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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: North Andover
When filling out From: 1.Conservation Commission
forms on the
computer, use 2. This Issuance is for(check one):
only the tab key
to move your
cursor-do not a. ® Order of Resource Area Delineation Only
use the return
key.
b. ❑ Order of Resource Area Delineation Subject to Simplified Review
1. ❑ Not Subject to Stormwater Policy
ISI 2. ❑ Subject to Stormwater Policy
C. ❑ Amended Order of Resource Area Delineation
Note:
Before 3. To: Applicant:
completing this
form consult Barbara Tomkins Albacado Greenland Limited Partnership
your local a.First Name b. Last Name c.Company
Conservation
Commission 45 Beechwood Drive
regarding any d.Mailing Address
municipal bylaw North Andover MA. 01845
or ordinance. e.Cit /Town f.State
City/Town g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b. Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
Lot 1A Beechwood Drive North Andover
a. Street Address b.Cityrrown
Map 34 Parcel 50
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude(note: electronic filers
will click for GIS locator): e. Latitude f. Longitude
4/12/07 5/9/07 5/24/07
6. Dates: a. Date Notice of Intent filed b.Date Public Hearing Closed c.Date of Issuance
7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Resouce Area Delineation Plan 3/13/07, revised
a.Title 5/3/07
c.Title d.Date
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation
1. The Conservation Commission has determined the following (check whichever is applicable):
a. ® 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. ® Other Resource Area(s), specifically:
BLSF (100-year Flood Elevation-58.7)
b. ❑ 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. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
C. ® 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):
1. ® Bordering Vegetated Wetlands--('6-rfipPoAeA7'y,
2. ® Other Resource Area(s), specifically:
All depicted buffer zones and off property Bordering Vegetated Wetlands
3. The boundaries were determined to be inaccurate because:
Off property Bordering Vegetated Wetlands were not confirmed Buffer Zones depicted do not
account for any off property resource area
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T
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review
Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you
must comply with the following conditions. If your project does not meet these requirements, you are
required to either file a Determination of Applicability or Notice of Intent or take other corrective
measures as directed by the Conservation Commission.
Simplified Review Conditions:
Work conducted under Simplified Review requires the following:
1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and
Bordering Land Subject to Flooding.
2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone
shall not be disturbed by any work associated with this project, including placement of any
stormwater management components.
3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified
vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border
coastal resource areas at 310 CMR 10.25-10.35.
4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife
habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare
Wetlands Wildlife).
5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone
line or limit of work(whichever is a greater distance from the resource area) to protect resource
areas during construction.
6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in
conformance with an approved Stormwater Management Plan.
7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient
across the 100-foot Buffer Zone.
8. The amount of new impervious surface, in combination with existing impervious surfaces, shall
not exceed 40% of the Buffer Zone between 50 and 100 feet.
9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50-
foot Buffer Zone during the three-year term of an Order associated with this application.
10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall
be flagged; all boundary delineation flagging should be maintained for the term of the Order.
11. If stormwater management structures are proposed in the Buffer Zone, the stormwater
management structures shall be maintained as required in the Stormwater Plan. Such
maintenance constitutes an ongoing condition and is not subject to further permitting
requirements.
12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the
Registry of Deeds prior to the commencement of work per the requirements of Section F.
13. Prior to proceeding with any work under Simplified Review, applicants are required to provide
written notice to the Commission one week prior to commencing any work.
14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI
or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD
associated with this application. If work authorized under Simplified Review is not commenced, then
future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone.
--End of Conditions--
wpaform4b.doc•rev.01!07 Page 3 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1396
L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review (cont.) j
Stormwater Applicability
1. ❑ The project is not subject to the Stormwater Policy.
2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the
project complies with all stormwater standards.
Ineligibility Determinations
Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a
Request for Determination of Applicability or Notice of Intent prior to any work because:
3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25-
10.35.
4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%.
5. ❑ Buffer Zone contains estimated rare wildlife habitat.'
6. ❑ The site borders an Outstanding Resource Water.2
Stormwater
7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient
information to demonstrate compliance with the Stormwater Management Policy. Prior to any
work, the applicant must submit plans showing compliance with the standards in the
Stormwater Policy, the location of the work, the amount of impervious surface, and the
location of erosion controls, to the Commission for its concurrence. (See instructions to
ANRAD Form 4A.)The following necessary stormwater information was not submitted by the
applicant:
a.
s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or
more of the stormwater standards(specify which standard(s) not met).
a. Standard#
b. Standard#
9. ❑ Impervious surface exceeds 40%of the area of the Buffer Zone between 50 and 100 feet
from the resource area.
1o. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls
located at the limit of work or at least 50 feet from any resource areas,whichever will be greater.
11. ❑ Work is proposed within 50 feet of a resource area.
Notice to Commission
Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR
10.02, must provide written notice to the Commission one week prior to any work.
' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered
Species Program.
2 Certified Vernal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00.
wpaform4b.doc•rev.01/07 Page 4 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Findings
This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and 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, §40) and its regulations (310 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.
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.
If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone
project, the applicant has certified that any work associated with the proposed project meets all eligibility
requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with
the Simplified Review requirements will require a Notice of Intent or Request for Determination of
Applicability.
The applicant is responsible for promptly requesting a Certificate of Compliance following completion of
any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order
of Resource Area Delineation unless the Order is extended.
Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the
Department to take enforcement action.
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/findvour.htm).
E. 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 theappropriate DEP Re ional Office to
q9 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
Commission and
to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's
Superseding Order associated with this appeal 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, §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.01/07 Page 5 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
F. Signatures and Notary Acknowledgement
Please indicate�nurm ers who will sign this for
1. Number of Signers
Z117
Signa ure of Co6servation tommissi Member , Sig re of Co se mission Member
-�
Signature of Conservation Commissio Member Sin Co n tuber
Signature of Conservation Commission Member Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
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
slay
Date Date T
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On thisDOf
Day Month Year
Before me, the undersigned Notary Public, 'S df- Mas-
,Set-personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of North Andover City/Town Conservation Commission
DONNA K WEDGE Signature of Notary Public
i � NOTARY PUBLIC
C
"""'AONWEALTH OF MASSACFIt7�ETTS Ddrj/��
•-rn'm.Expires Aun. ' .,1
Printed Name of Notary Public
J o�dD
Place notary seal and/or any P stam above
My Com issio Expires(Date)
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i
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4B — Order of Resource Area Delineation 242-1396
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
G. Recording Information
If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be
recorded.
If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 of this form shall be
submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
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:
242-1396
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
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 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. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. Cityfrown State Zip Code
tab Phone Number Fax Number(if applicable)
Project Location
mtrm
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 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$100.00(single family house projects)or$200(all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform4b.doc
Page 1 of 2
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o !
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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
http://www.mass.gov/dep/about/region/findvour.htm).
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.
wpaform4b.doc Page 2 of 2