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Home My WebLink About410 Foster Street DOA Negative Determination - Permits - 410 FOSTER STREET 1/22/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINAI"ION OF APPLICABILITY FINDINGS &SPEC:IAL CONDITIONS 410 Faster Street,North Andover At the January 22,2025 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 410 Foster Street,based on its findings below and subject two compliance with the conditions listed below. The work includes: Project entails installation of a 1.0'x1.2' shed in the backyard within an area of lawn (no vegetation removal necessary). At its closest point, the shed will be 54 feet from the BVW as conservatively measured by staff-no waivers required.The homeowner will build a base perimeter (12x14 or 18x20 diixlensions) consisting of 3/4" crushed gravel to help with drainage of roof runoff. Shed company will erect shed by hand with no construction equipment in one day. The project shall conform to and comply with the following: Applicant: Kyle Putnam 410 Foster Street North Andover, MA 01.845 Record Documents: Request for Determination of Applicability Form"l.,with supporting materials, subn-utted:January 8, 2025 Record Plans: Aerial Plan-Proposed Shed Wetland Measurements The followin s ecial conditions are mandated: 1. An on-site pre-construction meeting shall be scheduled with a Conservation Department staff and the applicant prior to the gravel being placed in order to measure out area for the shed to remain at 54' from BVW, and to ensure that ensure the approved plan and conditions are understood. 2. Schedule a post-construction inspection with Conservation Department staff when the work is complete to verify compliance with the approved plan **The applicant,and their contractors are advised that NO other work on the property that is within the 100-foot buffer zone is allowed under this permit. `I"he 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 permitting with the NACC. 'Phis includes but are not limited to house additionspools,patios, decks1 sheds,fences,garden beds, landscaping and brides installation, tree or vegetation cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA. 410 Foster Street Negative 113 Determination ofApplicability—Findings&:Special Conditions Page 1 of I Massachusetts Department of Environmental Protection L7, _ Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover 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 the tab key to move Conservation Commission your cursor-do not use the return key. To: Applicant Property Owner(if different from applicant): f Kyle Putnam Name Name 410 Foster Street Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 508-633-1960 Phone Number Phone Number putnam.kylec@gmail.com — ............................... _........................_.............-.......- ......._.. Email Address Email Address(if known) 1. Project Location: 410 Foster Street North Andover Street Address City/Town How to find Latitude Aand Longitude Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and t7caw to convert to Map 104D Lot 51 decirrial_de Lt qq Assessors Map/Plat Number ---- __ — _._ Parcel/Lot Number 2. Date Request Filed: January 8, 2025 .....--_. ._......._._.__.... 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): Project entails installation of a 10'X12'shed in the backyard within an area of lawn (no vegetation removal necessary).At its closest point, the shed will be 54 feet from the B'VW, no local waivers required. The homeowner will build a base perimeter(12X14 or 18X20 dimensions)consisting of 3/4" crushed gravel to help with drainage of roof runoff.Shed company will erect shed by hand with no construction equipment in one day: Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA with supporting materials; 01-07-25 Title Date Aerial Plan—Proposed Shed Wetland Measurements with RDA 01-07-25 Title Date I Title Date wpaform2.doe•rev.4/12/2023 WPA Form 2--Determination of Applicability•Page 1 of 5 � � Massachusetts Department of Environmental Protection | Bureau Of Water Resources - Wetlands � ��U�� ~_ V��^��^�� U^��~U^�� _ _ _ - - Form -- Determination- — - Applicability North Andover Massachusetts Wetlands Protection /\Ct M.G.L. c. 131. G40 Municipality -------------- B, Determination (cont.) The following DebarminaUnn(s)is/are applicable ho the proposed site and/or project relative tothe Wetlands Protection Act and regulations: Positive Determination Note: Na work within the jurisdiction of the Wetlands Protection Act may proceed until o Une| Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(|.e.. CnnnemeUmo 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 ofIntent. � � [J 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 au long os this Determination isvalid. [] 2b. The boundaries of Wetlands Resource Area(s) and Buffer Zone(s) listed below are not confirmed by this DeterminoUun, negnn1|eoo of whether such boundaries are contained on the plans attached to this Determination ortothe Request for Determination, � � � � 0 3. The work described on referenced plan(s) and document(s) is within an area subject to jurisdiction under the Act and will namova, fiU, dredge, or alter that area. Therahone, said work requires the filing of Notice ofIntent. 