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Home My WebLink About40 Duncan Drive DOA Negative Determination - Permits - 40 DUNCAN DRIVE 12/13/2023 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 40 Duncan Drive,North Andover At the December 13,2023 public hearing, the North Andover Conservation Commission(NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 40 Duncan Drive based on its findings below and subject to conditions listed below. The work includes the installation of a new 1,500-gallon septic tank, 1,000-gallon pump chamber and 20' x 30' leaching field. All work will be conducted greater than 50' from the BVW associated with Lost Pond.The leaching field is proposed outside of the 100' buffer zone to BVW. Given the existing plumbing exits the house within the buffer zone,the connection to the septic tank and pump chamber are proposed approximately 60'from the edge of BVW within existing lawn areas. All work is proposed within areas that are currently maintained as lawn and/or landscaped areas. The RDA application,filed by Williams &Sparages, on behalf of the homeowners Karen L&Shelly Mello was filed in response to an Enforcement Order (EO). The EO was issued due to extenuating circumstances that when the Board of Health permit was applied for by the design engineer, the septic system installation season was soon closing and upgrade was required as the property was under transaction and the current owner needed to vacate the property by the end November. The existing septic system was experiencing failure, and is in close proximity to Lost Pond and surrounding Bordering Vegetated Wetlands. With the Conservation Corm-nission Chairman's authorization an EO was issued to allow Breen Excavating to begin work pending the submittal of a Request for Determination of Applicability. Erosion controls (12" mulch sock) were installed per the plan and monitoring has been on-going with no issues reported to date. The system was installed within a week's time and received a CofC from the Board of Health. A the December 13, 2023 meeting the NACC voted to lift the Enforcement Order and issue this Determination of Applicability which will now govern the project per the required conditions below. The project shall conform to and comply with the following: Applicant: Karen&Shelly Mello 40 Duncan Drive North Andover,MA 01845 Owner: Town Long Stables, LLC 24 Shasta Drive North Reading, MA 01864 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: November 30,2023 Record Plans: Plan of Subsurface Sewage Disposal System 40 Duncan Drive Negative#3 Determination of Applicability—Findings&Special Conditions Page I of 2 Prepared by Merrimack Engineering Services Signed and Stamped by Vladimir Nemchenok Scale 1"=20', Revision dated October 23,2023 The following special conditions are mandated; 1. Existing erosion controls shall be maintained and NOT removed until the Conservation Department provides its approval upon satisfactory stabilized conditions. 2. Erosion control monitoring shall continue after rain events of 1." or greater until such time that the Conservation Department approves cessation. **The applicant,owner,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 ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes,but are not limited to,house additions, pools,patios, decks,sheds,fences, garden beds, landscaping and bridge installation,t ee or vegetation cutting,/prutaing. These activities shall be held_to the.current standards under the Bylaw and WPA. 40 Duncan Drive Negative 0 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 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): Karen & Shello Mello Town Long Stables, LLC VQ - a 11 me Name 40 Duncan Drive 24 Shasta Drive Mailing Address Mailing Address North Andover MA 01845 North Reading MA 01864 City/Town State Zip Code City/Town State Zip Code 978-837-8307 Phone Number Phone Number mello1231@aol.com Email Address Email Address(if known) 1. Project Location: 40 Duncan Drive North Andover Street ireet-Address. .. . City/Town Howl1o.-fi-nd Latitude 42.67160 -41.05200 and Lon-gitgde 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 Map 62 Lots 8 &22 Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: November 30, 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 new 1,500-gallon septic tank, 1,000-gallon pump chamber and 20' x 30' leaching ............... ...........__11--——------ ............... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Subsurface Sewage Disposal System, Merrimack Engineering October 23, 2023 Services, scale V=20' Date — ............ ...... RDA application and associated attachments --- Rcvd 11-30-23 Title _6ite ---— Title Date wpaform2,doc rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection | i Bureau Df Water Resources - Wetlands ��V�� o�� _ ��*��~��~�� A^��^U~�� _ _ _ _ Form -- Determination' — -- Applicability--'-� North Andover ILI Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 � B. Determination (cont.) The following is/are applicable to the proposed site and/or project relative to the VVeUendo 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 fq||ovvinO submittal of a Notice of Intent or Abbreviated Notice of|nband 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 jurisdiction under the Act. Removing, filling, dredging, or altering o[the area requires the filing ofa Notice cfIntent. [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 for ao long as this Determination is valid. 