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Home My WebLink About674 Salem Street DOA Negative Determination - Permits - 674 SALEM STREET 1/11/2023 0 CONSERVATION DEPARTMENT Community Dcveloprnent Division NEGATIVE ##3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDI"PIONS 674 Salem Street, North Andover At the January 11, 2023 public hearing, the North Andover Conservation Comtission (NACC)voted to issue an after the fact Negative#3 Determination of Applicability approving the project at 674 Salcrn Street based on its findings below and subject to conditions listed below. The Commission determined that since no footprint change to the existing conditions were proposed, a new wetland delineation was not required. The following is a description ol'the pro.ject: Construct a 12'x 16'shed within an existing lawn. The shed, in its entirety,will be constructed oil site, and will be supported by 12" sono tubes, hand dug. To provide power to the shed,a—10-foot long(18" deep by 4" wide)trench will be dug fronn the back,of the house to the nearest point of the shed to run a subsurface electrical line. 'file proposed work is located approximately 85-feet-F from tine intermittent stream located at the rear of the property. The stream has no associated BVW. The project shall conform to and comply with the following: Applicant: Eric Hanson 674 Saletn. Street North Andover, MA 01.845 Record Documents: Request for-Determination of Applicability Forrn 1, with supporting materials, submitted: Novernber 28, 2022; Record Plans: Exhibit A—Plot Plan; Exhibit B—GIS Aerial with measurements to tine wetland The following Special conditions are mandated: I. A pre-construction meeting by the Conservation Department shall be held to inspect installed erosion controls. 2. Excess soil from footing and electrical trench excavation may be used to fill in low spots in the lawn, but must remain outside ofthe 25'NDZ to the stream. "These spots arnd areas of trenching shall be immediately re-seeded with grass seed &top dressed with a layer of salt marsh hay or seed mulch free of weed seed or fertilizers. 3. Post construction rneeting shall be sclnedtrled to verify compliance and approve removal of erosion controls. The applicarnt, and their contractors s are advised that N(7 other work oil the Iroperty is allowed under this permit. The NACQ has jurisdiction over;all of the wetlands and associated 100-Foot buffer zones oil site and ally work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes hilt are not litnited to, house additions pools.,._patios,-_decks, sheds, fences, garden beds, landscaping,and_bridge installation, tree or vegetation cutting/p Ltning. These activities shall be meld to tine current standards under the Bylaw and WPA. 674 Salern Street Negative#3 Determination of Applicability—findings&Special Conditions Page I of I 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form Z — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ...__------------- �. A. general Information Important: When filling out From: farms on the North Andover computer, use -Conservation _........ ......... _ ....__ _....... _.___... only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Eric Hanson return key. Name _ Name 674 Salem Street Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code rro-un - 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Exhibit A- Plot Plan Rcvd 11-28-22 Title Date Exhibit B-GIS Aerial with measurement to wetland Rc'vd11-28-22 Title Date _RDA and associated supporting materials Tale...... . Date _ 2. Date Request Filed: November 28, 2022 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): Construct a 12' x 16' shed within an existing lawn. The shed, in its entirety, will be constructed on site, and will be supported by 12" sono tubes, hand dug. To provide power to the shed, a —10-foot long (18"deep by 4"wide) trench will be dug from the back of the house to the nearest point of the shed to run a subsurface electrical line. The proposed work is located approximately 85-feet+ from the intermittent stream located at the rear of the property. The stream has no associated BVW. Project Location: 674 Salem Street North Andover Street Address City/Town Map 65 Lot 47 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc-Determination of Applicability-rev.5/1812020 Page 1 of 6 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 _.....----------- B. Determination (cunt,) 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 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. ❑ 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 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). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: __._... .._--of- - ---.._ Name of Munrcipallty Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation vvpaform2.doc DeterrninaUon of Applicahlity-rev.511812020 Page 2 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands A4 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 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 Findings & Special 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. wpaform2.doc•Determination of Applicability•rev.5118/2020 Page 3 of 5 | � 4 Massachusetts Department of Environmental Protection ILIBureau Of Resource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability | Massachusetts Wetlands Protection Act M.G.[ c. 131' §40 B. Determination (cont.) F 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: -�xe I mpt Activity(site applicable statuatorwir gu 11 1 11 a-t 6-ny-p-r I o-v 11 i 11 s 11 ions 11) 8. The area and/or work described in the Request ia not subject hzreview and approval by: --_ -- _, � Pursuant bou municipal wetlands ordinance orbylaw. C. Authorization This Determination im issued to the applicant and delivered asfollows: El bv 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 ma|iova the applicant from complying with all other applicable federal, shaha. or local ehabutgo, on1inenoes, l bylaws, or regulations. This Determination must be signed byam �oritvufth� (�onoorvoUon (�00miG�|0D A��pyDl��tb�o�Otb) � majority � | the appropriate DEP Regional Office(see \ mndthepropedynwner(i[diffe/enthnnnthe applicant). � � / � � / � °pw"rrTrx^" ^Determination m Applicability'rev.nn00020 Page 4m5 | 4 Massachusetts Department of Environmental Protection Bureau of ResoU[ceP[ofeCtioO - WefaOds WPA Form 2 __ Determination of Applicability M@GS@ChUSe[ts Wetlands Protection Act M.G.L. C. 131, §40 C. Authorization (CODfi SignatUr Printed Name Signature Printed Name Signature Printed Namg Printed Name Printed Name s—ignature Printed Name Signature rinted Name D, Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work iaiobe done, or any ten residents of the city or town in which such land ia located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see �ittr)s://www,mass.qov/service-detai�s/i-nassdep-req�onal-offices-bv- cornmuni!y)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 nrbylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department nf Environmental Protection has no appellate jurisdiction. � � � � °naformzdo^^Determination mApwicamm 'rev.un8/2o20 Page ow*