The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 21 JETWOOD STREET CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 21 Jetwood Street, North Andover At the July 8,2015 public heating,the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for minor grading and installation of an above-ground pool with a cartridge style filter system within the Buffer Zone to Bordering Vegetated Wetland(BV W). All proposed work is outside of the 25'No-Disturbance Zone and 50'No-Build zone.All disturbed areas will be loamed and seeded upon completion of the project.The project will conform to the following. Applicant/Homeowner. Paulo Reis 21 Jetwood Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials,received:June 26,2015 North Andover MIMAP Aerial Photo Titled:21 Jetwood Street with hand sketch including wetland delineation Dated June 26,2015 SPECIAL CONDITIONS 1. The contractor/homeowner will contact the Conservation Department to schedule a preconstmction meeting to approve the proposed pool location. 2. Excavated or extra soils shall be properly disposed of either off-site or more than 100'from the wetland resource area on-site. 3. A non-backwashing, cartridge style filter will be installed for the pool. Draining of pool water is not permitted directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw (mcluding catch basins). 1600 Osgood Street,Suite 2035,North Andover,Massachusem 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://w .wo ofnorth=dom.c /Pages/NAndove MA_Cmsc vision/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 only the t Conservation Commission a key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Paulo Reis return key. Name Name 21 Jetwood Street VQ Mailing Address Mailing Address North Andover MA 01845 FA CityRown State Zip Cotle City/rown State Zip Cade 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: North Andover MIMAP-21 Jetwood Street June 26,2015 Title Date TNe Data Title Date 2. Date Request Filed: June 26,2015 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 an above ground pool within the Buffer Zone to Bordering Vegetated Wetland Project Location: 21 Jetwood Street North Andover Street Address City?own Map 11 Parcel 11 Assessors Map/Plat Number ParoeVLot Number xye/vmz me.ONemin W w M PypoaUry•rev.1 V 14 Ppe1 N5 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. ❑ Altematives 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 owners 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 filing 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). ❑ 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 fling of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. xyaf dw.Detmine nWfppil` lti—rw tvi< reoeaas 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 http�//www mass aov/sealacencies/massdeo/about/contacts/find the massdeo-regional-office-for-your-city-or-town html)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. wp W2b 'Del InafiW&Apphi lty-mv.12114 P,0505 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number Request for Departmental Action Fee Transmittal Form Provided by DEP 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 htti)'//www.mass.govieea/agencies/massdep/about/contacts - 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. v.Mfa,rtQ.bx•Rea,e&MD[pbrcnlel I wF�Tr mmftl Fa -m 12115 Pp2d2