1771 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 or0o the Request for Determination. � 171 3. The work described on referenced plan(s)and document(s) is within an area subject to ! jurisdiction under the Act and will remnva, fiU, dredge, o,alter that area. Tberefore, said work � naquinaa the filing of Notice of Intent. El 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 171 5. The area and/or work described on referenced plan(s)and document(s) is subject to review � and approval by: Purmuanito the following municipal wetland ordinance or bylaw: Mnmm Ordinance ur Bylaw Citation °pamrmc.m"'rev.4nz000 wpx Form 2-Determination m*wmmmn*'Page cmv � Massachusetts Department of Environmental Protection � Bureau 0fWater Resources - Wetlands ��0�� ~� U��^��^�� K��DK~��^U~�� - - - - Form -- Determination- — ' Applicability—'''-� North Andover ILI Massachusetts Wetlands P[OteCƒiOD Act M.G.L. O. 131` §40 unicipality B. Determination (cont.) � [� 6. The following area and/or work, if any, is subject toa municipal mdinanceo" bWawhut not | subject tn the Massachusetts Wetlands Protection Act: � || 7. |fa Notice of Intent io filed for the work in the Riverfront Area described nn referenced p|an(a) | ` ' � and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer ho the wetland regulations at 10.58/4Vo) 2. for more information about the scope of alternatives requirernenba\: | [] Alternatives limited to the lot nn which the project is located. Alternatives limited (o the lot on which the project ks |ooahod, thesuhdivided |nts, andany adjacent lots formerly or presently owned bv the same owner. [l Alternatives limited to the original parcel on which the project is |ooated^ thenubdivided 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 appUoomL However. if � the Department |e requested to issue Superseding Determination nf Applicability, work may not | proceed on this project un|esathoDeportmanthai|stnoctoneuchnequeotwithin35doymofUho 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 |iabod at the end of � this document. � [l 1. The area described in the Request is not an area subject to jurisdiction under the Act or the / Buffer Zone. / El 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 ofIntent. � 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter en Area subject to jurisdiction under the Act. Thenafore, said work Uoaa not require the filing of Notice of|nbent, subject to the following conditions (if any), � ^°Gea Attached Conditions ofApproval" ' � [] 4. The work described in the Request is not within anArea subject to jurisdiction under the Act (including the Buffer Zone). Therefore, said work does not require the filing Vfa Notice ofIntent, un|anm and until said work alters an Area subject to jurisdiction under the Act. "n*°mc.m='rev.w,zaon vma Form,-Determination o/Applicability^Page u"/o Massachusetts Department of Environmental Protection Bureau Of Water Resources -Wetlands i L:i ��U�� o�� .� U��~��^�� ~��~D~�� . _ _ _ _ _ Form _- Determination- — ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131. §40 Municipality B. Determination (cont.) E] 5. The area described in the Request|e Subject ho jurisdiction under the Act. Since the work | described therein meets the requirements for the following exemption, as specified in the Act and the regulations, nn Notice of Intent imrequired: �7 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of Municipality Pursuant too municipal wetlands' ordinance mrbylaw. | � Name Ordinance m Bylaw Citation � C. Authorization � � This Determination is issued to the applicant and delivered as follows: | / F� � �� on � �� mail, n�m receipt r�ua�� i __ ^ ^ ~~ ' � 12-18-23 ,"= ,"e / 7021 1970 0002 1297 9278 Certified Mail Number A copy ofthis Determination has been sent on the soma date, considered the date of issuance, to the � appropriate OEP Regional Office and the property owner(if not the ap9Uomnh in the manner as follows: � � DEP � | Fl By eDEP DOA Submittal Platform (Attach this form and supporting documents) | By USP8noai| [l Bv hand delivery 1248-23 Date Date Property Owner(if not applicant) � 0 By mail [l By hand delivery °vamrm2.voc'rev.4o2)mz Wrx Form u-Determination a Applicability,Page 4wm Massachusetts Department of Environmental Protection � Bureau nf Water Resources - Wetlands WPA Form 2 — Det��~��t~�� U~��~K~�� Determination Applicability North AndoverILI � Massachusetts Wetlands Protection Act M.G.L. c. 131' �40 _ M� _a-I. � 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 cf the P|an). This Determination does not relieve the applicant from complying with all other applicable federal, shaha. or local ahahubam, ordinancem, bv|avvo' or regulations. This Determination must be signed bya majority of[he Conservation Commission. As noted above, m copy must be sent to the appropriate 0EP Regional Office(see and the property owner(if different from the applicant) nn the same date that the Applicant |a issued this Determination. � ssuing Authority Signatures- Sinhlilftlre Printed Si ' u Printe7a7e �nvw"= P Name � ~~ � Signature Ph Signature Printed Name 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 Offi ( � z�community) ^` issue~Superseding Determination "' Applicability. The request must"= made "x � 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 imnot 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 nn appellate jurisdiction.