HomeMy WebLinkAbout24 Farnum Street DOA Negative Determination - Permits - 24 FARNUM STREET 11/12/2025 CONSERVATION DEPARTMENT
Commumt Development Division
NEGATIVE #3 DETERMINATION of APPLICABILITY
FINDINGS &SPECIAL CONDITIONS
24 Farr uin Street,North Andover
At the November 12,2025 public hearing,the North.Andover Conservation Commission(NACC)voted to
issue a Negative #3 Determination of Applicability approving the project at 24 Farnum Street,lased on its
findings below and subject to compliance with the conditions listed below.
The world includes: Removal of existing flag stone wall,to be replaced with a block retaining'Wall,the
installation of gra rite steps,and a paver walkway to the front entry. Machinery shall include a slid-steer and
mind-e c .vator. Machinery and materials shall be stored on paved driveway and no dumpster shall be
necessary.New retaining wall shall be 52 feet from wetland, and all work shall remain outside of the 25-f i t
No Disturbance zce None. Distances,to wetland were measured in the fief.by Conservation staff.
The project shall conform to and comply with the following:
Applicant: Antonio DeGirolamo
24 F'arnum Street
North Andover,MA 01845
Record Documents bequest for Determination of'Applicability Form 1,with supporting materials,
submitted: October 28,,20,25
Record Flans. Aerial image prepared by applicant
The follow i r s ecial conditions are mandated
1. Prior to any work,erosion controls (8"' mulch sock) shall he installed,as depicted in plan
prepared by Conservation staff.
2. An on-site pre-construction meeting shall be held with the contractor,homeowner and
Conservation staff.
3. Post-construction site inspection shall be held to verify compliance and approve removal of
erosion controls.
The a licant a��d them*contractors are advised that 1`O other wort,on the ro er that is within the 10 1-�
foot buffer zone is allowed under this permit. The 1" ACC has jurisdiction over all of the wetlands and
associated 10! F"oot buffer zones on site and any wort{that involves grounct disturbance or changing the
current conditions in these areas will re uire ermittin witl-.the NAC C.TI-ds includes but are not limited to
house additions Dols atios decks sleds fences arden beds landsca in and bridge installation h;ee or
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vegetation cuttin runin . i nese activities shall be held to the current standards under the Bylaw and WPA.
4 F arnum Street
Negative#3 Determination of Applicability—Findings&Special Conditions
Page I of 1
Massachusetts Department of' Envi ron mental Protection
Bureau of Water Resources - Wetlands
WPA Form 2 — Dtiter mi I nation of Applicability North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality.
Y:3
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):
tab Antonio DeGirolamo,
Name Name
24 Farnurn Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
617-913-55 '
Phone Number Phone Number
Antonio.DeG:irolaM0412@gmail.com
Email Address Email Address if known)
1. Project Location:
24 Farnurn Street North Andover
Street Address City/Town
to to find Latitude 42.65750 -71.09400
and Len gAude Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after
decimal e.g.XXXXXXX) decimal e.g.-XX.XXXXX)
and how to convert to Map 107 A Lot 24,
decimaLAg_qrees Assessors Map/Plat Number Parcel/Lot Number
2. Date Req,uest Filed:
October 28, 2025
13, 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):
Removal of existing flag stone wall, to be replaced with retaining wall block, the 'Installation of
1 1
grani,te steps and a paver walkway to the front rit entry. Mach"nery w*1 11 'Include a skid-steer and mini
excavator. Machinery and materials shall be stored on paved driveway,. No dumpster shall be
i
necessary., New retaining wall shall be farther from,the we�tla,n,d than the existing rock wall and all
work shall remain outside of the 25-foot No Disturbance Zone. Distances to wetland were, measured
in the field by Conservation, staff-with all work outs'lide the 5 " No wild Zone.
Title and Date or Revised Date if applicable) of Final Plans and Other Documents:
RDA with supporting materials October 2,8,12,0125
Title Date
Title Date
Title Date
wp,aform2.cloc rev.4/1,212023 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 Applicabil ity
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
B. Determination (cont.,)
The following Determinations) 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 fol'lolwing 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.,
2a. The boundary delineations of the following resource areas described on the referenced plans,
I
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.
El 2b. The boundaries of Wetlands Resource Area(s) and Buffer Zone(s) listed below are not
confirmed by th�is Determination, regardless of whether such boundaries are contained on the
plans attached to this Determination or to the Request for Determination.
El 3. The work described on referenced plans) 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.
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 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 Citatioln
wpaform2.d'oc rev,4/12/2023 WPA Form,2—Determination of Applicability-Page 2 of 5
Massachusetts, Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Form 2 — Determin licability North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
B, Determiniation (cont.)
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:
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 10.58(4)(c) 2. for
more information about the scope of alternatives requirements):
El Alternatives limited to the lot on which the project is located.
El 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.
El 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.
0 Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determ"Ination
Nolte: 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 3,5 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.,
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, fill, dredge, or alter that area. 'Therefore, said work does not require the filing of
a Notice of Intent.
Z 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).
**See attached document titled.- NEGATIVE#31 DETERMINATION OF APPLICABILITY
FINDINGS& SPECIAL CONDITIONS'
4. The work described in the Request is not within an Area subject,to jurisdiction under the Act
I
(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.4/12/2023 1PA Form 2—Determination of Applicability-Page 3 of 5
a a
mass achusetts 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.),
El 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/regulato�ry provisions)
B. 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:
El By hand delivery on, Z By certified mail', return receipt request on
November 20, 20251
Date Date
9589 0!1710 5270 0977 7287 51
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 Platformi (Attach this form and supporting documents)
By USPS mail E] By hand delivery
November 20, 2025
Date Date
Property Owner if not applilcant)
E By mail By hand delivery
IT
Date Date
wpaform2,doc-rev,4/1212023 WPA Form 2—Determination of Applicability-Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
W'PA Form 2 =- Determination of Applicabilmity
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 13,1, §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 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-
d eta ills/massdep-req ion a I-offices-by-comm u n ity) and the property owner if different from the applicant),
on the same data that the Applicant is issued this Determination.
Issuing Authority
Signatures: A A
f A/
..........
Signature Printed Name
I. ..............
G- 4b
Sign atu r P nted Name,
Printed Name
Signatur'
4/VN
Signature Printed Na�rsme
k\1
S "a I re Printed Name
igna—r"
Signature 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 hittps*://www.mass.gov/service-deta1Is/ i nl is ��,
cornmu!:ity)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 3101 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.
wpaform2.doc rev.4/28/2023 WPA Form 2—Determination of Applicability-,Page 5 of 5