The URL can be used to link to this page

Home My WebLink About- Permits #242-1804 - 1874 TURNPIKE STREET 2/1/2021 I i ��III�Iy' III u " it w. Ordet, of Resource Area Dell"neatio Map 106D Lot 45 DEP File 242-1804 Facts & Fina Wetland,re o� wce areas Jwisdi.ctional under the,Massachusetts Wetland Protection.A (WPA) and the'North Andover a Protection Bylaw ylaw),within the subject parcel include B order ; vegetated Wetland (BVW) and associate -Foot.Buffer Zane. Off-site B,VW located,to the east contains two certified Ephemeral Fools (aka,vernal pools)which project the Norte Andover local Ephemeral,Pool -Foot No,Disturb done and 75-Foot No Build:Zone onto the subject property. Wetland resource areas were delineated by Gregory Hochlnuth with Williams & Sparages and field ven" e Borderingwithout modiffications,,by the Conservation Department on,January 8, 202 1. Wetland fla,gs reviewed include: W Bordering Vegetated Wetland Flags #1 through#25 19 sated on the easterly side of the subject site contains two off-site certified phe Pools (aka vernal pools,) -Foot Buffer Zones, 25-Foot No Disturband 50-Foot No Build Zones associated with 5 -Foot No DisturbZone and ,75-Foot No Build Zone associated with Ephemeral Pools General current site conditions,sonnet of wooded, areas, xed deciduous,andwbite pine over story and an open understory around the house that consist of natural grasses (not manicured tur "grass). The Commission herebyrecognizes he presence of Natural Heritage Endangered Species Priority Habitat located on abuttingproperties,, and reserves the discretion to fully protect a characteristics sei-ving local wildlife populations, on tne subject site under any develo m nt proposal that m ay be resented under a future filing. Record Dose es Abbreviated Notice of Resource .ea.Delineation—WPA Form,4A and supporting documents,receive December 18,2020, DEP Bordering Vegetated eti . d Delineation Pleb Forms received January 202 1. Submitted by applicant Richard W. O'Donn-ell, `'0 Sugarcane Lane,North Andover, MA 0 18 45 Plan entitled "Boundary, o I r i Unlit � prepared by Civil Design Grog C 4 For Registry of'Deeds Use Only Massachusetts Department of Environmental Protection Provided by MassDEPI. 242-1804 Bureau of Resource Protection - Wetlands, ....... ..................................................................MassDEP File N6mb6i" WPA Form 4,B der of Resource Area eDEPTra ns action Number Delineation North!Andover .................. Massachusetts, Wetlands Protection Act M.G.L. c. 131, §40 Cityfro�n A. General Information Important:Whin n 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,-dio not use the return a. Order of Resource Area, Defineation key. b. Amended Order of Resource Area De fi neation, tab I VQ 11LAF 3. Applicant: Richard O'Donnell] a. First Name b.Last Name ............... .................. ............ Notel: c.Organization Before 30 Su arcane Lane completing this .............................. ........... form consult d. Mailing Address your local N.orth Andover MA 01 8�45 Conservation, e.GityfTown 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 c.Organization d. MailingAddress, e.City/Town f.State g.Zip Code 5. Project Location: 1874 Turnpike Street North Andover 01845 a. Street Address b.Cityrrown c.Zip,Code Map 1 06D Lot 45 d.Assessors Map/Plat Number e.,Parcel/Lot Number '71 d07m298s Latitude and Longitude 42d63m468s ( f. e g e in degrees, minutes,,, sleconseconds): Latitud .Longitu 6. Dates: 12-18-20 01-13-21 02-01-211 a.,Date ANRAD filed b. Date Public Hearing Closed c. Date of Issuance! wpaforrnft,doc-rev.5118/2020 WPA Q,Order of Resource Area Dellneation-Page 1 of 4 4 df Provided by MassDER Massachusetts Department of Enviro'nm en!�taI' Prot�ecti'�on 242-1804 Bureau of Resource Protection -Wetlands MassDEP File NUmber, WPA Form, 4B Order of Resource Area eGEP Transaction Number Del"Ineation North Andover n Massachusetts Wetland's Protection :act M.G.L., c. 131, §40 City/Tow A. General Information (cont) 7. