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Home My WebLink About- Permits #242-1741 - 0 TURNPIKE STREET 3/19/2019 Bk 15786 Pg313 #5651 03-19-2019 @ 10 : 34a Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource PrOtectlon- Wetland, MassDEP File 4:242-1741 WPA Form 4B -Order of Resource Area eDEPTransaction 4:1065950 Delineation City;TouarNORTH AN DOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 A.General Information 1.Conservation Commission NORTH ANDOVI:R 2.This Issuance is for(Check one): a. w Order of Resource Area Delineation b. r Amended Order of'Resource Area Delineation 3.Applicant Details a.First Name b.Last Name c.Organization BAY DEVELOPMENT..LLC d.Mailing Address PO BOX c.C'ityrl'own MIDDLETON 1.State MA g.ZIP 01949 4.Property Owner(if different from applicant): a.First Name ALFRED b. Last Name MORRISON c.Organization d.Mailing Address 336 NORTH MAIN STREET c.City/Town MIDDLETON f.State MA ZIP 01949 zl �.Project Location a.Strect Address 0 TURNPIKE STREE"1' b.City/Town NORTH.ANDOVER C.Zip 01845 d.Assessors Map/PlatI, 108A c.Parcel/Lotc: 15 C.Latitude 42,6216 l N g. Longitude 71,05548W 6.Dates a.Datc.ANRAD Filed 9/27/2018 b.Date Public Hearing Closcd 2127r2019 c.Date Of Issuance 3!5/2019 7,Final Approved Plans and Other Docwnenis Plan plan Signed Plan plan Plan Title Prepared B Final Scale By y Sate PLAN TO ACCOMPANY AN ABBREVIATED NOTICE OF RESOURCE WILLIAMS CHRIST P. February AREA DE_LINF,ATION AT ff336 MAIN STREET,MIDDLETON&a0 & SPARAGES.22, 1"=40- TURNPIKE STREET,NORTH ANDOVER SPAT (AGES P.E. 2019 B.Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. r Accurate:The botutdaries described on the referenced plan(s)above and in the Abbreviated Notice ot'Resource Area Delineation am accurately drawn for the following resource area(s): 1. Wo Bordering Vegetated Wetlands 2. r Other resource area(s),specifically &ISOLATED VEGETATED WETLAND(D I-D 17) b. r- Modified:The boundaries described on the plan(~)referenced above,as modified by the Conservation Commission from the plans contained in the.Abbreviated Notice of Resource Area Delineation,arc acctu-ately drawn from the following resowcc area(s): Page 1 of 3 * ELECTRONIC COPY For deed reference please see Essex North Registry of Deeds Book 1331, Page 264. Bk 15786 Pg314 #5651 Massachusetts Department of Environmental Protection provided by MassDEP: Rureau of Resource Protection - Wetlands M&,sDF.P File :242-1741 WPA Form 4S -Order of Resource Area eDF.P'Transaction k:106i950 Delineation City;Tu%vnNORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 1. f Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. c. r- Inaccurate::The boundaries described on die relerenced plans)and in the Abbie%raWed Notice of Recouice Area De(ineation were R)und to be inaccurate and cannot be confirmed t6r the following resource area(s): 1. F Bordering Vegetated Wetlands 2. r Odwi resource area(s),specifically a. 3.The boundaries were determined to be inaccurate because: C. Findings This Order of Resource.Area Delineation detennines that the boundaries of those resourcC areas noted above,have been delineated and approved by the Commission and are bindingo as to all decisions rendered pursuant to the Massachuseus Wetlands Protection ,Act(M.G.L c.131,S 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.This Order must he signed by a majonty ofthe 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 li p:liwwti,,.mass.govidep.-aboudregionffindyour.litil). 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 dieir right to request die 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 lunited to die objections to the resource area delineation(,)stated in the appeal request.The request must be trade by certified mail or hand deliveiy to the Department,with the appropriate filing ice and a comptcted Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days front 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 appet)ants seeking to appeal the Department?s Superseding Order of Resource Area Delineation will be required to demonsu•ate prior participation in die review of this project. Previous participation in die permit proceeding means the submission of wnllen in-formation to the Conservation Conunission prior to the close of die public hearing,requesting a Superseding Order or Determination,or providing written information to die 