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Home My WebLink About1174 Turnpike Street DOA Negative Determination - Permits - 1174 TURNPIKE STREET 6/14/2023 0 CONSERVATION DEPARTMENT Community Development Division Fabrice Kandjanga 1174 Turnpike Street North Andover, MA 01845 June 22, 2023 NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 1174 Turnpike Street, North Andover,MA 01845 At the June 14, 2023 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 1174 Turnpike Street based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowner, 1iabricc Kandjanga, proposed the following project elements: connecting the home to the gas main in Turnpike Street. The proposed work is about 65 feet fi-om the bordering vegetated wetland located on the property, and about 20 feet from the bordering vegetated wetland located on the opposite side of Turnpike Street. The proposed project is also partially within the outer riparian zone of the Riverfront Area to Boston Brook. About 185 feet of line is to be installed on the applicant's prop erty/Turnpike Street via the open trench method. The trench will be approximately Ift-2ft wide and 2ft-aft deep, and will be excavated using backhoes/excavators. All excavated material will be placed along the trench and used as backfill after the piping is placed. The backfill will be tamped, and any previously paved surface will be repaved. Any excess excavated material, as well as restoration of the lawn and driveway, will be the responsibility of the homeowner. No soils or equipment will be stockpiled overnight within 100 feet of a resource area, and no equipment is to be refueled within this 100' BZ. No work shall be completed during a rain event, and if dewatering of the trench is required,water shall be pumped to a dewatering pit(location of the dewatering pit shall be approved of by the conservation department). The project shall conform to and comply with the following: Applicant: Fabrice Kandjanga 1174 Turnpike Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: May 25, 2023 Record Plans: Annotated aerial images with relevant measurements Letter describing proposed project/schedule prepared by Eversource Energy The following special conditions are inandated: 1. Prior to work starting, erosion controls in the form 8" staked mulch sock shall be installed around the work area (on the applicants property and on the opposite side of Turnpike Street), and a pre- 1174'furnpike Street,North Andover Negative 113 Determination of Applicability—Findings&Special Conditions Page 1 of 2 Construction site inspection shall be scheduled with the Conservation Department and the contractor to observe sartic and review scope of work and conditions of this permit, 2. Erosion controls shall remain in place on the property, and all excess soils are to be taken off site or spread outside of the I 00-foot buffer zone of both resource areas. 3. Upon completion of all requirements, the Conservation Department shall be contacted to conduct a final site inspection to ensure compliance and determine when the erosion controls can be removed. 'I'he applicant, and their contractors are advised that NO other work on the proopertyjs allowed under _ this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site current conditions in these areas will require permitting with the NACC. This includes, but'ar"enot limited to, house additions, pools, patios, decks, sheds, fences, garden beds landscaping and bridge installation, tree or vegetation Ct,lttinglpruning. These activities shall be held to the current standards under the Bylaw and WPA. Should you have any question or comments regarding the contents of this letter, please do not hesitate to contact the undersigned at(978)-688-9530. Thank you for Your anticipated cooperation with this matter. Res) ally, N tT AND rO)))V IE I 'ONS'EIRIVA,riON DEPARTMENT Amy R. axner Conservation Administrator 1174 Turnpike Street,Noilli Andover Negative 113 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 ® Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipall,ty A. General Information Important: When filling out From: forms on the computer,use only North Andover ............ the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Fabrice Kandjanga Name Name 1174 Turnpike Street return Mailing Address Mailing Address North Andover MA 01845 —----------------------------- Ckyft6wn State Zip Code CityfTown State Zip Code 978-960-9533 ------------ one Number Phone Number fabkga@gmail.com ............................................. Email Address Email Address(if known) 1 Project Location: 1174 Turnpike Street North Andover Street Address city-1-Town ,dow to find LatRude 42.65191 -71.09543 Latitude(Decimal Degrees Format with 5 digits Longitude(Decimal Degrees Format with 5 after decimal e.g.XX,XXXXX) digits after decimal e.g.-XXXXXXX) and how to conveirt to 107A 32-1 decimal-degrees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: May 25, 2023 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): Connect house to main gas line. Installation of natural gas plastic pipe in existing roadway and customer's property. The pipe is to be intalled using the open trench method. Work is anticipated to take 2-3 days. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA with supporting attachments 05-25-2023 Title- Date Annotated Aerial and Photos 05-25-2023 -fire Date See attached complete list of approved documents Title Date wpaform2.doc-rev.4/2 8120 23 WPA Form 2—Determination of Applicability-Page 1 of 5 L11Massachusetts Department of Environmental Protection Bureau Of Water Resources - Wetlands WPA Form 2 ._ Determination of Applicability North Andover | Massachusetts Wetlands P[Q1eCtiOD /\CfM.G.