HomeMy WebLinkAbout- Permits - 422 WAVERLY ROAD 2/27/2019 (3) I
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CONSERVATION DEPARTMENT
Community Development Division
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NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
422 Waverly Road
At the February 27, 2019 public hearing, the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for after the fact approval of a generator
installation (on a concrete pad) at 422 Waverly Road,All proposed work is within existing lawn and
more than 40 feet from Bordering Vegetated Wetland (BVW).All of the work will conform to the J
following:
Applicants: Katrina M.Jensen
422 Waverly Road
North Andover,MA 01845 j
Record:Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: February 12,2019
Including: Application Checklist,Alternative Site Review,Plot.Plan,
Aerial Imagery, Site Photographs,Abutters Listing, Notification to
Abutters
Record flan: Title: I-Eghlighted Portion of Site Plan
Prepared by: North Andover Department of Public Works
Submitted: February 2019
Aerial Photo Map 422 Waverly Road
Showing Buffer Zone Mitigation and Wedand.Marker Locations
Date 04/29/201.7
SPECIAL CONDITIONS:
1. The applicant shall plant 3-4 native shrubs within the 25-foot No-Disturbance Zone of the
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BVW.
2. The applicant shall install 1 permanent pressure treated post with a wetland marker along the
25'No-Disturbance zone of the BVW.
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120 Main Street,North An over,Massxehusetts 01845
Phone 978.688,9 .30 Fax 978.688.9. 42
V"`pe1a:littp://,,v-,vov.northqndo,,,er.gov
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3. The applicant shall post wetland markers every 30 feet along the existing fence bordering the
BVW.
4. The applicant shaIl contact the Conservation Department for a final site inspection following
shrub planting and installation of wetland markers. f
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120 Xhiin Street,North Andover,Alassachusetts O�1845
Phone 978.688.9530 Fax 978.688.9542
Web:http:/J-,vNvru.noi:thauxdover,gov
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Farm 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 Town of North Andover ...........
computer, use _Conservation Commission
only only the tab
key to move To; Applicant Property Owner(if different from applicant):
your cursor-
do not use the Katrina M. Jensen . .....
return key. Name Name
422-Wrl Road
Mailing Address Mailing Address
North Andover MA 01845
City/Town
dt�a_te Yip Code CityrTown State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Highlighted Febrqa ry�2 P 19
AH .hted Portion of Site Plan
Date
Title
Aerial Photo-422 Waveqy Rqad 104/29/2017
Date
Title
Alternative Site Review February 1_2, 201_9
Title Date
2. Date Request Filed:
February 12, 2019
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):
Generator installed in the 50-foot No-Build Zone to a Bordering Vegetated Wetland.
Project Location:
422 Waverly Raod North Andover
Street AddressAddress City/Town
022,O 0095
Assessors MaplPlat Number Parcel/Lot Number
Page I of 6
wpaform2.dor Determhation of Appkcabiflty-rev.12114
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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
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B. Determination (cont.)
The following Determination(s) islare 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).
El 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.
F 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 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.
El 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 Notice of Intent.
4. The work described on referenced plan(s,) and documents) is within the Buffer Zone and will
alter 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).
EJ 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
wpaformldoc•Determination of Apphcability-rev.12/14 Page 2 of 5
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ILIMassachusetts 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.)
F1 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):
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.
n 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.
El 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.
F-I 1, The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
F1 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).
Work is approved after the fact. Planting of 3-4 native shrubs in the 25-foot No-Disturbance Zone
is required as mitigation for work in the 50-foot No-Build Zone,Wetland Markers shall be installed
_qn pasts 0�)r the exi�st fence every 30 feet. See attached.
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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.
Page 3 of 5
wpaform2,doc-Deter6nation of Applicabifity-rev.12/14
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of tand 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.gov/eea/agencies/massdep/aboutic_ontacts/) 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.
Page 5 of 6
wpaform2,doc•Determination of Applicability-rev.12114
ILIMassachusetts 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.)
El 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 an
the regulations, no Notice of Intent is required:
-Ex—e—mpt—Activity(-(site-applicable statuatory/regulatory provisions)
6. The area and/or work described in the Request is not subject to review and approval by:
North Andover
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission Chapter�178___—
Name Or&ance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
0by hand delivery on R(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:/Iwww.mass.l.ov/eea/agencies/massdep`/abo!it/contacts/)
and the property owner(if different from the applicant).
Signatures:
Date
vvpaforiT12.c1oc Determination of Applicability-rev.12114 Page 4 of 5
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee
Provided by DEP
Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
3. Street Address b.City/Town,Zip
G.Check number d.Fee amount
Important- 2. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
,cursor-do Cityrrown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
Name
Mailing Address
-;C�,tY—[Town state Zip Code
Phone Fax Number(if applicable)
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4. DEP File Number:
B. Instructions
1, When the Departmental action request is for(check one):
n Superseding Order of Conditions—Fee: $120,00(single family house projects)or$245(all other
projects)
0 Superseding Determination of Applicability— Fee: $120
0 Superseding Order of Resource Area Delineation —Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
-pafcrm2,dcc-Request for Departmental Action Fee Transmittal Form-rev.12114 Page 1 of 2
Massachusetts Department of Environmental Protection
F
Bureau of Resource Protection -Wetlands DEP ile Numbec
Request for Departmental Action Fee
Provided by DEP
Transmittal Form
Massachusetts ' etlands 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/eea/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.
wpaform2.duc-Request for Departmental Action Fee Transmittal Form-rev.12M4 Page 2 of 2