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Home My WebLink About242-1370, 1812 Turnpike Street ORAD - Permits #242-1370 - 1812 TURNPIKE STREET 9/27/2006 j Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form* 4B - Order of Resource Area. Delineation 242-1370 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information P 'North Andover forms on the out From: Im octant When fillip 1 Conservation Commission he computer,use 2. This Issuance is for(check one): only the tab key to move your cursor-.do not a. Z Order of Resource Area Delineation:Only use the return key. b. ❑ Order of Resource Area Delineation Subject:to Simplified Review 1. ❑ Not Subject-to Stormwater Policy 2. ❑ Subject to Stormwater Policy, c. ❑ Amended Order of Resource Area:Delineation Note: Before. 3. To: Applicant: completing this form consult. Gino Fodera your-local a.First Name b.Last Name c.Company Conservation Commission, 325 North Main Street# 15-B : regarding any d.:Mailing Address- municipal bYIN, Middleton MA. 01949 _ or'ordinance: e.City/Town f._State g,Zip Code 4. Property Owner(if differentfrom applicant): Jean Proulx c/o Andy Caffrey, Caffrey&Caffrey, a.First Name b.Last Name C.Company One Elm Square d:.,Mailing Address. Andover MA. 01810 e,,Cityrrown f.State g.Zip Code 5 Project Location: _1.812 Turnpike_Street-- --- __-- _-- _North Andover _--- __-- --. a.Street Address b.City/Town Map 106D ParcelsA6&-47 c.Assessors Map/Plat Number d.ParceULot Number Latitude and Longitude.(note: electronic filers will clickf&'GIS locator): e.Latitude f. Longitude 1/06 y `J "al __ d 6 9/ `. pafes, a'.-bate Notice of4ntent filed b. Date,, u blicflea rhng Closed c.Dat 4 of'I�ce- 7 Title and Date',(or Revised Date if applicable)ofFinal Plans and Other Documents: Site-Development Permit,Plan 6/9/2006 a.Title b. Date c:Title d. Date wpaform44:doc'•rev.06/13/05 Page 1 of 7 Massachusetts.Department of Environmental Protection DEP File Nuftiber: L7 Wetlands- Bureau of Resource Protection - ( - Delineation WPA Form 4B - Order.rr of Resource Del 141-1370Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c., 131, §40 B. Order of Delineation 1;. The.'Con servation, Commission has determined the followirig,(6heck whichever is,applicable)'- a. Accurate: The boundaries described on the referenced plan(s) abbve:and in theAbbreViAtod' Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. Z Bordering Vegetated'Wetlands 2. g Other Resource Area(s), specifically: werL n,61 0'.1:j 4kee-tr,-not q0prouej Aje kf P ro er b. El Modified: The boundaries described,on the plan(p) 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; El Bordering Vegetated Wetlands 2. r-I Other-ResoUrceArea(s), specifically: c. ❑ inaccurate: The boundaries described on the.referenced plan(p)and in the,Abbreviated Notice of Resource Area Delineation,were found to be naccurata and cannot be confirmed for the following resource area(s): 1. El Bordering Vegetated Wetlands 2 El- Other-Resource-Area(s)--specifically:-- 3. The boundaries were determined to be inaccurate because: wpaform4b.doc-rev.66113/05 Page 2 of 7 Massachusetts Department'of Environmental Protection DEP File Number:. L17 Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1.370 Massachusetts Wetlands Protection Act,M.G.L. c. 131, §40 Provided by DEP C. Simplified, Buffer-Zone Review Work within the.Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires;that you must comply with the following conditions. If yourproject does not'meet these requirement's, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by-the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified;Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including River front Area and Bordering Land Subject to Flooding. 2. The inner 07to-50-foot wide area from the delineated wetland boundary,that has a Buffer Zone shall.not be disturbed by,any work associated with"this project, including,placement of any J storm watermanaciernent components. 3. No work shall'occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir,ortributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4'. No work shall occur in the Buffer Zone adjacent to wetland resources with,estimated wildlife habitat(which"is identified on'the a most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work (whichever is a greater distance from the resource area)to protect resource areptAuring construction. 6. If'the-project'is subjecttothe Massachusetts Stormwater Policy; all'work shall be conducted in conformance with an approved Stormwater Management Plan. 7. Thei Buffer Zone does notcontain a slope greater than an average of 15% at its steepest gradient -across the 100-foot Buffer Zone. 8. The amount of new impervious surface','in combination with existing'impervious surfaces, shall :not exceed 4.0%,of the,Buffer.Zone between 50 and 100 feet. 9__'No work is allowed, and no additionaf_NOI or RDA.shall be filed for an `work_ thin foot Buffer Zone during the'three-year term of an Order.associated:with thisapplication. 10. Prior to any work being undertaken pursuant to this Order,,the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures.are proposed in the Buffer Zone, the stormwater .management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes fan ongoing condition and is not subject to further permitting, requirements. 