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HomeMy WebLinkAboutMiscellaneous - 0 WINTER STREET 4/30/2018 (3)- `a.:.. .. � t __ _ - --- - .._ - � t �_ I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1251 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out From: forms on the North Andover Conservation computer, use Conservation Commission only the tab key to move This Issuance is for (check one): your cursor - do not use the return key. ® Order of Resource Area Delineation ❑ Amended Order of Resource Area Delineation To: Applicant: ' Claude & Laura Elias Name 119 Hooker Farm Road Mailing Address Salem NH 03079 Cityfrown State Zip Code 1. Project Location: Winter Street E Property Owner (if different from applicant): Santo & Anna Messina Name 115 Winter Street Mailing Address North Andover MA 0184 City/Town State Zip Code North Andover Street Address City/Town Map 103 Lot 120 Assessors Map/Plat Number Parcel /Lot Number Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Land, Sheets 1 & 2 May 4, 2004, Title revised 5/18/04 Abbreviated Notice of Resource Area Delineation May 2004 Title Date Title 3. Dates: 5/13/04 Date Notice of Intent Filed 5/26/04 5/28/04 Date Public Hearipg Closed Date of Issuance Date wpaformft.doc • rev. 12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1251 LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation The Conservation Commission .has determined the following (check whichever is applicable): ® 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): ® Bordering Vegetated Wetlands ® Other Resource Area(s), specifically: Associated buffer zones (25 -foot No -Disturbance, 50 -foot No -Build, and 100 -foot buffer zones). ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: The boundaries were determined to be inaccurate because: wpaformft.doc - rev. 12!15/00 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation �y�' f � Provided by DEP ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation (cont.) This Order of Resource Area Delineation determines the boundaries of those resource areas noted above and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations (310 CMR 10.00) regarding such boundaries. 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 Commission. certified mail (return receipt requested) or hand. delivered to the applicant. hand delivered at the same time to the appropriate DEP Regional Office This Order is valid for three years from the date of issuance. The Ord be sent by 4 y also must be mailed or �p ppendix A) This Order is issued to the applicant and the property owner (if different) as follows: ❑ by hand delivery on [2/by certified mail, return receipt requested on Date C. Appeals �s/as/vy Date 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 (see Appendix A) to issue a Superseding Order of Resource Area Delineation. 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 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. 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 bylaw or ordinance, and not on the Massachusetts Wetlands Protection.Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc • rev. 12/15/00 Page 3 of 3 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 A. Request Information Important: When filling out 1 forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ' Ikff rim Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address CityfTown State Zip Code Phone Number Fax Number (if applicable) Project Location Mailing Address 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 Phone Number 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 State Fax Number (if applicable) Zip Code 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 Wpaform4b.doc - Appendix E • rev. 2100 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form 'Ll 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. Wpaformft.doc - Appendix E • rev. 2100 Page 2 of 2