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Home My WebLink About120 Penni Lane DOA Negative Determination - Permits - 102 PENNI LANE 3/13/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 102 Penni Lane,North Andover At the March 13, 2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative#3 Determination of Applicability (RDA), approving the project at 102 Penni Lane based on its findings below and subject to conditions listed below. The RDA application, filed by the homeowner Ana-Paula Martins-Fernandes, proposed the following project elements: The installation of one, 120-gallon propane tank and associated connection piping, within the 50' No- Build Zone to bordering vegetated wetlands at 102 Penni Lane,North Andover. The single-family dwelling was built in approximately 1976,. and nearly the entire property is within the 100' Buffer Zone, 50' No-Build-Zane and 25' No-Disturb-Zone associated with surrounding wetland resource areas. A permissible location for the associated Generac 10kW Air-Cooled Standby Generator was found just outside the 50' No-Build 'Gone, and safety setbacks require propane tanks to be at least 10' from all sources of ignition, including generators. Working with the homeowner, Conservation Department staff tried to locate an acceptable location for the tank, either outside of the 50' NBZ or on existing concrete at the back of the house. However, due to generator and septic system safety setbacks and existing ground topography, a location outside the 50' NBZ could not be found for the propane tank. The most feasible location resulted in a flat area on the right side of the house, approximately 35' from the wetland at its closest. At the public hearing on March 13, 2024, the NACC voted to approve the waiver request, and issue a Negative 113 Determination subject to compliance with the approved plans and conditions listed below. The project shall conform to and comply with the following: Applicant: Ana-Paula Martins-Fernandes 102 Penni Lane North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form I and Supporting Materials submitted: February 12, 2024 Waiver Request submitted: March 12, 2024 Record Plans: Site I:.,ayout with Proposed Location for the Generator and L.P. Fuel Supply Tank Prepared by: Ana-Paula Martins-Fernandes, Dated: February 12, 2024 102 Penni Lane (Negative#3 Determination of Applicability—Findings&Special Conditions Page 1 of 2 The following special conditions are mandated: 1. Provide 72 hours' notice to Conservation Department staff prior to the installation of the 120-Gallon LP tank and the iron piping. 2. Loam and seed the exposed soil immediately after ground disturbance is complete to stabilize the area and prevent sediment from entering the wetland. 3. When the work is complete, Conservation Department staff must conduct a post-construction site inspection to verify compliance, and obtain final wetland measurements. The applicant, and their contractors are advised that NO other work on the property is allowed under this hermit. 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 changring the current conditions in these areas will require permitting with the NACC. This includes but are not limited to, house additions, laools,patios decks sheds, fences, garden beds, landsca>t)ing and bridge installation, tree or vegetation cuffirtg/pruning These activities shall be held to the current standards under the Bylaw and WPA 102 Penni Lane Negative#3 Determination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands A. Form 2 ® Determination of Applicability North Andover'. L11 11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 h unicipality -------------------------- 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): Ana-Paula Martins-Fernandes VQ Name Name 102 Penni Lane ream Mailing Address Mailing Address North Andover MA 01845 -------------__------------ City/Town State Zip Code City/Town State Zip Code 650-743-0142 Phone Number Phone Number apfm8OO@gmail.com Email Address-_ --- Email Address ress(if known) 1. Project Location: 102 Penn! Lane North Andover Street Address City/Town How to Mid LatitUde 42.,63�8_9.Y1___ -71,09300 and LongitudeLatitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format digits gits after decimal e.g.XXXXXXX) decimal e.g.-XXXXXXX) and how to convert to Map 107.D Lot 65 decimal degreesAssessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: 2-1-2-2024 ........... 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 one, 120 gallon propane tank and associated connecting piping, within the 50' No- Disturb-Zone to a bordering vegetated wetland. ............ .................... .......... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Layout with Proposed Location for the Generator and L.P. Fuel 02-12-2024 -Supply Tank Date WPA Form 1 & Supporting Materials 02-12-2024 Title-- —------------------------------------ Date Waiver Request 03-12-2024 .......... ....... . ....... Title Date wpaform2.do,,•rev.4128/2023 WPA Form 2—Determination of Applicability-Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands A Form 2 ® Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cant.) 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) 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 jurisdiction 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 Wetlands Resource Area(s) and Buffer Zone(s) 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 jurisdiction 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 documents) 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 of Intent ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation vrpaform2 cloc•rev.4128/2023 WPA Form 2--Determination of Applicability•Page 2 of 5 Massachusetts Department of Environmental Protection L7, I Bureau of Water Resources - Wetlands Ai Form 2 ® Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 M6n'icipatity D. Determination (cant.) --- ❑ 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 I O.58(4)(c)2. 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 jurisdiction under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to jurisdiction 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 jurisdiction 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 and list of special conditions* ❑ 4. The work described in the Request is not within an Area subject to jurisdiction 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 jurisdiction under the Act. wpatorm2.doc•rev.412812023 WPA Form 2--Determination o6 Applicability-Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands P A Form 2 ® Determination of Applicability libilit p y North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality 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 03-18-24 Date Date 7022 2410 0002 L928 L1881 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: DEP ❑ By eDPP DOA Submittal-Platform (Attach this form and supporting documents) ® By USPS mail ❑ By hand delivery 03-18-24 Date Date Property Owner(if not applicant) ❑ By mail El By hand delivery Date Date wpaform2.doc-rev.4/2812023 wPA Form 2—Determination of Applicability-Page 4 of 5 � ! Massachusetts Department of Environmental Protection BUP8Gu of Water Resources - Wetlands LI I ��y�� K�� K�*^��~K��~�� U~��~U~*�� ~ ~ ~ Form �� Determination^ ~" " Applicability N. Aodpvnr Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 Municipaty 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|oom| statutes, ordinances, bylaws, orregulations. This Determination must b*signed bya majority oftheCunaervutiuuComrnissinn. Amnotndmbovo, m copy must bo sent to the appropriate OEP Regional Office (see and the property owner(if different from the applicant) on the same date that the Applicant|s issued this Determination. GiQnatu o Signature Printed Name Signatur Printed Name Skg—natur�e- 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 C}fD / comfDgnAy)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 if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which m being appealed, |o the extent that the Determination |e based mno � municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the � Department of Environmental Protection has no appellate jurisdiction. � ,*afomMm'rev.4/281202n wmFo"ec-Determination a*pm"u/lty'Page omn