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Home My WebLink About45 Hollow Tree Lane DOA Negative Determination - Permits - 45 HOLLOW TREE LANE 12/13/2023 y CONSERVATION DEPARTMENT Community Development Division NEGATIVE#3 DETERMINATION OF APPLICABILITY FINDINGS &SPECIAL CONDITIONS 45 Hollow Tree Lane,North Andover At the December 13,2023 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative#3 Determination of Applicability(RDA), approving the project at 45 Hollow'I'ree Lane based on its findings below and subject to conditions listed below. The RDA application,filed by the homeowner Brian Feeney, proposed the following project elements: Converting the property's 25-year-old oil fired heating system with propane,and installing three(3), 120-gallon propane tanks, each placed on a 30"x 30"concrete pad,with total impervious surface area totaling 30"x 90".The single-family dwelling at 45 Hollow'f'ree Lane was built in approximately 1977, and nearly the entire property is within the 50'No-Build-Zone and 25' No-Disturb-Zone associated with nearby wetland resource areas. Building and fire safety setbacks require propane tanks to be placed at least 10' from any source of ignition, including areas where vehicles are started or left running. These setbacks, combined with the position of the dwelling on the property, meant that the only feasible and practical location for the tataks was along the right side of the home, within the 25' No-Disturb-Zone to wetlands. At its closest,the concrete pad the propane tanks will be on will be about. 1.9.5' from the wetland edge.This chosen location results in the least impact to the buffer zone as limited trenching and disturbance is required for this Location. Based on these findings above,the NACC voted to approve the waiver request,and issue a Negative#3 Determination of Applicability. The project shall conform to and comply with the following: Applicant: Brian Feeney 45 I-Iollow Tree Lane North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1 and Supporting Materials submitted: October 19,2023 Waiver Request submitted: December 11,2023 Record Plans: Final Annotated As-Built Site flan received:November 2,2023 The following special conditions are niandated: 1. The applicant shall install not less than 4 native shrubs within lawn between Wetland Flag IA and Wetland Flag 2A. These plantings must be installed and inspected by May 31,2024. Please see attached list of approved native shrubs for species selection. The applicant shall coordinate with the Conservation Department on exact species chosen and location of installation. 45 Hallow Tree Lane Negative##3 Determination of Applicability--Findings&Special Conditions Page 1 of 2 2. The applicant will install not less than one(1)wetland marker to be placed in front of plantings. This marker shall be placed on a weather resistant post(i.e.,4x4 pressure treated or cedar post firmly anchored into the ground). The top of the post shall be two feet above grade and incorporate the following text: "Protected Wetland Area." This will designate the wetland resource sensitivity and assure no further in advertent encroachment into the wetland. 3. When the work is complete, Conservation Department staff must conduct a post-construction site inspection to verify compliance, assess the health of the native shrubs, and obtain final measurements. The appjicqntan4_thqir contractors are advised that NO other work on the property is allowed tinder this permit. The ---------- NACC has tirtsdiction over all of the wetlands and associated I 00-Foot buffer zones on site and any work that involves _L - ground disturbance or chqflgitjg_jliq current conditions in these areas_will require-permitting with the NACC. This includes, but are notjunjted,tQ,,.house additions,pools, p4ti jWa_q.d bridge Qs,decks, sheds,fences, garden beds, landscapi installation,tree or veizetation cuttin,g/prunirig Thpqq_qcfiyities shall be held to the current standards under the Bylaw and WPA. 45 Hollow Tree Lane Negative H3 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 ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information Important: When filling out From: forms on the computer,use only North Andover Conservation.Commission ------------ the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): Brian Feeney ......... VQ Name Name 45 Hollow Tree Lane Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code 6:1iyit6wn— State Zip Code 978-204-7414 Phone Number Phone Number BrianFeeney@verizon.net Email Address Email Address(if known) I Project Location: 45 Hollow Tree Lane North Andover Street Address Cityrrown How to find Latitude 42.68866 71.06763 and Longitude 7 � .Litit6defficimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 6 digits after decimal e.g.XX.XXXXX) decimal e.g.-XXXXXXX) and how to convert to Map 104A Lot 18 decimal de_qrgLqs Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: ;October 19. 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): Installation of three (3), 120-gallon propane tanks, each placed on 30" x 30" concrete pads within the 1 00-foot buffer zone to bordering vegetated wetland. Tanks will be within existing lawn and _approximate)y 19.6'from the BVW at their closest point. ----------- Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: As-Built Plan annotated to show location ot*9_pq§q japj!;pads. 11-22-2023 Title Date � WPA"Forrn 1 & Supporting Materials 10-19-2023 Title Date 'PRdated Waiver Request 12-11-2023 Title Date wpaform2.doc-rev.4/28/2023 WPA Form 2--Determination of Applicability-Page 1 of 5 ' Massachusetts Department of Environmental Protection Bureau 0f Water Resources -Wetlands �� 0o�� ~� U��K�~��*~�� U~��^U^�� | ~ _ _ _ - Form �� — Determination^ -' ' Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.[. 8. 131. §40 Municipality ~ � B. K�eter�0^8�atKo0A /CC)Df.\ / The following Determination(s) is/are applicable to the proposed site and/or project relative tothe 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) has been received from the iSSUing authority(i.e., Conservation Commission or the Department of Environmental Protection). LJ i. The area described on the referenced plan(s)is an area subject to jurisdiction under the Act. Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent, rl 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 am long on this Determination |ovalid. � � � � � 2b. The boundaries of Wetlands Resource Area(s) and Buffer listed below are not confirmed by this Determination, regardless of whether ouchboundohnnmrononbanmdonthe plans attached to this Determination orto the Request for Determination. � �- F] 3. The work described on referenced plan(s) and document(s) is within-an area Subject to jurisdiction under the Act and will vemnovm, fill, dredge, or alter that area. Thenahzne, said work � requires the filing of Notice ofIntent. � � Fl 4. The work described oO referenced o|an�A and doou iavvUhin the Bu� U ar2oneandw� � a|k*on Area subject to 'uhod�Uonundert�h/ Act. Therefore, said work requires the filing ofo � Notice of Intent Fl 5. The area and/or work described on referenced p|anbA and dncu is subject to review � and approval by: � Nam of Municipality Pursuant to the following Municipal wetland ordinance mbylaw: Name Ordinance or Bylaw Citation °r°mrmr.doc:'rev.4oemo23 vw*Form u-Determination m Applicability'Page cma � , ^ Massachusetts Department of Environmental Protection ILIBureau 0f Water Resources - Wetlands �� o�� ~� U��K�^��^�� K��l~��~U~�� _ - - - - Form -- Determination' -- ' Applicability—'''-� North Andover Massachusetts Wetlands P[OtBCtiOD Act M.G.L. O. 131' §40 B. Determination (cont.) El 6. The following area and/or work, if any, is subject to a Municipal ordinance or bylaw but not Subject ho the Massachusetts Wetlands Pnohao\iVn'Ao : | | 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)2. for more information about the scope of alternatives requirements): [] Alternatives limited to the lot onwhich the projectielocated. Fl Alternatives limited tothe lot on which the project io located, the Subdivided lots, and any adjacent lots formerly nr presently owned by the same owner. 17711 A|tennsd|vma limited ho the original parcel on which the project is |ooatnd, the Subdivided poFce|m, any adjacent parcels, and any other land which can reasonably he obtained within the municipality. L] Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the abaho. 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 un this project un|aeothaDepartmontfoi|atonotoOeuchrequamtvv|thin3Sdoymoftha 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 and of this document. [l 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 ao area subject to jurisdictionunder the Act, but will not remove, y|||, dredge. nr alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. Thewmrkdeso/ib�dintheRaqueotiovvithinth� Bu0or�nne. aedefined |nthnregu|�0onm. i i but will not alter an Area subi�uth/ �ur|��int|onun�ar�h�Ac�� Thenahore. ao|dvvorkdoaanot ' ' � require the filing ofo Notice cf Intent, subject hn the following conditions (if anv). � **See attached list of findings andepeciW conditions ° Native plantings and wetland markers | Tq_yired, post contruction inspectonmuetUehu|d | | 4. The work described in the Request is not within an Area subject to jurisdiction Linder the Act (including the Buffer Zone). Therefono, said work dnoe not require the filing of Notice of Intent, unless and until said work alters an Area Subject to jurisdiction Linder the Act. nn,m,"u.u^^'rev,412mmco wpw Form 2-Determination"r Applicability`Page n"rx � � ` Massachusetts Department of Environmental Protection � Bureau Of Water Resources - Wetlands � ��l�� f�� .� 8��^��~�� K�K~��~K~�� ~ ~ ~ , - Form ~— Determination^ ~' ' Applicability~-'''-� North Andover ILI Massachusetts Wetlands PD3tBOfiOD Act M.G.L. O. 131' §40 B~ Determination (cont.) � i [] 5. The area described in the Request is subject b»jurisdiction under the Act. Since the work described therein meets the requirements for the following exemption, an specified in the Act and the regulations, no Notice of Intent isrequired: Exempt Activity(site applicable statutory/regulatory provisions) E] O. The area and/or work described in the Request is not Subject hm additional review and approval by: Name of Municipality Pursuant toa municipal wetlands' ordinance or bylaw. | Ordinance or Bylaw Citation C. Authorization This Determination im issued 0J the applicant and delivered aSfollows: El By hand delivery on By certified mail, return receipt request on 12-19-23 b—ate Date � ft� Certified Mail 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: [JEP rl By eDEP DOA Submittal PWForm (Attach this form and supporting documents) � � tE ByUSPSmail By hand delivery 12-10'23 Date Date Property Owner(if not applicant) F� By mail Fl By hand delivery Date .wn"m,,u,uoc.rm 412812023 wpA Form z_Determination m Applicability.Page 4ma � , Massachusetts Department of Environmental Protection � Bureau 8f Water Resources - Wetlands WPA Form �� .� A��K�~��^�� U~��~U~t� � �� Determination— -- Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. O. 131. �� ~ ~~^~p~~« � � 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, ohaha. o/ local statutes, ordinances, bylaws, orregulations. This Determination must be signed bvm majority mftheConnarvotionCommiaaion. Asnotedahnvn. m copy must be sent to the appropriate DEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant in issued this Determination. Signatures: Si ature P ' t d?ame 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 iebJbe done, or any ten residents of the city or town in which such land � is located, are hereby notified nf their right iorequest the appropriate Department ofEnvironmental � Protection Regional (]ff| ( � � lOA1MgItty)to |usueubuparaeU|mgUoDmnn|nmUonnfApp|inebUib/. ThoraquaatrnuntbemmUobv 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 ofthis Determination. A copy uf the request shall e( � the same time be sent by certified mail or hand delivery to the Conservation Commission and to the � applicant|f he/she ie 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 nu appellate jurisdiction. � vpiformz.00c'rev.4f28/2ma Wa Form,-o"termhauonm Applicability'Page nww