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 do cs 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 1 ELECTRONIC COPY Bk 15786 Pg315 #5651 Massachusetts Department of Environmental Protection Provided by MasSDLP: Bureau of ReSOUrcc Protection - Wetlands MassDFP Fdc,';:242-1 74i WPA Form 4B -Order of Resource Area el)FPTransactinn 9.1065950 Delineation city;rown:�0RTr[ANEMIER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 E. Signatures 1. Date of Original Order 711 �- 2.No.of Signatures required 7 116.Order is valid for three years fnim the date or issuance. if dais Order constitutes an Amended Order of Resource Area Delineation,this Order does not extend the issuance date of the original Final Ordcr,and the Amended Order will expire on the date of the Onginal Final(a•der unless extendod in writing by the Department. This Order is issued to the appiicam and the property owner(if dill'rent)as follows: 3. r By hand delivery on 4. 1TiBy cettitied snail,return receipt requited on a. Date a.Date Page 3 of 3 " ELECTRONIC COPY Bk 15786 Pg316 #5651 Order of Resource Area Delineation 0 Turnpike Street DEP File # 242-1741 Applicant: Bay Development, LLC PO Box 1008 Middleton, MA 01949 Property Owner: Alfred Morrison 336 North Main Street Middleton, MA 01949 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 lVetland (BV�V) associated v:ith an internttent stream which flows from an existing culvert on the subject property onto state owned land (Harold Parker) and Isolated Vegetated Wetland JVW). Wetland resource areas were delineated by Greg Hochmuth of Williams &Sparages, LLC on August 15, 2018. Wetland flags were confirmed by Jennifer Hughes,Conservation Administrator, on October 1, 2018. Additional information to confirm the delineation was provided in February of 2019. Wetland resource areas on the subject parcel include: BV W Flags: 136-1314 (Harold Parker property),CC1-C18 (0 Turnpike and Harold Parker property) IVW Flags DI-D17 USGS, Mass GIS and historic aerials show an intermittent stream on the property that is no Ionger present.The documents referenced herein support that the channel only carried storm flows and was not a jurisdictional resource area. The North Andover Conservation Commission also requested water quality testing based on site observations to confirm that no toxic or hazardous materials were present. Record Documents: i Abbreviated Notice of Resource Area Delineation 336 North Main Street, Middleton Assessors map 9, Parcel 20, 0 Turnpike Street, North Andover, Assessors map 108A, Parcel 0015- WPA Form 4A and supporting documents, dated September 13, 2018. Prepared by Williams &Sparages, LLC, 189 North Main Street,Suite 101, Middleton, MA 01949; r Plan entitled "Plan to Accompany an Abbreviated Notice of Resource Area Delineation #336 Main Street Middleton, MA #0 Turnpike Street North Andover, MA." Prepared by Williams&Sparages, LLC, Date: September 18, 2018 and last revised February 22, 2019. Stamped and signed by Christ P. Sparages, P.E.; y Site Visit Summary from: Chris Sparages, P.E. Date: October 17, 2018 Subject: Pipe Inspection,336 North Main Street, Middleton, MA Letter from Luke Fabbri, President, LSR Geological Field Services, Inc. Date: October 19, 2018 RE: 336 North Main Street, Middleton, MA Including. Report of Analytical Results prepared by New England Testing Laboratory, Inc. Report Date 18-October-2018 Bk 15786 Pg317 #5651 r Letter from Greg J. Hochmuth, RS, PWS, CWS, Project Manager, Williams &Sparages, LLC Date: February 11, 2019 Subject: #0 Turnpike Street, North Andover, MA Middleton Farm Supply, Abbreviated Notice of Resource Area Delineation DEP File Number 242-1741 Site Visit Sununary from: Chris Sparages, P.E. Date: February 22, 2019 Subject: Additional Drainage System Evaluation, 336 North Main Street, Middleton, MA 0 Turnpike Street, North Andover, MA Drain Line Inspection Photos- Middleton, MA Photos Taken: 10/17/2018 State Highway Layout Plan - North Andover- 1946 Alterations Plan of Road in the Town of North Andover, Essex County Showing Location of Easement for Drainage Purposes taken by the Department of Public Works March 25, 1970 i� Site Development and Grading Plan (with Wetland Flags) Applicant: Valley Realty Development, LLC Architect: GSD Associates Site Engineer: GZA M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED