1O.58(4)(c) 2. for more information about the scope mf alternatives naquirementn\: E] Alternatives limited to the lot on which the project is located, El A|ba[Oed|vge limited to the lot on which the project is |ouabad, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. �l Alternatives limited tn the original parcel on which the project|o |ooated, thooubd|vidod parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. E] 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|mrequested tu 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|e post-marked for certified mail or hand delivered tothe 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. El 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, fiU, dredge, or alter that area. Therefore, said work does not require the filing of � a Notice ofIntent. � � IN 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 ofo Notice of Intent, subject tothe following conditions (if ony\. Applicant shall notify the Conservation Department prior w the start of work,and apmoonntmoUon meeting with the Conservation Department will ma scheduled.Erosion control monitor by a qualified professionalahaUbod*nvxKore112r rain event or greater.A post construction meeting with the Conservation Department tn verify compliance ierequired. rl 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. ~paurm2.dm'^6.4128u023 WPA Form u-Determination w Applicability'Page ou: Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Le I FormDetermination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cone.) 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 statutorylregulatory 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: 171 By hand delivery on 0 By certified mail, return receipt request on 05-30-2023 Date Date 7021 1970 0002 1297 9858 al 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 171 By eDEP DOA Submittal Platform (Attach this form and supporting documents) nn By USPS mail E:1 By hand delivery 05-30-2023 Date --...... ... Date Property Owner(if not applicant) no By mail ❑ By hand delivery 05-30-2023 Date Dake wpaform2.doc-rev.4/2812023 wPA Form 2—Determination of Applicability Page 4 of 5 Massachusetts Department of Environmental Protection Bureau 0f Water Resources - Wetlands ��N�� .� ��~��~�� U^��~U~t� � - - ' - ~ Form^~~ ~~ Determination^ ~^ ^ Applicability~~^~~�� North Andover Massachusetts Wetlands Protection Act M.G.L. 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, eboto. or local ,totubya. ordinances, bylaws, orregulations. This Determination must ba signed bvam 'ohbyoftheConsenxnUon [bmmission. Aonnh*debnvn^ o copy must be sent k>the appropriate [)EP Regional Office (see )and the property owner(if different from the applicant) on the same date that the Applicant ia issued this Determination. | Signatures: / Signature Printed Nane Sign Printed Name tu Signa re Printed Name Printed i4atiie Printed 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 ka(obe done, or any ten residents of the city or town |n which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see coOMgrILit 1)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 rnail or hand delivery to the Conservation Commission and to the | applicant if he/she ia not the appellant. The request shall state clearly and concisely the obiactinnm(o | the DeierminmUonwhich is being appealed. Tm the extent that the Determination inbased objections ! municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the � Department of Environmental Protection has no appellate jurisdiction. � � wnm^rmU^ 'rev.4muuom Wrx Form z-Determination mxp**aNi*^Page vao