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Home My WebLink About30 Gray Street DOA Negative Determination - Permits - 30 GRAY STREET 1/11/2023 0 CONSERVATION DEPARTMENT Corns-nunity Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 30 Gray Street,North Andover At the January 11, 2023 public hearing, the North Andover Conservation Commission (NACC)voted to issue all after the fact Negative 43 Determination of Applicability approving the project at 30 Cray Street based on its Endings'below. The proposed work included: installation of a I00-gallon propane tank(120 ASME)to fuel an indoor fireplace. Based oil the North Andover Fire Department's site assessment,the propane tank needed to be placed in a location within the 50'No-Build Zone (NBZ)to the BVW to meet code requirements. The installed tank. was on a prefab concrete pad, so no ground disturbance occurred. Based on these Endings,the NACC determined that the project resulted in no impacts to the wetland,and based on the Fire Department's determination,voted to issue a waiver of the 50'NBZ. Work at its closest point occurred approximately 26-f*et from the Bordering Vegetated Wetland (BVW)based on Conservation Department staffs conservative field measurements. The project shall conform to and comply with the following: Applicant: James Matthews 30 Gray Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted:November 28, 2022; Record Plans: GIS Aerial with measurements to the wetland; Mass Mapper NHESP Map Since work has already been completed, there are no special conditions associated with this determination. ** file applicant 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 around 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 bride installation tree or ve etation eutting/pruning. These activities shall be held to the current standards tinder the Bylaw and WPA. 30 Gray Street Negative 113 Determination of Applicability—Findings fir.Special Conditions Page l of I 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form ® 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 tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the James Matthews return key. -Na"me _ Nam 11 e 30 Gray Street VQ Mailing Address Mailing Address North Andover MA 01845 Cityrrown State Zip Code City/Town State Ztp Code nrorn 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA and associated supporting materials Rcvd 11-28-22 Title Date GIS Aerial with measurement to wetland Rcvd 11-28-22 Title Date "tie'--, __.......... __...__....... _..w.. __ D- ._...._ _._ ._......--.._. Title ate 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): The work included: installation of a 100-gallon propane tank (120 ASME) to fuel an indoor fireplace. The installed tank was on a prefab concrete pad, resulting in no ground disturbance. Work at its closest point occurred approximately 26-feet from the Bordering Vegetated Wetland (BVW) based on Conservation Department staff's conservative field measurements. Project Location: 30 Gray Street North Andover Street Address City/Town Map 107 B Lot 53 Assessors Map/Plat Number Parcel/Lot Number wpafonn2.doc-Determination of Applicability•rev.5/18/2020 Page 1 of 5 � � 4 Massachusetts Department of Environmental Protection BU[eBU Of Resource Protection - WBf|8OdS WPA Form 2 ^_ Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 B. Determination (cont.) � The following Dehanninohon(s) is/are applicable to the proposed site and/or projec relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction o(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, El 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 mn long mn this Determination iovalid. F] 2b. The boundaries of resource areas listed below are not K;confirmed regardless of whether such houndahexare contained Vnthop|ano attached to this Determination nr 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 rernove, fill, dredge, Vr alter that area. Therehore, said work requires the filing ofa Notice ufIntent, � � Fl 4. The work described on referenced p1onkJ and documenths ha within the Buffer Zone and will � alter an Area subject to protection under the Act. Thmrefore, said work requires the filing of � Notice of Intent nrANRAD Simplified Review(if work is Unnihad to the Buffer Zone). ' Fl 5. The area and/or work described on referenced plan(s) and document(s) is subject to review / and approval by: � � ame of Municipality � Pursuant to the following municipal wetland ordinance or bylaw: | � Name Ordinance muyiawCitation � � wp"m"m.d. 'Determination a Applicability'rev.m1o120oo Page zwo � 4 Massachusetts Department of Environmental Protection i �}U[ 8ODf Resource Protection - Wetlands WPA Form 2 — Determ~nat^on of Applicabi lity ' ' ~ ILI M@SS@ChUS8tts Wetlands Protection /\c[ M.G.L. c. 131. G40 B. Determination /cODf.\ [l 8. The following area and/or work, if any, ko subject hoa municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: Fl 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 requirmmentn): 171 Alternatives limited to the lot on which the project io |onoted. [] Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned hv the same owner. Fl Alternatives limited bz 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, � E] 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 toissue a Superseding Determination of Applicability, work may not proceed on this project un|eestheDepartmentfai|ntnectonmuohnequeetwithin35doyoofthadohatha 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. [l 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. Fl 2. The work described in the Request is within onarea subject bm protection under the Act, but will not xamove, fi||, dradge, or alter that area. Therefore, said work does not require the filing of Notice ofIntent. 3 The as but | � ' ' | will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing nfm Notice nf Intent, subject tn the following conditions (if any>. � See Attached List ofFindin Permit is after-the-fact, therefore d|U t required*** � El 4. The work described in the Request h; not within anArea subject to protectionunder the Act (including the Buffer Zone). Therefore, said work does not require the filing of Notice of Intent, unless and until said work a|bam an Area subject to protection under the Act. °wmrrrru.dv 'Determination mApp/=e/*'m"511u/2om Page 3us 4 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands orrn — Determination cif Applicability Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 ------------------ B. Determination (cant.) ❑ 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: _ ........ ---_...... _ -- Exempt Activity(site applicable statuatory/regulatory provisions) ® 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. - --.. .. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on January 18, 2023 Dale 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 htt s:// .mass.gov/service-details/massdeD-reqTon al-off ices- b ,community) and the property owner(if different from the applicant). wpaform2.doc Determination of Applicability•rev.5!1812.020 Page 4 of 5 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 C. Authorization (cunt.) Signatures: Jignature inted Name P —Al me � �_� Printed Name Si nature � , Printed Nam_ e _.. .,.. Signature—""::.,. „ . �... __...._. Printed Name Sign Printed Na e Si nature Printed Name ................ _ -- ............ Signature Printed Name Signature Printed Name ..._.................._.......------------ — ... 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 his:// miss. ov/service-details/massde -re Tonal-offices-b - community) 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 Farm) 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. wpaform2.doo Determination of Applicability•rev.5118/202.0 Page 5 of 6