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Home My WebLink About384 Osgood Street DOA Negative Determination - Permits - 384 OSGOOD STREET 6/10/2026 CONSERVATION DEPARTMENT Commu ty Development Division NEGATIVE #3 DETERMINATION of APPLICABILITY FINDINGS & SPECIA.Lr CONDITIONS ITIO 384 Osgood Street, Forth Andover At the June 10, 2026 public :hearing, the North Andover Conservation.Commission fission NACC voted to issue a Negative #3 Determination inatio of Applicability approving project at 384 Osgood Street - the DPW facility,based on its findings below and subiect to compliance with the conditions listed below. The workincludes: The DPWs facility at 384 Osgood Street contains the primary fueling station for all Town-owned vehicles and equipment among other operations). The existing UST's were installed in 1 2 and, being over 30 years old, require replacement. This RDA is, submitted for subsurface investigation and monitoring well installation. This work will inform the design of an upgraded fuel delivery system which will be permitted under a future NO . A.total of five (5) soil borings are proposed within the too-foot buffer zone and Riverfront Area,: o Two (2) located adjacent to the proposed.fuel system replacement area northwest of the garage building. o Three 3 located adjacent to the existing waste oil UST on the southwestern side of the garage building. o One 1 of the proposed borings will be completed as a groundwater monitoring Drell. No offer work is allowed under this permit. The project shall conform to and comply with the following: Applicant: John Borgesi, Town Engineer North.Andover Public Works Department 384 Osgood.Street North Andover, MA 01845 Record Documents: Request for Determination of'Applicability Form 1, with supporting materials,May 28, 2022 Record Plans: North Andover Fuel System Replacement Soil Borings, 3 Sheets prepared by Weston &Sampson, signed and stamped by Tyler Cof elice, PE dated May 2 ,2 ,2 C100-Existing Conditions Plan C200 - Site Preparation & Soil Borings Plan 384 Osgood Street DPW Facility Soil Test Boring Negative#3 Deter minat on of Applicability--Findings Special Conditions Page l of 300 - Civil Details I The following special conditions are man .ate 1. Prior to any work, erosion controls shall Be installed as depicted on the approved plan, and a pre-construction site inspection shall be held with Conservation Department, contractor and applicant to inspect EC and review scope of work and associated logistics. 2. Should de watering be required during boring advancement, work shall stop and the contractor and applicant shall review water management BMP's with the Conservation Department for approval. 3. Post-construction site 'inspection with Conservation Department shall be held to verify stable conditions and allow EC removal. The applicant, and their contractors are advised that NO other work on the ert thatis within the 100-foot buffer zone is allowed under this perm 0 t. The NACC has jurisctiction over all of the wetlands and associated 100-F'oot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require 0 tt' *tI I ios permi ing wi -t the NACC. This 'Includes, but are not lim"ted to�, house additions,..............ppgjs, pa,t I f 0 decks, sheds, fencesgarden bedsL landscap.ing_anCl *Dridge install ation,, tree or veg eta,tion cuttingZ These act i4v hies shall be held to the current standards under the Bylaw and "VPA.. 384 Osgood Street—DPW Facility Soil Test Borings Negative#3 Deterinination of Applicability—Findings&Special Conditions Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Water, Resources - Wetlands Determination of AppIli" North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab key to move Conservation Commission your cursor..do;not use the return key. To* Applicant Property Owner if different from applicant).- John Boirgesi, Town Engineer Town of North Andover rab ...... Name Name 384 Osgood Street 384 Osgood Street Nun Mailing Address Mailing Address North Andover MA 01845 North Andover MA 01845, City/Town State Zip Code City/Town State Zip Code 978-685-0950 Ext. 44021 Phone Number Phone Number j�borgesi@noirthandoverma.go,v Email Address Email Address(if known) I Project Location: 384 Osgood Street North Andover Street Address City/Town How to,find Latitude an Lon itude 42 6196011 ",71 1 1�63,1' Latitude(Decimal Degrees Format with 5 d'i'gits 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 94 Lot 2 decimal degrees Assessors Map/Plat Number Parcel�/Lot Number 2. Date Request Filed: May 27, 2026 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)*. Subsurface'Investigation and In nit ring well installatlon.''Thlis work will inform the design of an' lupgradied fuel delivery system which will be permitted under a future NOL A total of five (51) soil are proposed within the I00-foot buffer zone and Riverfro'nt,Area, with one,being completed, as a monitoring well-work it within paved surfaces in the DPW facility.� Title and Date (or Revised Date if'applicable) of Final Plans, and Other Documents" North Andover Fuel System Replacement& Soil Borings,-3 Sheets -Tay 28, 2026 prepared by Weston & Sampson Date RDA and supporting materila.s, ........... May 27, 2026 Title Date ............ Title Date wpaform2.doc-rev.4/28/2023 WPA Form 2—Determination of Applicability-Page 11 of 5 Massachusetts, Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 — Dieterm"nation of Appi"cab"I ty North Andover Massachusetts Wetland's Protection Act M.G.L. c. 131, §40 Municipality B. Determination cawt.) The following Determ i nation(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. ................ .....................____.............. El 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 doicument(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. El 4. The work described on referenced plan(s) and doicument(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 El 5. The area and/oir 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,4/2812023 WPA Form 2—Determination of Applicability-Page 2 of 5 Massachusetts Department & Environmental Protection Bu,re,au of Water Resources - Wetlands WPA Form 2 — Determination of Applicability North Andover Massachusetts Wetlands Protection Act M.Gi.L. c. 131, §40 Municipality Determination (cont.) 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 Riverf'ront 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 reglulatioins at 10. 4)(c) 2. for more information about the scope of alternatives requirements): E 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. 0 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. El 1. The area described in the Request is not an area subject to jurisdiction under the Act or the Buffer Zone. ED 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 .one, 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 . Install erosion controls per plan, pre-construction inspection, de-watering means and methods to be reviewed if required, post construction inspection to approve EC removal. See attached --Findings & Conditions. El 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,4/28,/2023 VVPA Form 2—Determination of Applicability-Page 3 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 Municipality B. Determination (cont.) 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: 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: Z By hand delivery on El By certified mail', return receipt request on June 18, 20126 Date Date 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 El By eDE,P DOA Submittal Platform (Attach this form and supporting documents) By USPS mail By hand delivery June 18, 2026 Date Date Property Owner if not applicant) [:1 By mail El By hand delivery Date Date wpa form 2.doc rev,4/28/2023 WPA Form 2—Determination of Applicability-Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Water Resouirces - Wetlands WPA Form 2 ,--, Determination of Applicability North Andover 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, state, or local statutes,: ordinances, bylaws, or,regulations. 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 https://www.mass.golv/'service- deta ils/massdep-req ion a lofficesb -communit and the property owner if different,from the applicant) on the same date that the Applicant is issued this Determination. Issuing Authority, Signatures:: "e"'111 f A",I All, SigrW 6re Printed Name �,ippa t u re, Printed Marne mI l V Al% aT S!Vhrtl r ON, Pripted Name S,i'gnatbre Printed Name f ("'A Signetur Pripted:Name )"Ap dl A Signavtu�U 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 Office (see, 'ices-by- comm!4�it )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 10.013(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. wpaform2.doc-rev.41 /2023 WPA Form 2—Determination of Applicability-Page 5 of 5