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Home My WebLink AboutMiscellaneous - 505 FOREST STREET d cora • 4 Q� CONSERVATION DEPARTMENT Cotnmunity Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 505 Forest Street,North Andover At the February 22,2012 public beating the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for the removal of an existing in-ground pool and associated concrete decking at the above referenced address.Additional work includes final grading of fill material and loaning and seeding.Work is proposed approximately 30-feet from the edge of Bordering Vegetated Wetland (BV W)and within NHESP habitat Work shall comply with the following: Applicant/Owner. John Rayner 505 Forest Street North Andover,MA 01845 Record Documents: Form 1:Request for Determination of Applicability,received February 9,2012 Hand sketch by applicant over older As-Built plan. Enforcement Order dated February 27,2012 for unauthorized tree cutting Construction Conditions 3 The applicant shall place erosion controls in the form of staked haybales backed by trenched siltation fence between all work areas and the BV W. Once installed,the erosion control shall be approved by the Conservation Department. @' Prior to work commencing on the site,the applicant shall contact the Conservation Department for a pre- construction meeting with the contractor. Excess material and construction debris shall be properly disposed of offsite and stockpiled material shall be stored within erosion controls. ❖ The Conservation Department shall be contacted and notified of when the fust load of fill is expected to arrive, in order to inspect the fill being used. Post Construction Immediately following completion of the work and prior to the removal of erosion controls,any disturbed areas shall be permanently stabilized against erosion by hydroseeding with a tackifier. •3 Upon completion of all requirements,the Conservation Department shall be contacted to conduct a final site inspection.With the permission of the Conservation Department,erosion controls shall be removed. 8 Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5°/v),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. 1600 Osgood Street,Building 20,Suite 2-36,Nosh Andover,Massachusetts 01845 Phone 978.688.9530 Fu 978.688.9542 Web:htip://w .tounofnorthmdov".com/Pages/NAndoverMA_Comemtion/index Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer use use only the taConservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the John F. Rayner return key. Name Name 505 Forest Street n6 Meiling Address Mailing Address North Andover MA 01845 CityRown state ode City?own State Zip Code wd 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plan of Land February 9, 2012 Title Date Title Data Title Date 2. Date Request Filed: February 9 2012 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): Removal of an existing in-ground pool within the Buffer Zone to Bordering Vegetated Wetland Project Location: 505 Forest Street North Andover Street Address cityrnnvn Map106B Parcel 7 Assessors Map/Plat Number ParceltLot Number wmmnx.mc•o.mmvn.nm dayginwiy"d,.1a aw true Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD) 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 protection 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)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 resource areas 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 protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Nofice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will atter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 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 epar«M2.dov DelerMl VWMApMmblllly 1 re PaP 2m5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (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: ❑ 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. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ 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. ❑ 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. ❑ 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 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 to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2.The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the fling of a Notice of Intent. ® 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 protection 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 conditions ❑ 4. The work described in the Request is not within an Area subject to protection 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 protection under the Act. xya w2dm OererminMicn&Wkablliry-r 1 / N 3Nh Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5.The area described in the Request is subject to protection 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 statuatoryhegulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on )(by certified mail, return receipt requested on Date Date 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. A copy must be sent to the appropriate DEP Regional Office(see http://www.mass.gov/dei)tabout/region.findvour.htm and the property owner(if different from the applicant). Signatures a e_ cAl a �a71 id Date w Worm2dm-naemlnaflw akoirebiu,,-rw.to.Wuq Ppextl6 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 hftp:/Avww.mass.gov/dei)/about/region.findvour.htm)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. v�reaea•oe�am�nn�m mMp�®arb•rev.iosiw vewsms Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer,use Neme only the tab key to move your cursor- Mailing Address do not use the return key. Cityrrovm State Zip Code VQ Phone Number Fax Number(if applicable) Project Location w Mailing Address Chymown State ZiP Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cityrrown state Zip Cede Phone Number Fax Number('d applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4002 Boston, MA 02211 vCe�a,r3.Ex•Requesllor ngretlmen�sl Mlon Fee Tralemipel Fam rev.10.fV0! Pepe 1012 ElMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see http�//www.mass.gov/dei)tabout/regionffindvour.htm . 4. 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. eyerorm2.drc-Request M Deoartneotas Mlon Fro Transmittal Form.rev.10S Peaa2 mz