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Home My WebLink About242-1704, Willow Street 189 ORAD 08/10/17 - Permits #242-1704 - 189 WILLOW STREET 8/10/2017 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1704 PA Form 4B- Order of Resource Area eDEP transaction#:947561 W City/Town:NORTH ANDOVER Delineation Y n Massachusetts Wetlands Protection.Act M.G.L. c. 131 S40 A. General Information 1.Conservation Commission NORTH ANDOVER 2,This Issuance is for(Check one): a. ry Order of Resource Area Delineation b. f` Amended Order of Resource Area Delineation 3.Applicant Details a.First Name TIMOTHY b.Last Name 'TANNER c.Organization J.TROPEANO,INC, d.Mailing Address 1780 OSGOOD STREET e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 4.Property Owner(if different from applicant): a.First Name TIMOTHY b.Last Name TANNER c.Organization WILLOW STREET NOMINEE TRUST d,Mailing Address 1780 OSGOOD STREET e.CityiTown NORTH ANDOVER f.State MA g.ZIP 01845 5.Project Location a.Street Address 189 WILLOW STREET b.Cityfrown NORTH ANDOVER c.Zip 01845 d.Assessors Map/Plat# 25 e.Parccl/Lot# 167 f.Latitude 42.66221N g,Longitude 71.1126W 6,Dates a,Date ANR AD Filed 3/30/2017 b.Date Public Hearing Closed 8/9/2017 c.Date Of Issuance 8/10/2017 7.Final Approved Plans and Other Documents Plan Title Plan Prepared By Plan Signed By Plan Final Plan Date Scale PLAN OF LAND IN NORTH MERRIMACK ENGINEERING STEPHEN E. August 1, 1"=20' ANDOVER,MA SERVICES STAPINSKI,PLS 2017 B. Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. 1v,Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. rJ Bordering Vegetated Wetlands 2, r'Other resource area(s),specifically a.BVW Al-A23,B1-133,CI-05,D1-D5 SEE ATTACHED b. r Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission fiom the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): 1. r—Bordering Vegetated Wetlands 2. r"Other resource area(s),specifically Page 1 of 3 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1704 WPA Form 413-Order of Resource Area eDi P Transaction 4:947561 Cityffown:NORTH ANDOVER Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 a. s c. r-Inaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. 3.The boundaries were determined to be inaccurate because: C.Findings This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act(M.G.L.c.131,S 40)and its regulations(3 10 CMR 10.00).This Order does not,however,determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation,This Order must be signed by a majority of the Conservation Conunission.The Order must be sent by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to die appropriate DEP Regional Office(see http://www.mass.gov/dep/abouVregioli/findyour.htrn). D.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 Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to die Department,with the appropriate filing fee and a completed 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 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.Any appellants seeking to appeal the Department?s Superseding Order of Resource Area Delineation will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of tlue public hearing,requesting a Superseding Order or Determination,or providing written information to€he Department prior to issuance of a Superseding Order or Determination.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,S 40)and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. Page 2 of 3 *ELECTRONIC COPY Lei- Massachusetts Department of Environ mental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1704 WPA Form 4B- Order of Resource Area eDEP Transaction#:947561 Delineation Cityaown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 E. Signatures 1.Date of Original Order 2,No.of Signatures required 4 This Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation,this Order does not extend the issuance date of the original Final Order,and the Amended Order will expire on the date of the Original Final Order unless extended in Writing by the Department, This Order is issued to the applicant and the property owner(if different)as follows: 3. r By hand delivery on 4. r By certified mail,return receipt requested on a.Date a,Date Page 3 of 3 *ELECTRONIC COPY i 1 1 Order of Resource Area Delineation 189 Willow Street I Map 25 Parcel 167 DEP Pile # 242-1704 Facts &Findings: Wetland resource areas jurisdictional under the Massachusetts Wetland Protection Act(WPA) and the North Andover Wetland Protection.Bylaw (Bylaw) within the subject parcel include Bordering Vegetated Wetland (BV ).Wetland resource areas were delineated by Seekamp Environmental Consulting,Inc. and field verified by the Conservation Department on April 10 and May 17,2017. Wetland flags were reviewed and adjusted by Jennifer Hughes, Conservation Administrator, and include: BVW Flags Al-A23,131-133,C1-05,D1-D5. In addition,several previously disturbed areas with wetland hydrology,soils and vegetation were determined to be part of the approved construction activities undertaken under DEP#242-1279. At the public meeting held on August 10, 2016,the North Andover Conservation Commission(NACC) determined that areas delineated by flags 11-115,F1-F4,C1-C4,H1-H4,J1-J4,K1-K6,L1-L4 and M1-M5 are not jurisdictional wetland resource areas under the WPA or Bylaw. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation--WPA Form 4A and supporting documents,received March 30, 2017. Submitted by Seekamp Environmental Consulting,Inc.,129 Route 125,Kingston, NH 0,3848; Wetland Delineation Report, 189 Willow Street(Map 25 Parcel 4-2),North Andover,Massachusetts,dated August 2, 2017; A Plan entitled"Plan of Land in North Andover,MA'. Prepared by Merrimack Engineering Services, 66 Park Street,Andover,MA 01810. Dated November 10,2016 with a Revision date of August 1,2017. Stamped and signed by Stephen E. Stapinski,P.L.S.