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HomeMy WebLinkAbout- Permits #242-1741 - 0 TURNPIKE STREET 3/5/2019 Order of Resource Area Delineation 0 Turnpike Street DEP File # 242-1.741 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 Wetland (BVW) associated with an intermittent stream which flows from an existing culvert on the subject property onto state owned land (Harold Parker) and Isolated Vegetated Wetland (1VW). 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: BVW Flags: B6-B14 (Harold Parker property),CC1-C18 (0 Turnpike and Harold Parker property) IVW Flags D1-D17 USGS, Mass G1S and historic aerials show an intermittent stream on the property that is no longer 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: ➢ 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; ➢ 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.; ➢ 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, LSP, 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 ➢ 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 Summary 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 ➢ Site Development and Grading Plan (with Wetland Flags) Applicant: Valley Realty Development, LLC Architect: GSD Associates Site Engineer: GZA Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1741 WPA Form 4B-Order of Resource Area eDEP Transaction#:1065950 Delineation City/Fowir:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 ................ ..................... __ A.General Information 1.Conservation Commission NORTH ANDOVER 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 e.City/Town MIDDLETON f.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 e.City/Town MIDDLETON f State MA g.ZIP 01949 5.Project Location a.Street Address 0 TURNPIKE.STREET b.City/fown NORTH ANDOVER C.Zip 01945 d.Assessors Map/Plat# 108A e.Parcel/Lot# 15 f.Latitude 42.62161N g.Longitude 71.05548W 6.Dates a.Date ANRAD Filed 9/27/2018 b.Date Public Hearing Closed 2/27/2019 c.Date Of Issuance 3/5/2019 7.Final Approved Plans and Other Documents Plan Plan Plan Plan Title P►epared Plan$igned Final scale By y Date PLAN TO ACCOMPANY AN ABBREVIATED NOTICE OF RESOURCE. WILLIAMS CHRIST P. February AREA DELINEATION AT#336 MAIN STREET,MIDDLETON&40 & SPARAGES,22, 1" 40' TURNPME,STREET,NORTH ANDOVER SPARAGES P.R. 2019 B. Order of Delineation 1.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. r%e-Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a.ISOLATED VEGETATED WETLAND(DI-D17) b. r 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): Page 1 of 3 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1741 WPA Form 4B - Order of Resource Area eDEP Transaction#:1065950 Delineation City/rown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 1. r-Bordering Vegetated Wetlands 2. I- Other resource area(s),specifically a. 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. F 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(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 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 htt)://www.mass.gov/dep/abouVregion/fmdyour.htm). 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 snail 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 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 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1741 WPA Form4B -Order of Resource Area eDEI?Transaction#:1©6ssso City/Town:NOR7lH ANDO VER Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 — 1.Date of Original Order _��7/Ig E. Signatures - 2.No.of signatures required 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 Deparhnent. This Order is issued to the applicant and the property owner(iZy rent)as follows: 3. r By hand delivery on 4, certified mail,return receipt requested on a.Date a.Date "/ l f i i E Page 3 of 3 *ELECTRONIC COPY E is