The URL can be used to link to this page

Home My WebLink About114 French Farm Road DOA Negative Determination - Permits - 114 FRENCH FARM ROAD 5/13/2026 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 114 French Farm Road,North Andover At the May 13,2026 public hearing,the North Andover Conservation Commission(NACC)voted to issue a Negative#3 Determination of Applicability approving the project at 114 French Farm Road,based on its findings below and subject to compliance with the conditions listed below. The work includes:Installation of 410 feet aluminum fencing around the perimeter of the backyard.TI-ds fence shall consist of one single gate and two double gates. One double gate shall be located in the rear to provide access, should anything go over the fence and need to be retrieved. All work shall be done by hand,and no dumpster or vegetation removal shall be required.The closest point of work shall be within existing lawn area,located just outside of the 25'No Disturb Zone associated with the Bordering Vegetated Wetland to the rear of the property. Distances to wetland were measured in the field by Conservation staff. The project shall conform to and comply with the following: Applicant: Jorden Ciruolo 114 French Farm Road North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: April 28,2026 Record Plans: Aerial image prepared by Conservation staff The following special conditions are mandated: 1. Prior to construction,erosion controls (8" straw wattle) shall be installed and staked according to the instructions of Conservation staff. 2. Wetland markers mounted on 4x4 pressure-treated posts or other weather-resistant material(cedar or granite posts) shall be installed along the entire edge of the 25-foot No Disturb Zone,evenly distributed at 30-foot intervals as approved in the field by Conservation staff. 3. No mowing or vegetation removal shall occur within the 25-foot No Disturb Zone. 4. A pre-construction site inspection shall be scheduled with the Conservation Department and the contractor to review erosion control installation and project scope 5. A post-construction site inspection shall be scheduled with the Conservation Department to verify compliance and approve removal of erosion control The applicant,and their contractors are advised that NO other work on the properly 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 changing the 114 French Farm Road Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 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 vegetation cutting/pruning.These activities shall be held to the current standards under the Bylaw and WPA. 114 French Farm Road 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 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): /� Jorden Ciruolo Name Name 114 French Farm Road wean Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code (203) 940-2581 Phone Number Phone Number jordencappiello@gmail.com Email Address Email Address(if known) 1. Project Location: 114 French Farm Road North Andover Street Address City/Town How to find Latitude 42,71750, --71.10700 and Lon-gttude 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 35 77 decimal-de_r fees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: 4-28-2026 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): Installation of 410 feet aluminum fencing around the perimeter of the backyard. This fence shall consist of one single gate and two double gates. One double gate shall be located in the rear to provide access, should anything go over the fence and need to be retrieved. All work shall be done by hand, and no dumpster or vegetation removal shall be required. Closest point of work shall be just outside of the 25' No Disturb Zone._ -- Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Aerial map with proposed work and wetland measurements 4-28-202 Title Date RDA with supporting materials 4-28-2026 Title Date Title Date wpaform2.doc•rev.4/12/2023 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 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). 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. 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. 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 wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability•Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ��y�� ^��~�D�� J��U^��^U^*xx � ~ ~ ~ ~ Form ~~ Determination~ �' ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Municipality B. Determination /C<JOf.\ [] 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 neQu|edinno at 10.58(4)(o) 2. for more information about the scope of alternatives requirenlento): [] Alternatives limited ho the lot on which the project io |ocoted. [1 Alternatives limited to the lot on which the project is |ocohad. Uleoubdk/idad |ot . andany adjacent lots formerly or presently owned bv the same owner. [l 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. [l Alternatives extend to any sites which can reasonably be obtained within the appropriate region nf 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 un|eeothaDepartmentfai|oioaotonauohnsquestvvithin35doyaofthe 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. F1 1. The area described in the Request io not an area subject to jurisdiction under the Act orthe Buffer Zone. �l 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 e Notice ofIntent. 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 Findings &Special Conditions*" |] 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 a|tona on Area subject to jurisdiction under the Act. Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands �� D�� °� �� K��^U��*^��U� �� K~��^U^txx � � ~ ~ ~ Form ~~ Determination- — ' Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, G40 Municipality B, Determination /cODf.\ [l 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 ofIntent is required: Exempt Activity(site applicable statutory/regulatory provisions) [] O. The area and/or work described in the Request is not subject to additional review and approval Name of Municipality Pursuant to a municipal wetlands' ordinance or bylaw. Ordinance or-Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: By hand delivery on F] By certified mail, return receipt request on 05-20-26 Date oaua .� Certified Mail Number Acopy of this Determination has been sent on the same dab*, considered the dabs of issuance, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner aafollows: DEP [l By eDEP DOA Submittal Platform (Attach this form and supporting documents) By USPS mail [] By hand delivery 5-20-2026 Date ouha Property Owner(if not applicant) [l By mail By hand delivery � Date Date °p"m,m2.o"°'rev.w12/20,a vVP^Form e-Determination o,Applicability'Page*m* Massachusetts Department of Environmental Protection Bureau Df Water Resources - Wetlands V�y�� +� ~~ ��*�`��~0��^�D�� J�k�K�U~��^U^*«m �° " �� Form =~ Determination� ~" ^ Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. C. 131, Q40 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, ondinanueo, by|avva. 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 and the property owner(if different from the applicant) on the same date that the Applicant io issued this Determination. Issuing Authority Signatures: Signature X Printed ame Printed Name t Sig�aidre Printed Name Pri9ted 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 ��urf&)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. nv°*""z.o".'rev.^1200023 WPA Form u-Determination"/x,n/=mov`Page omo