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Home My WebLink About- Permits - 14 LORRAINE AVENUE 11/22/2021 CONSERVATION DEPARTMENT Conitxnzznity De\,elopment Division. NEGATIVE DETERMINATION OF APPLICABILITY FINDINGS &SPECIAI...CONDITIONS 1.4 Lorraine Avenue North Andover At the November 22,2021 public hearing, the North Andover Conservation Conuunission (NACC) voted to issue a Negative#3 Determination of Applicability for the installation of a generator withal an existing lawn area at 14 Lorraine Avenue. The new generator will receive a prefabricated concrete pad for stability,all gas piping and wiring will be routed above ground and through the existing garage, and because the area is level,no ground disturbance will occur. The generator will be at least 25 feet from the bordering vegetated wetland at its closest point that will be verified by on-site measurements by Conservation staff. All other locations bring the generator either closer to the wetland,would require trenches to be dug, or would not meet building codes. A waiver request was submitted, and the Commission found all other alternatives to result in more impact to the buffer zone. The project will conform to the following: Applicant: Mr. &Mrs. David&Brenda Kindred 14 Lorraine Avenue North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1.,Project description, abutter notification, a copy of filing fee check,waiver request form, submitted: November 4,2021 Record Plans: Plot plan showing wetland line &buffer zones, annotated to show proposed generator location The following Special Conditions shall be complied with: 1. A pre-construction meeting shall be scheduled with the Conservation Department. 2. The generator shall be no closer than 25-feet from the edge of the wetland and measurement by Conservation staff shall verify same. 3. A post-construction inspection shall be held with the Conservation Department to verify compliance. **The applicant,homeowner: and their contractors are advised that NO other work on the property 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 current conditions ire 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 render the Bylaw and WPA. 120 Main Stre€t North Andover,Massachusetts 01845 Phone 978.688,9530 Fix 97€3.688.9542 ,,w,xvtiv.cx(,rr th,,i iid o%,erm,,a.gov 4 Massachusetts Department of Environmental Protection ��Uo�GU0f �8�OU[C� P[Vt�[�i�O ' ��t��O�S ��U�� Form 2 — U�eter00~nat~��n ��f Applicability Massachusetts Wetlands Protection Act M.G.L. C131, @40 A, GeneraUUnfor00at^on Important: When filling out From: forms onthe North Andover computer, use ission mdythe tab Conservation— - ----- key h»move To: Applicant Property Owner(if different from 000UuonU: your cursor' do not use the David & Brenda Kindred return key. Name Name VQ 14 Lorraine Avenue Mailing Address Mailing Address North Andover MA O�845 ��_ Zip Code City/Town State _ Zip Code ~--=---, 1 Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plot Plan annotated to show proposed generator location Rovd 11-04-21 Title ooio RDA application with aaoociehaU narrative and attachments Rovd 11'04-21 T|Va Date Title Date 2. Date Request Filed: November4 2021 B. Determination | / Pursuant ha the authority ofK8.Gl. n. 131. §4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The new generator will be installed on a prefabricated concrete pad, all gas piping and wiring will be routed above ground and through the existing garage, and because the area is level, no ground disturbance will occur. The generator will be at least 25 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, would require trenches to be dug, or would not meet building codes. A waiver request was submitted, and the Commission found all other alternatives to result in more impact to the buffer zone. Project Location: 14 Lorraine Avenue North Andover Map 47 Lot / Assessors Map/Plat Number '=^°"^""'`""'"= ��m= Determination �� m�^mo � �= ' "^ 'm" 4 | Massachusetts Department of Environmental Protection / Bureau Of Resource Protection - Wetlands | WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection /\Cf M.G.L. C. 131. §40 B, Determination (cont.) The following Determ i nation(s) is/are applicable to the proposed site and/or projectrelative 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 cf 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(ie.. Conservation Commission or the Department ofEnvironmental Protection). 11 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. Fl 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 en long aa this Determination iovalid, Fl 2b. The boundaries of resource areas listed below are not confirmed by this Determination, nagovd|eoa 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 pnzbaotinn under the Act and will nanmuve, fiU, dredge. or alter that area. Therefoma, said work requires the filing ofa Notice ofIntent. [] 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. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). Fl 5, The area and/or work described on referenced plan(s) and document(s) in subject to review and approval by: rn e of Municipality Pursuant to the following municipal wetland ordinance orbylaw: _____ 4 Massachusetts Department of Environmental Protection 1 --- Bureau of Resource Protection - Wetlands WPA Form Z — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, fi40 D. Determination (cont.) n 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. F1 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 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). **See Attached Special Conditions of Approval** ❑ 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. wpaform2.doc-Determination of Applicability+rev.5/18/2020 Page 3 of 5 4 Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands ��N�� Form � ,� Determination of ApplicabilityK�GSS8ChUSef�� \�/efl8DdS Protection Act M.G.L. C. 1�1. �4� � B. Determination (cont.) / [7 5. The area described in the Request is subject to pnoha<diun under the Act. Since the vvod« described therein meets the requirements for the following exemption, as specified in the Act and the nagu|aUonm, no Notice of Intent is required: empt Activity(site applicable statuatory1regulatory provisions) U 8. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant hoa municipal wetlands ordinance or bylaw, Name Ordinance or Bylaw Citation C. Authorization This Determination im issued hn the applicant and delivered asfollows: by hand delivery on Z by certified mail, return receipt requested on Deoennbnr1 2021 o*ie 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 omrnp|yin0 with all other applicable federal, state, or local stehu\an, ordioanceo, bylaws, or regulations. This Determination must be signed byo majority ofthmConogn/aUonComrnission. Annpynnustheaentho the appropriate DEP Regional Office (see and the property owner(if different from the appHcanU. ~pawrmz.d" 'Determination w Applicability^rev,onuo"20 Page*mn 4 LilMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA For —m 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) Signptures: �!a sign"to J Printed Name", Printed Nale Signa e -Siq—na- e- Prir4ed Name 't -15r—inied Name -Si—gn"a- gnature Printed Name Printed in eame Signature Printed Name Signature 4 PSignature _- rinted i—e 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 https://www.mass.gov/service-detaiIs/massdep-regional-offices-by- communit ) 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 CIVIR 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 5 wpaforrn2.doc-Determination of Applicability-rev,5118/2020