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. Therehzna, said work requires the filing of Notice ofIntent [] 9. The area and/or work described on referenced plan(s) and dnnurnenUu> is subject to review and approval by: Name of Municipality Pursuant\n the following municipal wetland ordinance orbylaw: Name Ordinance or Bylaw Citation %vpaform2.doc-rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 2 of 5 � � � Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ��1�� .� ��~��^�� U~��~U~�� _ _ _ _ ' Form __ Determination' — ' Applicability—'''-� North Andover ILI Massachusetts Wetlands Protection Act M.G.L. C. 131. G40 Municipality B. Determination (cont.) L] 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject ho the Massachusetts Wetlands Protection Act: [l 7. If Notice of Intent is filed for the work in the RivorfpmotAnsa 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): [l Alternatives limited to the lot on which the project is |ucuhsd. | | 0 Alternatives limited tn the lot on which the project io located, the subdivided lots, and any adjacent lots formerly or presently owned bv the oameowner. 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 i the municipality. � [l Alternatives extend to any sites which can reasonably be obtained within the appropriate ' [o8iun of the state. Negative Determination Note: NV 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 un|eaathoDepertnnentfai|ab) aotoneuchrequestvvitA|n35dayeoftha � � 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 |iohad 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. �l 2 The but / �^ ' ^ / ' | will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of i m Notice ofIntent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, � but will not alter anArea subject to'�ur|ndinUonunder the Act. Therefore, said vvorkdoes not nagu|ne the filing of Notice 'of Intent, subject to the following onodiUnom (if any), � See Attached Special Conditions" [1 4. The work described in the Request |s not within am Area subject tn 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. � / Massachusetts Department of Environmental Protection L7 Bureau of Water Resources - Wetlands ��A�� o�� .� ��~��~�� K��D^��~�~�� _ - - - Form -- Determination' — ' Applicability—'-'-� North Andover Massachusetts Wetlands Protection Act M.G.[ c. 131. §40 Municipality B~ Determination (cont.) [1 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, mo Notice of Intent inrequired: Exempt Activity(site applicable statutory/regulatory provisions) El 6. The area and/or work described in the Request is not subject to additional review and approval by: Name of Municipality Pursuant hoa municipal wetlands' ordinance orbylaw. Name Ordinance or Bylaw Citation C~ Au*hor~za*~on This Determination is issued to the applicant and delivered as follows: By hand delivery on By certified mai|, return receipt request on 01-24-25 �---------- Uuiu Datn ��----- 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: OEP �l By eDEP DOA SUbmittal Hatform (Attach this form and supporting documents) � � By UGPSmei| Fl By hand delivery � � 01-24-25 Date Date Property Owner(if not applicant) [l By mail Bv hand delivery � � � Massachusetts Department of Environmental ProtectionL71 � Bureau 0f Water Resources - Wetlands ��N�� .� |��K�^��~�� K��U~��~U~t� � ~ ~ ^ ~ ~ Form �� Determination^ ~~ ^ Applicability North Andover Massachusetts Wetlands Protection Act M.G.[. c. 131, &40 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, orregulations. This Determination must be signed by a majority of the Conservation Commission, As noted above, a 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 io issued this Determination, � -r-- � � � Signature Printed Name / ~natu ame � PIII 'V t,'I......ri ............... ....... Signature Printed Name � D, AppeaUs The applicant, owner, any person aggrieved bv this Determination, any owner of land abutting thakand � 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 ProtectionRegional Off / I�pLrLiM�jLfty)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 m4 issuance cf this Determination. 8 copy o|the request shall ot 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 ofEnvironmental Protection has no appellate jurisdiction. °n°fo""zo""'rev.4mmzuux Wp*Form z-Determination a Applicability'Page omn