HomeMy WebLinkAbout- Permits - 105 HILLSIDE ROAD 9/8/2021 0
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
105 Hillside Road, North Ariclover
At the September 8,2021. public hearing,the North Andover Conservation Commission(NACC)
voted to issue a Negative Determination of Applicability for installation of a generator within an
existing paver patio at 105 Hillside Road.The new generator will receive a poured concrete pad for
stability,but this work would be contained within the patio area. A window at the back of the house
on the lower basement level in this area will be removed and blocked off for code compliance
purposes.The generator will be at least 26 feet from the bordering vegetated wetland at its closest
point per on-site measurements by Conservation Staff. All other locations bring the generator either
closer to the wetland,in an area that is upslope to the wetland and well vegetated requiring
vegetation removal and grading,or too close to the roadway or too close to front windows/doors. A
waiver request was submitted and the Corrunission found all other alternatives to result in more
impact to the buffer zone. The project will conform to the following:
Applicant: Alan Awerman
105 Hillside Road
North Andover,MA 01.845
Record Documents: Request for Determination of Applicability Form 1,Project description,
abutter notification, a copy of filing fee check,waiver request form,
submitted: August 25,2021.
Record Plans: Plot plan outlining proposed generator location
Aerial G1S map showing location of proposed generator and
measurement to wetland.
**The applicant,homeowner and their contractors are advised.that NO other work on the property is
allowed Yonder 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 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/prunixng. These activities shall be held to the current standards under the
Bylaw and WPA.
The following Special Conditions shall be complied with:
Page 1 q(�2
Determination of 11pplicability with Conditions
105 Hillside.Road
------------__
120 Alain Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
www.northandoverma.gov
SPECIAL.CONDITIONS:
'I. A pre-construction ii-teeti-ng and inspection of the erosion controls shall be scheduled with the
Conservation Departi-nent,
2. All discarded patio block and any cement waste shall be removed from the site and disposed of
properly.
3. A post-construction inspection shall be held with the Conservation Department to verify
complia-tice.
Page 2 of
Delermination of Applicabilify wilh Conditions
105 Hillside Road
120 Main Street,North Andover,IMassitchmetts 01845
Phone 978.688.9530 Fax 978.688.9542
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4
Massachusetts Department of Environmental Protection
Bureau 0f 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 From:
forms mnthe
North Andover
compamr, una
only the hyb -----� -----
key to move To: Applicant Property Owner(if different fromapp|icanU:
your cursor
do not use the AJanAwe[noan
return key. Name Name �------
1O5Hillside Road
Mailing Address Mailing Address
North Andover MA 0184�
&tiff own �m�- S�tatee — -Zip—Cde
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~---�--� 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plot Plan annotated to show proposed generator location Rcvd 08-26-21
Title Date
RDA a U U with associated narrative dattachments Rovd 08'20-21
Date
Aerial G|8 showing location f proposed aenerat _&rneasurementtoB\8N
Title Date
2. Date Request Filed:
B. Determination
Pursuant totheauthority 31. §4O the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if app|icab|a):
The projectinvn|vesinetm||edinnnfmgeocrakorw|thinaoex|otingpoveroat|o. Thenmwgenenahorvi||
receive m poured concrete pad for stability, but this work would be contained within the patio area. A
window at the back of the house on the lower basement level in this area will be removed and blocked off
for code compliance purposes. The generator will be at least 26 feet from the BVW at its closest point per
on-site measurements by Consevation Staff.
Project Location:
105 Hillside Road North Andover
Street Address '
rrown
Map 98C bot53
ssors Map/Plat Number Parcel/Lot Number
vtpmmrmuu" 'Determination m Applicability'rev.unu12no Page imo
4
Massachusetts Department of Environmental Protection
ILIBureau Of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131' G40
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 uf 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).
Fl i. 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.
[l 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 ou long ao this Determination |ovalid.
Fl 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. Thevvnrkdesohbmdonre0amannedp|on/a> ooddnoument(o) imw|thinongreaouNenttn
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of Notice of Intent.
Fl 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Thenafora, said work requires the filing of
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:
Pursuant to the following municipal wetland ordinance or bylaw:
4
Massachusetts Department 0f Environmental Protection
U[8GUOf Resource Protection - Wetlands
WPA Form *D — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[ C. 131. §40
B. Determination (cont.)
[| 0. The following area and/or work, if any, is subject hoe 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)r. for more
information about the scope of alternatives requirernanta):
Fl A|tcnnodivao limited ho the lot on which the project is located.
[| Alternatives limited b/the lot on which the project is |nnatmd, the subdivided lots, and any
adjacent lots formerly or presently owned bv the same owner.
|| Alternatives limited to the original parcel on which the project|a |ooabad' thmaubdivided
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
om this project unXoasthnDepartmentfoi|stnmctonsuohrequestwith|n35 days nf 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 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 namove, f|||, dnadge, or alter that area, ThonyfVrm, said work does not require the filing of
Notice ofIntent.
3. The work described in the Request is within the Buffer Zone, as defined in the n*gu|mtiVnn, 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 S i |CondiU of |°°
[l 4. The work described lu the Request ie not within mn Area subject hz protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
°pm",m2.uoc^Determination of Applicability'mmano/2v20 Page omo
4
Massachusetts Department of Environmental Protection
Bureau 0f Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.[. C. 131, G40
B. Determination (cont.)
[] 5. The area described in the Request ka subject ho protection under the Act. Since the work
described therein meets the requirernents for the following exemption, as specified in the Act and
the nagu|eUonm. no Notice nf Intent|m required:
F] 0. The area and/or work described in the Request is not subject to review and approval by:
Name Of MUnicipality
Pursuant too municipal wetlands ordinance orbylaw.
C. Authorization
This Determination is issued ho the applicant and delivered aafollows:
Fl by hand delivery on H by certified mail, return receipt requested on
September 18 2821
ou� 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 Plon). This Determination does not
relieve the applicant from complying with all other applicable fodmra|, state, or |000|otatutes, ordinoncgm,
by|avvm. or regulations.
This Determination must be signed bya majority ofthaCoDoe[VaUonCVOD0|gsion. Ac0pyr8VstbgseDftn
the appropriate DEP Regional Office (see
) andthepropertyVvvner(ifdlfferenthonntheapp|icant).
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4
Massachusetts Department of Environmental Protection
Bureau 0f Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. C. 131. §40
C. Authorization (CODt]
Signature Printed Nam,
Printed Name
u Pr ted Nam
Ig Printed Name
ignature Printed Name
Signature Printed Name
Signature rinted Name
Signature Printed Name
D, AppeaUs
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
ProtectionRegional Office (
liftps�//www,niassqov/service--deta'i�s/massdep-regiona�-o_ffices-by-
C.OMMU11(ty.) 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 (mmm
Request for Departmental Action Fee Transmittal Form) as provided in 310 CKAR 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 basent by certified mail nr hand delivery to the Conservation Commission and iothe 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 mrregulations, the Department
of Environmental Protection has no appellate jurisdiction.
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