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Home My WebLink About- Permits #242-1775 - 1503 OSGOOD STREET 12/4/2019 i I Order of Resource Area Delineation 1503 Osgood Street Maps 34 Lot 7 1 DEP File # 242-177. I 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). Wetland resource areas were delineated by Williams &Sparages,LLC and field verified by the Conservation Department on November 13, 2019. Wetland flags were f reviewed and adjustments were made in the field and reflected on the final approved plan at the request of Amy Maxner, Conservation Administrator. The Conservation Commission held the public hearing at its November 20,2019 meeting and voted to confirm the following wetland resources on site: ■ Series Al -A51 ■ Associated 100-Font Buffer Zones, 25-Foot No Disturb and 50-Foot No Build Zones *Note: This site is subject to outstanding Enforcement Orders and associated fines for non-compliance with an.Order of Conditions DEP #242-1478. Conservation Commission records show that the non- compliance was never satisfactorily addressed. The Conservation Commission indicated at the November 20,2019 hearing that it will not accept or entertain a new Notice of Intent for work on this property unless and until the subject non-compliance is satisfactorily addressed. i Record Documents: Abbreviated Notice of Resource Area Delineation-WPA Form 4A and supporting documents, DEP Bordering Vegetated Wetland Delineation.Field Forms received November 6, 2019, Submitted by Rick.Scimonne, PKC Advisors LLP. Plan entitled Plan to Accompany an Abbreviated Notice of Resource Area Delineation in North Andover 103 Osgood Street- 1 Sheet, prepared by Williams &Sparages signed and stamped by Peter M. Blaisdell,Jr. PE - Revision dated November 13,2019, (signed and stamped on November 14, 2019). i i i i 4 Massachusetts Department of Environmental Protection Provided by MassDEP: ureau of Resource Protection - Wetlands 242-1775 MassDEP File Number WPA Form 4B — Order of Resource Area eDEP Transaction Number 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 From. 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. N Order of Resource Area Delineation key. b. El Amended Order of Resource Area Delineation 3. Applicant, Rick Scimone a.First Name b.Last Name PKC Advisors LLP Note: c.Organization Before 380 Lafayette Road, Unit 11-308 completing this form consult d. Mailing Address your local -Seabrook NH 03874 Conservation ........ Commission e.Cityrrown State g.Zip Code regarding any 41 Property Owner(if different from applicant): municipal bylaw or ordinance. a. First Name b.Last Name Jeffery E. Ryan & Company I'nc., & Middlesex Street Realty Trust c.Organization 16192 Coastal Highway d.Mailing Address, Lewes DE 19958 e. Cityfrown f„State g.Zip Code 5. Project Location: 1503 Osgood Street North Andover 01845 a. Street Address b,Cityrrown c.Zip Code Map 34 Lot 7 d.Assessors Map/Plat Number e.Parcel/Lot Number Latitude and Longitude 42d72m9185s www 71d1 I m1495s (in degrees, minutes, seconds): f.Latitude g, Longitude November 6, 2019 November 20, 2019 December 4, 2019 6. Dates: _ I a. Date ANRAD filed b. Date Public Hearing Closed c.Date of Issuance viparormilb.doc-rev.8/1 712 01 7 WPA 413,Order of Resource Area Delineation-Page 1 of 4 4 Massachusetts Department of Environmental Protection provided byMassDEP: Ll Bureau of Resource Protection -Wetlands 242-1775 MassDEP Pile 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 (cant.) 7. Tide and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan to Accompany an Abbreviated Notice of Resource Area Delineation November 13, 2019 prepared by Williams &Sprages scale 1"=30' Peter Blaisdell PE _ b. Date c.Title d. Date B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ❑ 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. ❑ Bordering Vegetated Wetlands 2. ❑ Other resource area(s), specifically: a. 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): 1. ® Bordering Vegetated Wetlands 2. ❑ Other resource area(s), specifically: a.See Attached NACC Findings 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: vtpaform4b.doc•rev.811712017 WPA Q,Order of Resource Area Delineation•Page 2 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands 242-1775 MassIDEP File Number WP'A Form 4B — Order of Resource Area LI eDEP Transaction Number Delineation Forth Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town _.._.w B. order of Delineation (cons.) 3. 01 The boundaries were determined to be inaccurate because: I l C. Findings i 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 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 DRP Regional Office (see http://www,,mass.gov/eea/a encies/massde /`about/contacts/find-the-massde -re ional-office-for our_ cat -or-town.htmll). D. Appeals The applicant, the owner„ any person aggrieved by this Order, any owner of land abutting the land subject 3 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 3110 CMR 10.03(7)withiin 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. i I 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.8/17/2017 WPA 4B,Order of Resource Area DOMeation•Page 3 of 4 4 Massachusetts Department of Environmental Protection Provided by MassDEP: 242- Bureau of Resource Protection -Wetlands Ma 1775ssDEP File Number WPA Form 4B — Order of Resource Area eDEP Transaction Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City)"rown E. Signatures Date of Issuance Please i d' t the number of members who will sign this form.,ggj-r,a e Number of Signers Signature Ou i yv ation Commission Member Si§nal '6fC n e Commission Member . ....... . ..... Si ure of Conservation Commission Member at r Cons ation Commission."SI Member ' Signature of 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: 2.El By hand delivery on 3.'P(By certified mail, return receipt requested on v 2, - -----------------------a. Date a.Date wpaform4b,doc rev.8/17r2017 WPA 4B,Order of Resource Area Delineation-Page 4 of 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1775 MassDEP Fife Number WPA Form 4B — Order of Resource Area eDEP Transaction Number Ll Delineation 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 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: 1503 Osgood Street 242-1775_ Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County goofs Page For: Jeffrey E. Ryan & Compaq, Inc. & Middlesex Street Realty Trust Property Owner and has been noted in the chain of title of the affected property in: 12188 ..�. 327 ........ _.._ Book Pag e In accordance with the Order of Resource Area Delineation issued on: 12-04-19 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 ofAppffcant wpafrm4b.doc rev,e117l17 Registry of Deeds Recordation Form•Page i of 1