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Home My WebLink About190 Farnum Street DOA Negative Determination - Permits - 190 FARNUM STREET 5/19/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS 8r SPECIAL CONDITIONS 1.90 Farnum Street,North Andover At the May 19,2025 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative #3 Determination of Applicability approving the project at 190 Farnum Street,based on its findings below and subject to compliance with the conditions listed below. The work includes:The project entails construction of a 336 s.f. rear deck outside the 50' No Build Zone to Bordering Vegetated Wetland within maintained lawn. There will be twelve (12) new 10" diameter sonotube footings to support the deck. The project shall conform to and comply with the following: Applicant: Sergey Smirnov 190 Farnum Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: May 1, 2025 Seekamp Envirorunental Consulting, Inc. -Verification of Bordering Vegetated Wetland.Boundary at 190 Farnum Street,North Andover- dated April 22,2025 Record Plans: Deck Sketch 28'x12' The followings special conditions are mandated: 1. An on-site pre-construction meeting shall be scheduled with Conservation.Department staff and the contractor to review project scope. 2. Any excess soils from footing excavation shall be disposed of greater than 50 feet from the wetland or off site at an appropriate facility. 3. Schedule a post-construction inspection with Conservation Department staff when the work is complete to verify compliance with the approved plan **The applicant,and their contractors are advised that NO other work on the property that is within the 100-foot buffer zone 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 changin 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 tree or ve etation coffin runin Tlnese activities shall be held to the current standards underthe Bylaw and WPA. 190 Farnmii Street Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 1 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 M-un`ic`ip`ality--- L11 I 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): Sergey Smimov Name ---— ------- --------- Name 190 Farnurri Street rave Mailing Address Mailing Address North Andover,,, MA, 01846 CityfTown State Zip Code City/Town State Zip Code 617-334-3738 Phone Number Phone Number sergey.system@gmail.com Email Address Email Address(if known) 1. Project Location: 1, 90 Farnum Street North Andover' Street Address City/Town How to find Latitude and Cc 7r 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 107P Lot 10 de innal.j gLtfq . .. Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: ,May 1, 2026 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): Construction of a 336 sf rear deck outside the 50' No Build Zone to Bordering Vegetated Wetland 'Within maintained lawn. There will be twelve (12) new 10"diameter sonotube footing$to support the deck.,' Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 'RDA with supporing.attachrrients 65-61-26, .......... Title Date $eekamp I nvironmentall Consulting, Inc. Report 04-22-26, Title Date 'Deck Sketch-28'x12' Title Date wpaform2.doc•rev.411212023 WPA Form 2—Determination of Applicability-Page 1 of 6 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability worth Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cant.) 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).. 171 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 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 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. 171 4. The work described on referenced plan(s) and documents) 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 171 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: t Name Ordinance or Bylaw Citation wpaform2.doc-rev.411212023 WPA Form 2--neterminalion of Appkability-Page 2 of 5 Massachusetts Department of Environmental Protection L71� Bureau 0f Water Resources - Wetlands ��k�� ~� A��~��^�� U^��~U~�� _ _ _ _ _ Form __ Determination' — ' Applicability North Andover Massachusetts Wetlands Protection Act Wq.G.L. O. 131, Q40 munimpanty ------------------ B. Determination /c<]nf.\ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not Subject tn the Massachusetts Wetlands Protection Act: � L1 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\(u) 2. for more information about the scope nf alternatives rnquiraments>: El Alternatives limited to the lot un which the project ia |ocated. [1 Alternatives limited to the lot on which the project la |000tad. thaoubdivided |ot . andony adjacent lots formerly ur presently owned by the same owner. [l Alternatives limited bz the original parcel on which the project ie |ocabed, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality, [l Alternatives extend to any sites which can reasonably bo obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. Howemar, 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 bJthe Department and bz the Conservation Commission. Requirements for requests for Superseding Determinations are ||ohed 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. El 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not remove, fi||, dredge. or alter that area. Therefore, said work does not require the filing of o Notice ufIntent. 3. The work described in the Request in within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to jurisdiction under the Act. Theveho/e, said work does not require the filing of Notice of Intent, subject to the following conditions (if any). Pre-construction inspection with contractor and Conservation Dept, manage excess,soils outside 60' NBZ, post construction inspection with Conservation Dept, -see attached [� 4. The work described in the Request is not within on 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 on Area subject to jurisdiction under the Act. vn°m'mouv^'rev.w1ozo2n wx^Form 2-Determination w Applicability'Page vof 5 Massachusetts Department of Environmental Protection ILIBureau 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 (coat.) 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) Q 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of MunicipaIity 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: El By hand delivery on By certified mail, return receipt request on 0 -2 -25 Date Date 7020 1290 0001 477L 2541 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 Subbmltt l Platform (Attach this form and supporting documents) By USPS mail n By hand delivery Date Date Property Owner(if not applicant) By mail 171 By hand delivery Date Date wpaform2.doc-rev.4/12/2023 WPA Form 2—Determination of Applicability•Page 4 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 u„Icipa;t-__— C. Authorization (cant.) 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 statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. As noted above, a copy must be sent to the appropriate DEP Regional Office (see https://www.mass.gov/service- detai Is/massdep-req iona I-offi ces-by-com mu nit )and the property owner(if different from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority Signatures: T v S' P rikedNa ature g i me sign ture ,..� Prinked Na re Signature X r Pr'nked N� e el f.... � g _.. Si nature Pn ted N2w mp Signature _ � �_.... ,�� -. .. ... _ Pr ntt Name � e m Si...ne g tore Panted 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 la Tway !2L s,ggyu� u�ice—d eta iIs/rrassdep w gjlgru�a(.r�tifa��, byµ L,Q[n riwan, sty)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. wpaformMoc•rev.4/2 812 0 2 3 WPA Form 2—Determination of Applicability•Page 5 of 5