HomeMy WebLinkAboutMiscellaneous - 0 SOUTH BRADFORD STREET Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection -Wetlands
LA WPA Form 3 - Order of Conditions 242-1205
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Generai information
Important:
When filling From:
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. Amended Order of Conditions
VILA To: Applicant: Property Owner(if different from applicant):
Essex County Greenbelt Association, Inc. SAME
Name Name
» 82 Eastern Avenue
Mailing Address Mailing Address
Essex MA 01929
City/Town state Zip Code cityrrown state Zip Code
1. Project Location:
Farnsworth Reservation off S. Bradford St. North Andover
Street Address City[Town
104D 12
Assessors Map/PW Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 1186 363
County Book Page
Certifate(if registered land)
3. Dates:
June 27,2003 7130103 7/30/03
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other.Documents(attach additional plan references as needed):
Notice of Intent 6/26/03
Title Date
Site Plan, Proposed Boardwalk Rev. 719/03
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Paul J. Donohoe, P.L.S.
Name
6. Total Fee:
$250
(from Apperi t B:Wetland Fee Transmittal Form)
Wpaform&doc•rev.7131103 Page 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection Wetlands
WPA Form 5 - Order of Conditions Provided Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing,this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention Flood Control
Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes)
Approved subject to:
❑ the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations,to protect those interests checked above.This Commission orders that all
work shall be performed in accordance with the Notice of intent referenced above,the following
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent,these conditions shall control
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
® the information submitted by the applicant is not sufficient to describe the site,the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2 The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state, or local statutes, ordinances, bylaws, or regulations.
wpaforms.aoc•rev.7/28103 Page 2 of 7
Massachusetts Department of Environmental Protection DEP File Number:
L7/'+ Bureau of Resource Protection-Wetlands
WPA Form 5 - Order of Conditions Por �aEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §46
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years,the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes,refrigerators, motor vehicles, or parks of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Omer have elapsed,or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land,the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the propose work is to
be done. In the case of the registered land,the Final Omer shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of worts.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
'Massachusetts Department of Environmental Protection"for, `MA DEPT
oFile Number242-1205
10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
0 9 9 g
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order,and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wp&arm5.doc-rev.7191,03 Page 3 of 7
Massachusetts Department of Environmental Protection
DEP File Number.-
.Bureau
u►rtber_.Bureau of Resource Protection -Wetlands
MORA Form 5 - Order of Conditions 24Pro b5
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
y DEV_
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this-Order and to any contractor or other person performing work conditioned by
this Omer.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction,the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
worts line has been approved by this Omer.
Findings as to municipal bylaw or ordinance
Furthermore,the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Chapter 178 of the Code of North Andover
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of intent referenced above.To the extent that the following conditions
modify or differ from the plans,specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform&doc•rev.719= Page 4 of 7
DEP FILE#242 - 1205
Denial
242-1205: Farnsworth Reservation
The applicant, Essex County Greenbelt Association Inc, filed a Notice of Intent on
June 27,2003 for construction of a trail and boardwalk across buffer zone and a
bordering vegetated wetland resource area located on Essex County Greenbelt
property off South Bradford Street, in North Andover,MA.The trail would
impact approximately 1150 square feet of upland buffer zone. The trail is
proposed within upland buffer zone to an ephemeral pool habitat which is
protected under the local North Andover Wetland Protection Bylaw. The trail
would require minimal clearing. The impact proposed to bordering vegetated
wetland would be approximately 300 square feet. The boardwalk is
approximately 3 feet wide over a 100 linear foot length of BVW.
The public hearing was opened on July 9, 2003. David Rimmer of Essex County
Greenbelt was the representative present at the hearing. Mr. Rummer presented
an overview of the project. The Conservation Administrator,Julie Parrino, had
walked the site with Mr. Rimmer and approved the wetland delineation as shown
on the record plans. Ms. Parrino also reviewed the boardwalk path location
Commission members raised concerns about the impacts to bordering vegetated
wetland,within close proximity to a potential vernal pool. Commission members
questioned the absolute need for the path,as trails existed in the surrounding
areas. Mr. Rimmer stated this particular connection would link two trails
together. Proposed activities would occur within the 50' No-Disturbance Zone to
ephemeral pool habitat and within bordering vegetated wetland. Alterations to
these particular resource areas requires the submittal of a detailed alternative
analysis. The applicant did not submit an alternative analysis with the filing.
The Commission suggested the applicant submit an alternative analysis and
questioned if the applicant would like to continue the public hearing to allow for
the submittal of the analysis. The applicant stated he did not want to submit the
analysis and requested the Commission close the public hearing.
The North Andover Conservation Commission is hereby issunga DENIAL IAL based
on the submittal of inadequate information The applicant refused to submit an
alternative analysis and.the Commission does not have enough information to
effectively issue an Order of Conditions. The alternative analysis may have
proven an alternative route existed with fewer impacts to resource areas. This
Denial does not deny the applicant,property owner or the public,access or use
of the property and does not harm the use of the property. Several trail,exist on
the property as stated by the applicant and access into the property is currently
available.
CAWinword\000242-1205.doc 1 NACe 7/31(03
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection Wetlands
'f WPA Farm 5 - Order of Condi#ions 242-1205
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 P"°Vided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Omer must be signed by a majority of the Conservation Commission.The Order must be mailed by
certified mail(return receipt r u pd) or hand delivered to the applicant.A copy also must be mailed or
hand delivered ate
sa a to the appropriate Department of Environmental Protection Regional
Office(see Appendi and the property owner(f different from applicant).
Signatures:
1
r
d
On ,J� Of 12�3
Day Morarao Year
before me personally appeared
Scott Masse
to me known to betheperson described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act-and deed.
't' _ 'Phh?er I l
Nbiiry Public My Commission EVires
This Order is issued to the applicant as follows:
❑ by hand delivery on Ef�by certified mail,return receipt requested,on
7131D3
we Date
1Npaform5.doc-rev.719!03 Page 5 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - order of Conditions 24P42-1mvicfed�oEP
Lilt
EPMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, 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 DEP Regional Office to issue_a Superseding Order of Condition's.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.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 Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
D. RecordingInformation
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of roistered land,this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
co�iw Commies4on
wpatorm5.doc•rev.7/9M Page 6 of 7
LI7Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1205
Massachusetts Massachusetts Wetlands Protection Act M.G.L. c: 131, §40
D. Recording Information (cont.)
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform&doc•rev.7/9103 Page 7 of 7
Massachusetts Department of Environmental Protection
L/71
Bureau of Resource Protection Wetlands
WPA Appendix E Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling 1. Person or� t making request(If appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to MaiNng Address
move your
cursor-do City/Town state Zip code
not use the
return key. Phone Number Fax Number(if applicable)
Project Location
1k At
Wiling Address
nem
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00,payable to the Commar►wealffi of Massachusetts to:
Department of Environmental Protection
. Box 4062'
Boston, MA 02211
wpaform5.doc•Appendix E•rev.7!9= Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection.- Wetlands
WPA Appendix E -Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
Appendix A).
4. 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:
wpaform5.doc•Appendix E•rev.7AY03 Page 2 of 2