[ C. 131, 840 Municipality B. Determination (cont.) The following Determination(s)is/areapp||ooWe 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 VVmdande Protection Act may proceed until a final Order of � Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing auibori(y(i.e.. Conservation Commission or the Department ofEnvironmental Pndnodnn). L] 1. The area described on the referenced plan(s)is an area subject to jurisdiction under the Act. Removing,filling, dredging,or altering cf the area requires the filing ofm Notice ofIntent. [] 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 om long am this Determination isvalid. Fl 2b. The boundaries of Wetlands Resource Area(s) and Buffet,Zone(s) listed below are not confirmed by this OetarminaUon, naQmvd|eso of whether such boundaries are contained on the plans attached to this Determination ortothe Request for Determination. �] 3. The work described on referenced plan(s)and document(s) is within an area subject to jurisdiction under the Act and will remove, D||, dredge, or alter that area. Therefore, said work requires the filing of Notice of|nb*nL [] 4. The work described on na[eranmad plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to jurisdiction under the Act. Therefore, said work requires the filing of a � Notice ofIntent Fl S. The area and/or work described on nyhenanmad p|om(a)and document(s) is subject to review � and approval by:Name of Municipality | Pursuant ho the following nlunkjpo| wetland ordinance or bylaw: � "oafmozow'rev,;/200023 wpx Form o-o^mrmm",m"w Applicability'Page 2*o Massachusetts Department of Environmental Protection ILIBureau 0f Water Resources - Wetlands ��K�� ~� U��*��~��^�� U~��~U~�� ' - - ' ' Form''' -- — Determination' -' - Applicability—'''-� North Andover Massachusetts Wetlands Protection Act M.G.[ C. 131' &40 U� U��K�~��^�� (cont.) ��. Determination. .. [] 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: Fl 7. |fa Notice pf Intent is filed for the work in the Rivmrhnnt Area described on referenced p|on(o) 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) 2. for more information about the scope of alternatives rmqo|vementm\: [] Alternatives limited to the lot on which the project in |ocotod. [] Alternatives limited to the lot on which the project im |ooatgd, thmoubd|v|ded |ote. ondeny adjacent lots formerly or,presently owned by the same owner. [] Alternatives limited (o the original parcel on which the project|w |ocated' thoaubdiv|ded parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. [l Alternatives extend to any sites which can reasonably be obtained within the appropriate region nf 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 |muua u Superseding Determination of Applicability, work may not proceed nn this project un|omathoDopartnoentfai|stoaoionsuchrequestwithim35dmyeofthe 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. n 1.The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. [l 2. The work described in the Request is within an area subject to jurisdiction under the Act, but will not namovo, fiU, dredge. or alter that area. Therefore, said work does not require the filing of o Notice ofIntent. A 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 jurisdiction under the Act. Therefore, said work does not require the filing ofa Notice of Intent, subject&o the following conditions (if anvi. Erosion controls shall bo installed, and preconstruction meetingwith the Conservation Department will be scheduled. Excess excavated soils are to be taken off site or spread outside the 100' buffer zone area.A � post construction meeting iu required with the conservation department to confirm compliance. � �l 4. The work described in the Request bs not within anArea subject ho jurisdiction under the Act (including the Buffer Zone). Thena[ona, said work does not require the filing of Notice of Intent, unless and until said work alters on Area subject tojurisdiction under the Act. - Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 ® Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MUnlclpeiity _ ..._. B. Determination (cunt.) ❑ 5. The area described in the Request is subject to jurisdiction 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 statutory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to additional 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 request on "? ,w" Date Date 7021 1970 0002 1297 9926 Certified Maill Number A copy of this Determination has been sent on the same date, considered the date of issuance, to the appropriate DEP Regional Office and the property owner(if not the applicant) in the manner as follows: DEP Ej By eDEP DOA Submittal Platform (Attach this form and supporting documents) By USPS mail ❑ By hand delivery - Of[ -11 Z,02,97 Date Date Property Owner(if not applicant) ❑ By mail ❑ By hand delivery Date Date wpaform2.doo rev.4/28l2023 wPA Form 2—Determination of Applicability-Page 4 of 5 | � � � Massachusetts Department of Environmental Protection L7, I Bureau Of Water Resources - Wetlands �� K�� w� �� ^��~K��~��K� �� J��k�U~��~U~�� ~ ^ ~ ~ Form~~~ �� Determination^ ~~ ^ Applicability~~~~~~� North Andover Massachusetts Wetlands Protection /\OtM.G.[. c. 131. G40 Municipality C~ Authorization (cont.) 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. As noted above, a copy must bm sent to the appropriate OEP Regional Office (see ) and the property owner(if different from the applicant) on the same date that the Applicant |o issued this Determination. - .~....."'~`..~.`/ Signature "Si natur Printed Narne signetu( Printed Na e Printed Name Signature Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner nf 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 c�mmgnLty)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 J he/she innot the appellant. The request shall state clearly and concisely the objections to the Determination which ia being appealed. Tothe extent that the Determination im based ona municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpamrmuu"='rev.^oo12m3 WpA Form z-Determination"/xppn"*xxv`Page n./o