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Home My WebLink About488 Pleasant Street DOA Negative Determination - Permits - 488 PLEASANT STREET 1/28/2026 0 CONSERVATION DEPARTMENT Communiq Development Division AFTER-THE-FACT NEGATIVE #2 & #3 DETERMINATION OF APPLICABILITY FINDINGS 488PIeasant Street, North Andover At the January 28,2026 public hearing, the North Andover Conservation Commission (NACC) voted to issue an after-the-fact Negative #2& #3 Determination of Applicability for work at 488 Pleasant Street that includes after-the-fact permitting for: 1. A circa 2008 pre-existing 223 s.f.floating dock consisting of two attached wooden floating sections (10'x4' and 17x4') attached to an aluminum floating section (23x5). The wooden end of the dock rests upon the bank of Stevens Pond,remainder floats within the pond. The dock is anchored by two mushroom anchors and two helical anchors and is not removed seasonally. 2. Circa 2025 pre-existing granite steps,48 s.f. consisting of eight rectangular granite slabs,I'x6' each. Steps are outside the 25' NDZ. The Commission issued an Enforcement Order that required after-the-fact permitting of these structures. After due discussion and consideration,the NACC voted to issue the Negative #3 DOA with no special conditions as work has already been undertaken. The project will conform to the following: Applicant: Gerald Brecher 488 Pleasant Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,with supporting materials, submitted: December 17, 2025 The applicant,homeowner and their contractors are advised that NO other work on the property 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 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/pruning. These activities shall be held to the current standards under the Bylaw and WPA. 120 Blain Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 wwwaiorthandoverrna.gov 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 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): Gerald Brecher VQ Name Name 488 Pleasant Steet Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 617-510-5133 Phone Number Phone Number jerrybrecher@gmail.com Email Address Email Address(if known) 1. Project Location: 488 Pleasant Street North Andover Street Address Cityfrown How to find Latitude 42.69100 1-71.10980 and 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 how to convert to Map 96 Lot 24 decimal degrees Assessors Map/Plat Number Parcel/Lot Number 2. Date Request Filed: December 17, 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): After the fact permitting for floating dock and granite landscape steps within Stevens Pond, bank and associated buffer zone. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: RDA Application &associated materials December 16, 2025 Title Date Title Date Title Date wpaform2.doc•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�� o�� .� U��~��^�� K��U~��~U~*� _ _ _ _ _ Form--- _- Determination' — ' Applicability—'''�� North Andover M8GQ8ChUGefts Wetlands Protection /\Cf M.G.L. C. 131, Q40 Municipality B. Determination (cont.) The following Determ i nation(s) is/are applicable to the proposed site and/or projectrelative hothe 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 1. The area described on the referenced plan(s)is an area subject to jurisdiction under the Act. Removing,filling, dvedging, or altering of the area requires the filing ofo Notice ofIntent. Fl 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 eu long an this Determination iavalid. � [J 2b. The boundaries of Wetlands Resource Area(s) and Bu#erZnne(o) listed below are not confirmed by this Determination, nagard|aae 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 vemove, fiU, dredge, or alter that area. Thorefone, said work requires the filing of Notice of Intent. 1771 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 wpaform2.doc.rev,4/12/2023 WPA Formx-oeterm/nation of Applicability'Page xmo Massachusetts Department of Environmental Protection L7 []U[8@U Of Water Resources - Wetlands ��y�� 8�� &��K��~K��~�� K�U^��^U^*x« _ _ _ _ - Form''' -- Determination' — ' Applicability —'-'-� North Andover M@SS@ChUS8ttG Wetlands pnDteCtiOD /\Cf M.G.L. C. 131, Q40 Municipality B. Determination (cont.) Fl 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject tn the Massachusetts Wetlands Protection Act: ` F] 7. If Notice of Intent is filed for the work in the RivorfrontArea 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)(o) 2. for more information about the scope of alternatives requinements): [] Alternatives limited to the lot onwhich the project is located. [] Alternatives limited to the lot on which the project ie |ocahed. theaubdividod |ota. endany adjacent lots formerly or presently owned bv the same owner. [] Alternatives limited to the original parcel on which the project io |ooated. theoubdividad 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 nf the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. Hovvever, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project un|eeotheDepartmentfai|sbuactonsuohnequeotvvithin35dayoofthe 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. [l 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. 2 2. The work described in the Request is within an area subject to jurisdiction under the Act, but - will not remove, fiU, dredge, or alter that area. Therek)ne, said work does not require the filing of a Notice nfIntent. 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). [l 4. The work described in the Request is not within an Area subject to jurisdiction under the Act (including the Buffer Zone). Thenefona, said work does not require the filing of Notice of Intent, un|oaa and until said work alters an Area subject to jurisdiction under the Act. 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 Municipality B. Determination (cont.) 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: 171 By hand delivery on Z By certified mail, return receipt request on _ 02-18-26 Date Date 9589 0710 5270 0977 7288 36 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 Submittal Platform (Attach this form and supporting documents) ® By USPS mail ❑ By hand delivery 02-18-26 _ Date Date Property Owner(if not applicant) ❑ By mail ❑ By hand delivery Date Date wpaform2.doc•rev.4/1 212 0 2 3 wPA Form 2—Determination of Applicability•Page 4 of 5 Massachusetts Department of Environmental Protection Bureau Uf Water Resources - Wetlands ��U��& ��o�� — Determination �� U~��^U~�� ~ _ _ ~ - Form -- -- - - — ' Applicability North Andover ILI Massachusetts Wetlands Protection Act M.G.L. C. 131' §40 Municipality 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, ahaha, or local statutes, ordinonmsa, bv|ovvs. or regulations. This Determination must bo signed bya majority oftheCnnsorvaUonCommission. Aonotedabovo. a copy must ba sent tu the appropriate DEP Regional Office (see ) and the property owner(if different from the applicant) on the same date that the Applicant ia issued this Determination. Issuing Authority Signatures: Pi;inted NTe A A, �Yr:4_ i &VOiJ Signatir/A_t" Pri ted Name Signatur Printed Name Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, owner, any person aggrieved by this Detennination, 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 Office (see ional-offices-bv- coMnLunity) 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 bycertified 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. Tothe extent that the Determination io based ono municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department ofEnvironmental Protection has no appellate jurisdiction.