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Home My WebLink About4 Oak Avenue DOA Negative Determination - Permits - 4 OAK AVENUE 10/9/2024 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE ##3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL.CONDITIONS 4 leak Avenue,North Andover At the October 9, 2024 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative ##3 DetennLination of Applicability approving the project at 4 Oak Avenue,based on its findings below and sub'ect to compliance with the conditions listed below. The work includes: The project involves installation of a 18kW generator to be placed on top of a pre- fab—40 concrete pad within lawn/landscape bed area.The location of the generator is such that connection to existing gas line is in close proxinnity thereby avoiding any disruptive trenching. Based upon Conservation Departrnennt staff on-site measurements, the generator will be —34 feet from the BV (the house was built in the 1940's and in some areas is less than 25 feet from the wetland). A waiver request has been submitted seeking allowance for the generator to be located within the 50' No Build Zone. After clue consideration, the NACC voted to grant the waiver to allow the generator within the 50' NBZ as there are no other feasible locations that would result in less disturbance to the buffer zone. The project shall conform to.and comply with the following: Applicant: Kevin Ralston 4 Oak Avenue North Andover, MA 01.845 Representative: John Delande Generator Super Center 251 Andover Street Peabody,MA 01960 Record Documents: Request for Determination of Applicability Form 1, with supporting materials, submitted: September 24, 2024 Record Plans: Aerial plot flan varith Wetlands,4 Oak Avenue- dated August 26,2024 The following special conditions are mandated: 1. An on-site pre-construction nneeting shall be scheduled with a Conservation Department staff, the applicant and the contractor to confirm that the required erosion controls have been properly installed,and that ensure the approved plan and conditions are understood. 2. Should the location of the generator need to be shifted for any reason, the contractor shall inform the Conservation Department for its review and approval to ensure proximity to the wetland is within reasonable limits. el oak Avcna]e Negative Determination of Applicability—bindings&Special Conditions Cage I of 2 3. Schedule a post-construction inspection with Conservation Department staff when the Work is cornplete to verify compliance with the approved plan The at)plicant, and their contractors are advised that NO other work of the property that is within the 100-foot buffer zone 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 ground disturbance or changing, the current conditions in these areas will require Pern-LittingrArith the NACC. This includes,but are not limited to,house additions,pools, patios, decks, sheds,fences, garden beds,landscaping and brill e Z- installatioi,t tree or vegetation cuttingZpruning. 'rhese activities shall be held to the current standards under the Bylaw and WPA, 4 Oak A%ICIILIe Negalive#3 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 whrri fGp,at,,i i,ty A. General Information Important: When filing 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): Kevin Ralston VQ Name Name Oak Avenue' Mailing Address Mailing Address 'North Andover MA 01845 City[Town State Zip Code Cityfrown State..... Zip Code 508-265-2637 Phone Number Phone Number kevinralston4@comcast.net Email Address Email Address(if known) 1 Project Location: 4 Oak Avenue 'North Andover Street Address City/Town How to find Latitude, Viand Longitude Latitude(Decimal Degrees Format with 5 digits afte—r- Longitude(Decimal, ,'begrees 'Form at with 5 digits after decimal e.g.XX,XXXXX) decimal e.g.-XX.XXXXX) and how to convert to Map 69 -Lot 43 de6rnal d glLg§: Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: B. Determination Pursuant to the authority of M.G1, 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 18kW generator to be placed on top of a pre-fab—43 concrete pad within ,lawn/landscape bed area. The location of the generator is such that connection to existing gas line Is in close proximity thereby avoiding any disruptive trenching. Based upon Conservation Department staff on-site measurements, the generator will be —34 feet from the BVW(the house Was built in the, 1940's and in some areas is less than 25 feet from the wetiand),' ............... Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Aerial Plot Plan with Wetlands, 4 Oak Avenue—dated August 26, 2024 Tptle Date RDA application with supporting materials Title Date Title Date WPaforM2.doc-rev.4/1212023 WPA Form 2--Determination of Applicability Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources -'Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G1, c. 131, §40 Municipality .............. B. Determination (cont.) 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). D 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. F1 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. ............... ------ E] 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. El 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. Fl 4. The work described on referenced 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 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 wpafwm2.doc,rev.4112t2023 WPA Form 2—Determination of AppficaUfity Page 2 of 5 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 i � In 1 11 c 1p al I i I t 11 y B. Determination (cont.) 171 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: .................. El 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 1 0.68(4)(c) 2, for more information about the scope of alternatives requirements): F1 Alternatives limited to the lot on which the project is located. El 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. F-1 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. El 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. 171 1. The area described in the Request is, not an area subject to jurisdiction under the Act or the Buffer Zone. F-1 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 & Special Conditions*** ............ F] 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. wpaform2.doc•rev.4/1212023 VVPA Form 2—Determinakfon of Applicability-Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability L North Andover I I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mu I n I ic I i I p-a I I-i I t 11 y B. Determination (cont.) n 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 s tatutory/regulatory provisions) El 6. The area and/or work described in the Request is not subject to,additional review and approval by: -Narn-r— e 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 10-10-24 Date Date 7019 2280 0001 5566 1700 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 eDEP DOA SlUbmiftal Piatforrn (Attach this form and supporting documents) By USPS mail El By hand delivery 10-11-24 Date Date Property Owner(if not applicant) F1 By mail El By hand delivery ........... Date Date mipaform2.doc-rev.411212023 WPA Form 2—Determination of Applicabifily•Page 4 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Detolrrnination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) _._... Signatures _... .. _ Printed Name � �.. ... Si ce Printed Name _. .� ._.�.,.,. Signature Printed Name r St nature 9 Printed teams ire Signatuee Printed blame Sign tur ..- Printed Name Signature Primed Clam �� 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 worn 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 htt s://www.mass. ov/service-details/massde -re ional-offices-b - cornr munity)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 or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaforrn2,rloc^Determination of Applicability•rev.5/18/2020 'age 5 or 5