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Home My WebLink AboutMiscellaneous - 303 CHESTNUT STREET 4/30/2018 (2) W , C.^� \ , •� J "� Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1660 WPA Form 411 -Order of Resource Area Delineation eDEP Transaction#:777541 Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Town:NORTH ANDOVER A.General Information 1.Conservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. r Order of Resource Area Delineation b. C Amended Order of Resource Area Delineation 3.Applicant Details a.First Name PHILIP b.Last Name BUSBY c.Organization d.Mailing Address 9 POND LANE e.City/Town ATKINSON f.State NH g.ZIP 03811 4.Property Owner(if different from applicant): a.First Name PHILIP b.Last Name BUSBY c.Organization d.Mailing Address 9 POND LANE e.City/rown ATKINSON f State NH g.ZIP 03811 5.Project Location a.Street Address 303 CHESTNUT STREET b.City/Town NORTH ANDOVER C.Zip 01845 d.Assessors Map/Plat# 98C e.Parcel/Lot# 8,9, 10 f.Latitude 42.67091N g.Longitude 71.11244W 6.Dates a.Date ANRAD Filed 9/16/2015 b.Date Public Hearing Closed 10/21/2015 c.Date Of Issuance 10/23/2015 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 ANDOVER,MA DONOHOE PAUL J.DONOHOE Oct. 19, V=30' PROPERTIES OF PHILIP A.&ANNA MARIE BUSBY SURVEY,INC. SURVEY,INC. 2015 B.Order of Delineation L The Conservation Commission has determined the following(check whichever is applicable) a. r 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. �Bordering Vegetated Wetlands 2. R Other resource area(s),specifically &INLAND BANK-FLAGS 1312-1315 b. C 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): 1. r Bordering Vegetated Wetlands 2. C Other resource area(s),specifically a. Page 1 of 3*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1660 WPA Form 4B-Order of Resource Area Delineation eDEP Transaction#:777541 Ll Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Town:NORTH ANDOVER c. ❑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. E 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 Commission.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 the appropriate DEP Regional Office(see http://www.mass.gov/dep/about/region/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 the 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 Cormnission and to the applicant,if he/she is not the appellant Any appellants seeking to appeal the Departments 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 the public hearing, requesting a Superseding Order or Determination,or providing written information to the 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(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. Page 2 of 3*ELECTRONIC COPY L11Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1660 WPA Form 4B -Order of Resource Area Delineation eDEP Transaction#:777541 Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Town:NORTHRNDOVER 1.Date of Original Order E. Signatures 2.No.of Signatures ' 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. F By hand delivery on 4. f XBy certified mail,return receipt requested on a.Date a.Date / ?4' �S Page 3 of 3*ELECTRONIC COPY Order of Resource Area Delineation 303 Chestnut Street DEP File #242-1660 Facts&Findings: Wetland resource areas,jurisdictional under the Massachusetts Wetland Protection Act(WPA)and/or the North Andover Wetland Protection Bylaw(Bylaw),within the subject parcel include Bordering Vegetated Wetland(BVW),Pond and Inland Bank associated with an Intermittent Stream.Wetland resource areas were delineated by Mary Rimmer of Rimmer Environmental Consulting,LLC in July of 2015. Wetland flags were confirmed by Jennifer Hughes,Conservation Administrator,on September 15,2015 and include: BVW Flags#A-1 through A-16 and B-1 through B-12; Inland Bank Flags B-12 through B-15; Potential Vernal Pool/Ephemeral Pool-The Natural Heritage and Endangered Species Program identifies the pond on the property as a Potential Vernal Pool.Further investigation found that the pond contains fish and cannot be considered an Ephemeral Pool per the criteria established under the North Andover Wetlands Protection Bylaw Regulations. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation-WPA Form 4A and supporting documents,received September 10,2015. Prepared by Rimmer Environmental,LLC,30 Green Street,Newburyport,MA 01950; ➢ Plan entitled"Plan of Land in North Andover,MA Properties of Philip A.&Anna Marie Busby". Prepared by Donohoe Survey,Inc.,363 Boston St.Topsfield,MA. Dated August 5,2015 and last revised Oct.19,2015. Stamped and signed by Paul J.Donohoe,PLS; FOR r�m DATES ��'TIME M .i .O 2��? C STitJ wT S TR eP 7` `' PHONED ❑FAX ,RETURNED. .' PHONE O MOBILE YOUR CALL AREA CODE NUMBER EXTENIONeLALL MESSAGE 7Uv11 ��'v{ Gtr �7�,C ✓t/> iC'yG WILL CALL AGAIN SEE YODU WANTSTO SEE YOU SIGNED LOPS. FORM 4002 North Andover Conservation Commission Site Inspection Sheet Dep File#242- Yd'oes of have permit with Conservation Commission Date: 02 �Jr Address:—,?6)L3 Ghe64ncx-:� Sr-e4 Agent/Representative/Owner present: Hcu,,e, 'B usL L4 Findings: A—. Olc�ner �+V,5- o I rQ O1" ec�rS air► f�as t, ►,IA4e,+1On C ir4alc-1'�I,� t�c� 1u M'SOL'W r, tO Sf4 S u)Ker-S w711 ' Fa� G;J -�n G n0 6 Ga �n CtL ^�S tcl L r �CIIJ�1cz. C)J r L—�- 2,5042rGC'. :Ta- !'1 �K.{'TV�ape6 no �' `1Coe-- 11.aS, k Av ) J�n Porc,ti e,+ (ten �u�� e uy► cel sct