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Home My WebLink About- Permits #242-1767 - 41 MARK ROAD 10/22/2019 4 For cqj s I q of 0 IIY M by assachuse Provided tts Department of Environmental Protection 242-1 MassDER 767 Bureau of Resource Protection -Wetlands MassDEP File Number VW PA Form! 4B — Order of Resource Area eDEP Transaction... Number L Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 City/Town A. General Information Important:When North Andover filling out forms Fro, 1,Conservation Commission on the computer, use only the tab 2. This Issuance is for(check one): key to move your cursor-do not use the return a. [A Order of Resource Area Delineation key. Qb. El Amended' order of Resource Area Delineation 31 Applicant: Neil & Lisa Rosenberg a. First Name b.Last Name Note: c,Organization Before 70 Court Street completing this form consult d.Mailing Address your local North Andover MA 01845 Conservation own f.State g.Zip Code Commission regarding any 4. Property Owner(if different from applicant): municipal bylaw or ordinance. Steven Sherwin a. First Name b.Last Name c.Organization 47 Puritan Road d.Mailing Address SomerviEle MA 01845 e.Cityfrown f.State g.Zip Code 5. Project Location: 41 Mark Road North Andover 01845 a.Street Address b,CityfTown c.Zip Code .Map 98A --- Lot 25 .................... d.Assessors MaplPlat Number e. Parcel/Lot Number Latitude and Longitude 42d67m0370s mmm71d10rn3630s (in degrees, minutes, seconds): f. Latitude g. Longitude 6. Dates: September 10, 2019 September 25, 2019 October 22, 2019 a. Date ANRAD filed b,Date,Public Hearing Closed c.Date of Issuance wpaform4b.doc-rev.8/1712017 WPA 413,Order of Resource Area Delineation-Pago 1 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1767 MassDEP File Number WPA Form 4B — Order of Resource Area Ll Delineation Borth Transaction Number North Andover Massachusetts Wetlands Protection Act M.GL. c. 131, §40 Cityrrown A. General Information (cont) 7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: 41 Mark Road Plot Plan of Land prepared by Sullivan Engineering Group, LLC, signed and stamp9q by John Sullivan, scale 1"=20' b. Date dated September 9, 2019 c.Title d. Date B. Order of Delineation 1, The Conservation Commission has determined the following (check whichever is applicable): a. 0 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. Z Bordering Vegetated Wetlands 2. El Other resource area(s), specifically: a. **The Commission notes that the off-site BVW is more extension to the west and south than what the approved_p.Ian shows 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): i. n Bordering Vegetated Wetlands 2. E] Other resource area(s), specifically: a. 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 2. Other resource area(s), specifically: ... ........... wpaform4b.doc-rev.811 712 01 7 WPA 48,Order of Resource Area Definealion-Page 2 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1767 assDEP File Number WPA Form 4B — Order of Resource Area LI Delineation eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town B. Order of Delineation (cont.) 3. El 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, §40) and its regulations (310 CMR 1 0.0O)�. 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.qov/eea/aaencies/massd,ep/gbo,ut/contacts,/find-the-massdep-regional-office-for-your-, citv-or-town.html). 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 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 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, § 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.8117t2017 WPA 4B,Order of Resource Area Delineation-Page 3 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands ._;z"z --L767— MassDEP File Number WPA Form 4B — Order of Resource Area 242-1767 Ll Delineation North Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town E. Signatures Date of Issuance Please indicate t um er of M bets who will sign this form. — 4 - �1.N17ubeXf Signers S' qj, is Signal jW Commission Member tore 63��ffsmr-ofvv L) Signature of o ervatjon Commission Member Signature of Conservation Commission Member -Sig C)urLeof'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. If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend the issuance date of the original Final Order, which expires on unless extended in writing by the issuing authority. This Order is issued to the applicant and the property owner(if different) as follows: Z El By hand delivery on 3,*y certified mail, return receipt requested on a.Date a, Date wpaform4b.doc-rev.611712017 VVPA 4B,Order of Resource Area Delineation-Page 4 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1767 MassDEP File Number WPA Form 4B — Order of Resource Area LI Delineation eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town wpaform46,doc-rev.8117/2017 WPA 48,Order of Resource Area Delineation,Page 5 of 4 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 242-1767 MassDEP File Number WPA Form 4B — Order of Resource Area Ll Delineation eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CityTr.own ....... Recording Information Prior to commencement of work, this Order of Resource Area Delineation 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 Resource Area Delineation. The recording information on this page 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 Resource Area Delineation for the Project at: 41 Mark Road 242-1767 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page For: ..Stephen Sherwin at the time of ANRAD application submittal Property Owner and has been noted in the chain of title of the affected property in: 14710 326 Book Page In accordance with the Order of Resource Area Delineation issued on: October 22, 2019 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 wpaffm4b.doc rev.8117/17 Registry of Deeds Recordation Form y Page 1 of 1