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents:' Boundary,lTopographic:& Utility Survey prepared by Civil Design, Group, 2- -2 LLC_j�Aneq and staMp 0 1 Jos b.Date q. P�eph Levesque, III scale V=20' ANRAD and associated attachments, BVW Data sheets 12-14-20 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 an din the Abbreviated' Notice,of Resource Area Delineation are accurately drawn for the following resource area(s), i. Bordering Vegetated Wetlands 21. Other resource area(s), specifically. ,a. Two certified Ephemeral Pools (aka,vernal pools) located off-site within easterly BVW., See attached findings under the North Andover Wetlands, Protection Bylaw. b. E] Modil"fied: 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 Dellneattoni are,accurately drawn from the following resouric,e area(s): Bordering Vegetated Wetlands 2. Ej Other resource are a(s), specifically: a. c. Ej Iniaccurate- The boundaries described on the,referenced pla,n(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): i. Ej Bordering Vegetated Wetlands 1 2. El, Other resource areas , specifically: wpaform4b.doo-rev.,5/1812,020 WPA 4B,Order f Resource Area Delineation-Page 2 of 4 4 Provided by MassDER: Massachusetts Department of En ivironmenta] Protection, 242-1804 Bureau of' Resource Protection -Wetlands MassDEP File Number WPA Form 4B Order of Resource, Area. Delineation eIDEP Transaction Number North Andover Massachusetts Wetlands Protection Act M.G.,L. c. 131� §40, City/Town 13, Order of Delineation (cont.) I F] 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, abovel 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.13111, §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 Dino the plans attached to this,�Ordeir or to the,Abbreviated Notice of Res ource Area Delineati'on. 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 deliverediat the same time�to the appropriate DEP Regional Office(see h tt S, @ ce-idetail's/rnas, �I offices * 4, rnass.gov/servi s,dep-re 'onal- -by-communj 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 Departmentils reviewis limited to the objections to the resource area dellneation(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 CM R 10.03(7)within ten business days from the date of issuance of this Ord r. 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,, i'f he/she, is not the appellant., Any appellants seeking to,appeal the Department's Superseding Order of Resource,Area Delineation will be requir d to demonstrate prior participation in, the review of this, pirol I ect. 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 Determ ination. The request shall state clearly and concisely the objections,tothie Order which is, being appealed and how the Order does not contribute to the protection, of the interests identified in the MassachusettsWe Ilan ds Protection Act, (M.G.L. c. 1,31, §40) and is, inconsistient with the,wetland's regulations (31.0 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,., wpaforrn4b.doc rev.5/18/2020 WIPA 4B,Order of Resource Area Delineation-Page,3 of 4, 4 Provided by MassDEP: Massachusetts, Department of Environmental Protection 242-1804 Bureau of Resource Protection -Wetlands Ma,ssDEP File Number WPA Form 4B Order of Resource Area eDEP Transaction Number Delinealti o n North Andover Massach usetts Wetlands Protection Act M:.G.L. c. 131, §40, CiTown E. Signatures 02-01-21 Date,of Issuance See Below Please indicate the number of members who will sign this form. I.Wrnber of'S,igners Signed by Amy R. Maxner, Conservation Administrator as authorized by the North Andover Conservation Commission -See KERD Book'-, 1632LFAa �,e: 22 Signature Air ff A J#7 Amy R. maxner, Cionservafion?�g_qnt -li�obb Signature of Consery t* m tion omis I n Mamder Printed Name 1� Lou",sLNNapoli, Chair Signature of Conservation Commiss,ion Member Printed Name Albert Manzi, Jr. Signature of Conservation Commission Member Printed Name Joseph 14nqh ,Signature of ry Conseation Commis sion Member Printed Name Sean McDonough Signature of Conservation Commission Member Printe�d Name John, on Signature,of Conservation Commission Member Printed Name Tony Ga achietti Signature of Conservation Commission Member Printed Name Signature of Conservation Commission Member Printed Nano This Order il's 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 f6flows- 2.[:1 By hand delivery on 3.0 By certified mail, return receipt requested on ..012-01 1-21 a.,Date a.Date wpaform4b.doc rev,5/18=20 WPA 413,Order of Resource Area Delineation-Page 4 of 4