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HomeMy WebLinkAbout- Decision - 0 GREAT POND ROAD 11/28/2018 Order of Resource Area Delineation 0 Great Pond Road DEP File # 242-1743 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) and Isolated Vegetated Wetland (IVW). Wetland resource areas were delineated by Greg Hochmuth of Williams &Sparages,LLC in August of 2018. Wetland flags were confirmed by Jennifer Hughes, Conservation Adn-dnistra tor, on October 25,2018 and include: BVW Flags AI-A10, FI-F1.0,GI &G2 connected to 133-1325, connected to C13-C1, D1-D18 IVW Flags El-E9 The wetlands delineated do not reflect all resource areas on the referenced parcel. Only the resource areas shown on the herein referenced plan are confirmed. No additional resource areas exist within the area shown on the plan. Record Documents: Plan to Accompany an Abbreviated Notice of Resource Area Delineation 0 Great Pond Road North Andover &Boxford,Mass. Abbreviated Notice of Resource Area Delineation 0 Washington Street Boxford,Massachusetts Assessors map 9, Block 1,Parcel 6& 0 Great Pond Road North Andover,Massachusetts,Assessors Map 103,Parcel 3 including form WPA Form 4A and supporting documents,dated October 15,2018. Prepared by Williams & Sparages, LLC,189 North Main Street,Suite 101,Middleton, MA 01834; Letter from Williams &Sparages, LLC signed by Greg J. Hochmuth, Ecological Division Manager Date: November 12, 2018 Subject: 0 Great Pond Road Revised ANRAD Plan ry Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1743 WPA Form 413 - Order of Resource Area cDEP Transaction 4:1067051 Delineation City/Tovni:NORTHANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 A. General Information 1.Conservation Commission NORTH ANDOVER 1 This Issuance is for(Check one): a, r- Order of Resource Area Delineation b. rvl Amended Order of Resource Area Delineation 3.Applicant Details a.First Name PAUL b.Last Name GRIFFIN c.Organization BROODS SCHOOL d.Mailing Address 1160 GREAT POND ROAD C,City/Powil NORTH ANDOVER f.State MA g.ZIP, 01845 4,Property Owner(if different from applicant): a.First Name PAUL b.Last Name GRIFFIN c.Organization BROOKS SCHOOL d.Mailing Address I l 60 GREAT POND ROAD c.City/Town NORTH ANDOVER f State MA g.ZIP 01845 5.Project Location a.Street Address 0 GREAT POND ROAD b,City/f own NORTH ANDOVER C.Zip 01845 d.Assessors Map/Plat# 103 c.Parcel/Lot# 3 f Latitude. 42.70923N g.Longitude 71.08003W 6.Dates a.Date ANRAD Filed 10/26/2018 b.Date Public Hearing Closed 11/28/2018, c.Date Of Issuance 11/30/2018 7,Final Approved Plans and Other Documents Plan Prepared Plan Plan Signed Plan Plan Title By By Final Scale Date PLAN TO ACCOMPANY AN ABBREVIATED NOTICE OF ANDOVER PETER D. November RESOURCE AREA DELINFKTION GREAT POND ROAD NORTH CONSULTANTS,GOODWIN, 1 11=40 ANDOVER&BOXFORD,MASS. INC. PLS 1,2018 B. Order of Delineation 1.The Conservation Commission has deten-nincd the following(check whichever is applicable) a. 174 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. P'Bordering Vegetated Wetlands 1 W Other resource area(s),specifically &ISOLATED VEGETATED WETLAND(RTO-NORTH ANDOVER WETLANDS PROTECTION BYLAW RESOURCE AREA-SEE ATTACHED b. r Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission florn,the Page 1 of 3 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1743 WPA Form 413- Order of Resource Area eDEP Transaction#:1067051 Delineation City/Town:NORTH ANDOVFR Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 plans contained in the Abbreviated Noticc ofResource Area Delineation,are accurately drawn from the following resource area(s): 1. r-Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. c, r 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): i. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. 1 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 die 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 reccipt 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 littp://www,iiiass.gov/dep/about/regiotilfitidyoiir,htin). 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 Departnienfs review is limited to the objections to the resource area delineation(s)stated in the appeal request.Tile request must be made by certified mail or band delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 3 10 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the i-cquestsliaLl at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if lie/she is not the appellant,Any appellants seeking to appeal the Depailmcnt?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 Corrunission prior to the close of the public hearing,requesting a Superseding Order or Detennination,or providing written infon-nation 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,(N4,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 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1743 WPA Form 413-Order of Resource Area ef)EP Transaction#:1067051 Delineation City/Town:NORTH E ANDOVR Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 ........... E. Signatures 1.Date of Original Order 2.No.of Signatures required ............... .............. ....... . ........ Th s 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, rA y certified mail,return receipt requested on a.Date a.Date Page 3 of 3 ELECTRONIC COPY