HomeMy WebLinkAboutMiscellaneous - 31 WOOD AVENUE T
Massachusetts Department of Environmental Protection
DEP File Number.
t Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1207
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General 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
,n To: Applicant: Property Owner(if different from applicant):
Nichole L. &John J. McNaught Same
Name Name
rertm
31 Wood Avenue
Mailing Address Mailing Address
North Andover MA. 01845
City/Town State Zip Code Cityrrown State Zip Code
1. Project Location:
31-33 Wood Avenue North Andover
Street Address City/Town
Map 73-9 Lot 19,20
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 6285 175
County Book Page
Certificate(if registered land)
3. Dates:
6/26/03 { .G7 '
Date Notice of Intent Filed Dat,4 Public Hearing Closed Date f IsstAnce
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NO[ 6/26/03
Title Date
Site Plan Revised
Title 7/23/03
Title Date
5. Final Plans and Documents Signed and Stamped by:
Robert Alan Masys P. E.
Name
6. Total Fee:
55.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15/00 Page 1 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number;
r
WPA Form 5 - Order of ConditionsProvided by DEP 242-1207
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 Z 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 Acts 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.
Wpaform5.doc•rev.12/15/00 Page 2 of 7
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Numt
WPA Form 5 - Order of Conditions 242-1207
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE
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 thre
years, the extension date and the special circumstances warranting the extended time period a
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 eacl
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 parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order 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 ti
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 proposed work is
be done. In the case of the registered land, the Final Order 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 Ordei
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
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"[or, "MA DEP"]
"File Number 242-1207 "
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 c
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 th,
Conservation Commission in writing whether the change is significant enough to require the filing of
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 hour
to evaluate compliance with the conditions stated in this Order, and may require the submittal of an,.
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc•rev.12/15/00 Page 3 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"Umber.
WPA. Form 5 - Order of Conditions 242-1207
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings d rigs (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 Order.
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
work line has been approved by this Order.
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:
North Andover Wetland Protection Bylaw Chapter 178
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
Wpaform5.doc•rev.12/15/00 Page 4 of 7
DEP FILE #242 - 1207
DENIAL 242-1207
The applicant, Nichole&John McNaughton,III, filed a Notice of Intent
with the North Andover Conservation Commission on June 26, 2003 for
construction of two 10' X 15' wood frame additions to an existing duplex.
Proposed work was to be conducted within buffer zone to bordering
vegetated wetland. The applicant is requesting to construct one of the
additions within the 50' No-Build Zone, enforced under the North
Andover Wetland Protection Bylaw Regulations.
The public hearing was opened on July 9, 2003 and required plan changes
and the waiver request were discussed. The Commission requested the
applicant submit a detailed alternative analysis to address the proposed
addition within the 50' No-Build Zone. The meeting was continued to
July 30, 2003.
During the July 30, 2003 public hearing, the Commission reviewed the
alternative analysis submitted, and determined it did not meet the
minimum requirements for an alternative analysis. The Commission
expressed that granting a waiver of the 50' No-Build Zone would be
unlikely but offered the applicant's representative a continuance to
further address the waiver request. The meeting was continued to August
13,2003.
The applicant's or their representative did not appear at the August 13,
2003 hearing and failed to return the phone calls of the North Andover
Conservation Department staff. No additional information or revised
plans were submitted to the Conservation Department. The North
Andover Conservation Commission hereby DENIES the applicants
proposal based on incomplete and insufficient information required for
the Commission to render a decision to be issued under the Wetlands
Protection Act and North Andover Wetlands Protection Bylaw.
CAWinword\OOC\242-I207.doc 1 NACC 8/28/03
Massachusetts Department of Environmental Protection
�-- Bureau of Resource Protection - Wetlands DEP File Numt
I
WPA Form 5 - Order of Conditions
242-1207
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE
B. Findings cont.
9 (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to Generc
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed b,
certified mail(return receipt requested)or hand delivered to the applicant. A copy aLso4qust be mailed c
hand delivered at the same time to the appropriate Department of Environme Protection Regional
Office(see Appendix A)and the pr perty owner(if different from applica
Signatures:
4
On / Ofcj
Day Month and ear
before me personal) appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
N Public My commissio Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on [✓](by certified mail, return receipt requested,o
f-L.? A-3
Date Date
Wpaform5.doc•rev.12/15/00 Page 5,
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions
242-1207
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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 Conditions.
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. Recording Information
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 registered 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
Conservation Commission
Wpaform5.doc•rev.12/15100 Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1207
Provided by DEP
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:
242-1207
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
Wpaform5.doc•rev.12/15/00 Page 7 of 7
LlMassachusetts 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
A. Request Information
Important: 1 Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityrrown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
QProject Location
Mailing Address
Bnan
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 Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendix E•rev.7/30/03 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 helshe is not the appellant.
s
wpaform5.doc•Appendix E•rev.7/30/03 Page 2 of 2