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Home My WebLink About790 Dale Street DOA Negative Determination - Permits - 790 DALE STREET 2/26/2025 0 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY FINDINGS & SPECIAL CONDITIONS 790 Dale Street,North Andover At the February 26,2025 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative #3 Determination of Applicability approving the project at 790 Date Street, based on its findings below and sub ject to compliance with the conditions listed below. The work includes:The project involves removal of a cluster of Hen-dock trees (3) that are fully infested with Wooly Adelgid and are starting to decline. The closest tree is —28 feet from bordering vegetated wetland that is associated with an intermittent stream,which daylights from a drain pipe. The installation of two 8x8' sheds outside the 50' No Build Zone (NBZ) it1 the vicinity of the farther Hen-docks to be removed, or the installation of one 8'xl 6' shed along the property line. The applicant is to pursue one of these options after speaking with the Buildixig DePartment regarding zoning setbacks. The project shall conform to and comply with the following: Applicant: Carl Wighardt 790 Date Street North Andover,MA 01,845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: February 6,2025 Record Plat-is: "Note:The NACC approved two scenarios for sheds,once the applicant decides which shall be carried out, the plan will be finalized and reflected in the record.** The following special conditions are mandated: 1. Hemlock stumps shall be cut flush to the ground and be left intact(no grinding or stump removal). 2. An on-site pre-construction meeting shall be scheduled with a Conservation Department staff and shed installation company to measure and stake out the 50' NBZ. 3. A 24"x 24" crushed stone drip edge shall be installed surrounding the shed(s) so as to capture roof runoff and prevent erosion. 4. 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 perinit. 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 790 Date Strect Negative#3 Determinifloii of Applicability- Findings&Special Conditions Page 1 of 2 the current conditions in these areas will require permitting with the NACC. This includes,but are not limited to,house additions, pools,patios,decks, sheds,fences, garden beds,landscaping and bridge installation, tree or vegetation cutting/tuning. These activities shall be held to the current standards under the Bylaw and WPA. 790 Dale Street Negative#3 Determination of Applicability—Findings R Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Farms 2 Determination ©f 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); Carl WighardtVQ i Name Name i790 Dale Stree# ,gym Mailing Address Mailing Address North Andover MA 01845, i f City/Town State Zip Code City/Town State Zip Code 978 857-5199 _..--- _.._..------- - .........-- Phone Number Phone Number wighardt@gmail.com Email Address Email Address(if known) 1. Project Location: �90 Dale Street North Andover Street Address City/Town How tc_fund----Latitude, 469040 f 71.0713p, and Lon It�1de �.. _.._...._......_._ -- =g --- 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 how (,o_conve,rt to Map'1040 ;Lot 7b, dpcicaU.,do reps rt-= Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Piled: 02-0 -25; - --------------------------------------- -- --------------------------------- 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); Hemlocks to be removed due to disease(Woolly Adelgid infestation)without root grinding, Either one 8X16 or two 8x8 sheds shall be placed in area with gravel base (pending building code allowance) 50"outside wetland border where stream daylights at end of culvert, and 24"crushed `stone drip edge surrounding shed(s),to capture roof runoff.` Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination of Applicability with associated attachmentd 02-06-2 Title Date r Title Date r Title Date wpaform2.doc•rev.4/1212023 VJPAForm 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 Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cost.) 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). El 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 documents) 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 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: i Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc-rev.4/1212023 WPA Form 2—Determination of Applicability•Page 2 of 5 ' � � � Massachusetts Department of Environmental Protection ! BUmeGUOfWaferResOUrCBs - Wef|@Ads � �� &��u��~K��~�� K�U~V��&�~U~t»« ILI _ _ _ _ _ Form -- Determination' -' ' Applicability--'''�� North Andover Massachusetts Wetlands F»[OfeOtiOD AC M.G.L. c. 131. 8�� - -__~_, � B. Determination (cont.) U6. The following area and/or work, if any, issubject tom municipal md|nammor bylaw but not subject to the Massachusetts Wetlands Protection Act: L] 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) i and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer ho the wetland regulations at 10.58(4)(c) 2. for more information about the scope of alternatives naguiremenby : | ! L1 Alternatives limited to the lot on which the project is located. F] A|baroativo� |imitedtotha |otonmhinh �hep �aut|� |noahed the and .`x . ` � adjacent lots formerly m presently owned by the same owner. i L] Alternatives limited hm the original parcel on which the project|s |ncobad. thesubdivided 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 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 un|maotheDepmrtnnmntfai|ahoactonnuch ,equeetmiihin3bdaysoftha � 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 ot the end of this document. � EJ 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. El 2. The work described in the Request is within an area subject to jurisdiction under the Act, but � will not namove. fill, dredge. or alter that area. Therehono, said work dnam not require the filing of o Notice VfIntent. �0 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). 'FINDINGS&SPECIAL CONDITIONS*� El 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer 3bne\. Therefore, said work does not require the filing nfo Notice ofIntent, unless and until said work alters an Area subject to jurisdiction under the Act. Massachusetts Department of Environmental Protection LlBureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cunt.) El 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: l Exempt Activity(site applicable statutory/regulatory provisions) 171 6. The area and/or work described in the Request is not subject to additional review and approval by: s ........ ...... .....---- Name of Municipality Pursuant to a municipal wetlands' ordinance or bylaw. Name brdlnance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: Q By hand delivery on Z By certified mail, return receipt request on 0 04 - Date Date 7020 1290 0001 4776 6075 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 171 By gDEP DOA Submittal Platform (Attach this form and supporting documents) By USPS mail ❑ By hand delivery b3-04-2 Date Date Property Owner(if not applicant) El By mail ❑ By hand delivery I 1 . ...:. ........... ............. _..__ ._........ Date Date wpaform2.doc•rev.4/12/2023 WPA Form 2—Determination of Applicability•Page 4 of 5 | � Massachusetts Department 0fEnvironmental Protection � � BU[B@U Of Water Resources - Wetlands / ��U�� |�� .� A��~�� K��U~��~U~�� _ _ _ -- Determination' --- ' Applicability --'`^ North Andover Massachusetts Wetlands P[Of8{ti8D Act M.G.L. C. 131. @40 Municipality � C~ Authorization (cont.) ' This Determination is valid for three years frorn 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, shaba. or local statutes, ordinances, bylaws, orregulations. This Determination must be signed bva majority oftheOonsen/aUonOunnmiaoion, Aonotedobove. o 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 ie issued this Determination. issuing Authority nature Printed Name am Signatu(�L Printed Name signature Printed Name D. Appeals � The applicant, owner, any person aggrieved by this Determination, any owner of land abuttingthe |and | 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 ! 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 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. wvaformc*"'rev.vau12v23 WPx Form u-o^mrmmmwmm Applicability'Page*u*