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HomeMy WebLinkAbout- Permits #242-1771 - 1 ROYAL CREST DRIVE 11/25/2019 4 f�or H(')gi."Jry of De'e'(k Use", Only Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1771 MassDEP File Number WPA Form 4B — Order of Resource Area Ll Delineation North Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town A. General Information Important:When North Andover filling out forms From:1. 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 Order of Resource Area Delineation key. b. El Amended Order of Resource Area Delineation eab 3. Applicant: .Timothy Smith a. First Name b.Last Name Trinity Financial, Inc. Note: c.Organization Before 75 Federal Street, 41h Floor completing this .............. form consult d.Mailing Address your local Boston MA 02110 Conservation e.Cityrrown f.State g,.Zip Code Commission regarding any 4, Property Owner(if different from applicant): municipal bylaw or ordinance. a. First Name b.Last Name AIMCO/TTA MS 235 c/o Three Gallaria Tower c,Organization 13155 Noel Road Suite 100 LB 235 d.Mailing Address Dallas TX 75240 e.City/Town f.State g.Zip Code 5. Project Location: 1 &28 Royal Crest Drive North Andover 01845 a. Street Address b.Cityrrown c.Zip Code Map 25 Lots 66 & 35 ---------------d.Assessors Map/Plat Number e.Parcel/Lot Number Latitude and Longitude 42d40m14.952s 71d07m09.444s (in,degrees, minutes, seconds): f.Latitude g. Longitude October 9:, 2019 November 6, 2019 November 25, 2019 6. Dates: -a—.bate A'N-RAD filed b.Date Public Hearing Closed c.Date of Issuance wpoform4b.doo-rev.8,117/2017 WPA 4B,Order of Resource Area Delineation•Page 1 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1771 Mass,DEP Fife Number WPA Form 4B — Order of Resource Area Delineation eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town A. General Information (cont) 7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Existing Conditions Plan of Land sheets Sv1-Sv7, signed and stamped by 11-05-19 .Russell Bousq�uet, PLq..scale V=80' b. Date c.Title d. Date Bs Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. El 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. El Bordering Vegetated Wetlands 2. El Other resource area(s), specifically: a. L 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: a. Isolated Vegetated Wetlands (see attached NACC Findings) plan set revised to November 5, 2019 C. El 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. El Bordering Vegetated Wetlands 2. El Other resource area(s), specifically: vvpaform4b.doc-rev.811712017 WPA 413,Order of Resource Area Delineation•Page 2 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: 242- Bureau of Resource Protection - Wetlands MassDE1771 P He Number WPA Form 4B — Order of Resource Area Dellneat�©n eDEP Transaction Number North Andover Massachusetts Wetlands Protection Act KG.L. c. 131, §40 cityrrown--, B. Order of Delineation (cont.) 3. [J 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 CIVIR 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 http://www.ma;ss.00v/eealagiencies/massdei)/about/contacts/find-the-massdep-re_qionial-office-for-your- city-or-town.htmi). 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 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 CIVIR 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, j! wpaform4b.doc-rev,8117/2017 WPA 48,Order of Resource Area Delineation-Page 3 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1771 MassDEP File Number WP orm A F 4B — Order of Resource Area Ll i Delineation North Transaction Number North Andover Massachusetts Wetlands Protection Act M.G,L c. 131, §40 Cilyffown E. Signatures Date of issuance Please indicate the number of members who will sign this form. Is 1. Number of Signers Sig at re o o e ation gommission Member Signature of Conservation Commission Member SignAre of Conservation Commission MembQr �inature nnnnof Conse on mission Member OLII Signa re of on ation Commission Member signatTlte of C o n s e-v ti: n 6mm`is"SIon Member 04ekait0h Commission Member T 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 of different) as follows: 2.❑I By hand delivery on 3. By certified mail, return receipt requested on a. Date a. Date wpaforrn4b,doc r rev.8117/2017 WPA 4B,Order of,Resource Area Delineation Page 4 of 4 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 242-1771 M-. i assDEP File Number WPA Form 4B — Order of Resource Area Delineation North Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town 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 thus 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: 1 &28 Royal Crest Drive 242-1771 - ............ Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page For: AIMCO/TTA IVIS 235 c/o Three Galleria Tower Property Owner and has been noted in the chain of title of the affected' property in: 7042 122 Book ............--- .0 age In accordance with the Order of Resource Area Delineation issued on: November 25, 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 wpafrrn4b.doo rev.8/17/17 Registry of Deeds Recordation Form-Page 1 of 1 a 1 Order of Resource Area Delineation. 1 &28 Royal Crest Drive (Royal Crest Apartments) Map 25 Lot 66 &85 DFP File # 242-1771 Facts &Findings: Wetland resource areas jurisdictional under the Massachusetts Wetland Protection Act (WPA) and 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 Rirrrmer Environmental Consulting, LLC and field verified by the Conservation Department on October 16,2019 and October 25, 2019. Wetland Tags were reviewed and adjusted in the field at the request of Amy Maxner, Conservation Administrator. The Conservation Commission held the public hearing at its October 23, 20119 and November 6,20119 meetings and voted to confirm the following wetland resources on site: i ■ Series B 1-B6—Bank to Intermittent Stream ■ Series 136-1336 - BVW ■ Series E1-E7--IVW ■ Series Fl-F8—IVW • Series H1-II6—IVW ■ Series Ll-1A—IVW • aeries M20-M26—Bank to Intermittent Stream } • Series Mil-M19 - BVW • Series N1-N18 —BVW • Series POI-PO 17—IVW • Series P1-P5 —BVW • Series Q1-Q17 - IVW ■ Series RI-R6--IVW ■ Series UI-U40—BV W ■ Series.Zl-Z8 - IVW • Associated 100-Foot Buffer Zones, 25-Foot No Disturb and 50-Font No Build Zones A Previous GRAD issued in 2012 confirmed other small areas of IVW that were eliminated from this current review based on soils, vegetation and square footage. These areas were reviewed by the Conservation Department staff and the Commission agreed with their elimination. 1 1 Record Documents: Abbreviated Notice of Resource Area Delineation- WPA Form 4A and supporting documents, received October 9,2019, DEP Bordering Vegetated Wetland Delineation Field Forms received October 22, 2019. Submitted by applicant Timothy Smith, Trinity Financial, Inc., 75 Federal Street, 4t"Floor, Boston,MA 02110; Wetland Resource Evaluation,Trinity Royal Crest, Royal Crest Drive, North Andover, MA dated October 7, 2019 prepared by Rimmer Environmental Consulting, Inc; Plan entitled "Existing Conditions Plan of Land" Sheets Sv-1 through Sv-7, signed and stamped by Russell J. Bousquet PLS, scale 1"=80' final revision dated November 5, 2019. Order of Resource Area Delineation I &28 Royal Crest Drive(Royal Crest Apartments) Map 25 Lot 66&35 DEP File#242-1771 Page 2 of 2