12.. If this GRAD-involve&work as part of a Simplified Review; the GRAD shall be recorded at the Registry of Deeds prior to the commencement of'work per'the requirements of Section F. 13; Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work:. 14. If work.authorized under Simplified Review is commenced, no Work.Is.al[owed, and no additional NOI or,RDA may beifiled, forany work within the.0-to-5o=foot buffer zone during the term of an GRAD assocititedV44 this application. If work authorized,under Simplified Review is not commenced,then future NOls or RDAs maybe filed for work-withinthe:04o-50-foot portion of#he.,buffer'zone.. --End of Conditions-- wpaform46.doc-,rev.06/13/05 Page-3 of 7 Massachusetts Department of:Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form. 4B - Order of Resource Area Delineation 242-1370 Provided by DEP Massachusetts Wetlands Protection Act,,M.G.L. c., 13'l, §40 C. Simplified Buffer Zone Review (cunt.) Stormwater Applicability 1. ❑ The project-is'not subject to the-Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and:the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility-Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource.,Area as defined at 310 CMR 10.25- 10.35. 4: ❑ The Buffer Zone,contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' s. ElThe site borders an Outstanding Resource Water.2 Stormwater 7. ❑, The project is subject to the Stormwater Policy and,the:applicant has not submitted sufficient information'to demonstrate compliance with;the Stormwater Managernent,Policy. Prior to=any work, the applicant must submit plans showing compliance with the standards'in the Stormwater.Policy, the,location of thework, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form.4A.)The following necessary stormwater information was-not submitted by the, applicant: 8. ❑ The project is su0jeciJ.0 the.Stormwater PolicTbut the project does not comply with one.or more of the stormwa#er standards,('Specify which istandard(S) not met). ---- - --- ---a.Standard-#--- -= _ ------- - - -- b.Standard# s. ❑ Impervious surface exceeds 40%of the area of the Buffer-Zone between 50 and 100 feet from the resource area. o: ❑ The applicant did not.;submit plans depicting adequate erosiomand sedimentation controls located at the limiit,ofwork or at IeastM feet-from any resource areas,,whichever will.be,greater. t ❑ Work is proposed within 50 feet of a resource area. Notice'to Com.mi.ssion z Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10,02, must provide written notice to the Commission one week prior to any-work'. Identified on the most recent;Estimated Habitat.Map ofState-listed Rare Wetlands Wildlife,ofthe,Natural Heritage and Endangered Species Program. z Certified Vernal Pools,,public water supplies, orJnland ACECs as identified in 314 CMR 4.00. wpafbrm4b.doc-rev.06/13/05 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 242-1370 WP°A 1'F� 177 4B — Order of Resource Area Delineation Prodded by DEP Massachusetts.Wetlands Protection Act M.G.L. c. 131; §40 D. Findings This.Order-of Resource Area Delineation determines that the Stormwater,Plan, if applicable; and 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. e.131, §40)and itsregulations(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, regard less,bf whether such boundaries are contained on the plans attached to this Order or'to the -Abbreviated Notice of Resource Area Delineation. The Agent or members of the Conservation Commission and the:Department of Environmental Protection shall have the=right to enter and inspect the area subject to this Order at reasonable'hours'to evaluate 'compliance with the conditions.stated in this Order„and may require-,the submittal of any data.deemed necessary by the Conservation Commission orDepartment for that evaluation. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for SimplifiedReview.listed in Section C of this Order.Any work that does not comply with the Simplified Review requirements will require a Notice,of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a.Certificate of Compliance following completion of any work allowed pursuant:to a Simplified Review or.no'later than three years from the date of the Order of Resource Area. Delineation unless the Order is extended. Failure,to comply with the conditions of this Order is grounds for the Conservation Commission or the Department.to take!enforcement action. 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. E. Appeals - - Order, on anyteresidents of t herson cy oggown m which such owner_ofland..abutting the_land=subject-to this--- — - -- --- pp -- h land is located,are hereby notified of their right to requestth-e 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 delineations)stated in the appeal request.The request must be made by certified maili or hand delivery,to the Department,with the,appropriate filing fee and a,completed Request for Departmental Action Fee,Transmittal Form,as provided in 3,1.0 CMR 10.03(7)within ten'business days from the date of issuance of this Order.A copy of therequesfishall:at the,,same timie be sent by certified mail or!hand delivery Wthe Conservation Commission and to the applicant, if he/sheds not the appellant.Anyappellants-seeking to appeal'the Department's Superseding Order associated with this.appeal will be required to demonstrate prior participation'inthe 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 whichJs being appealed and how the Order does not contribute to the protection of the interests identified inthe Massachusetts Wetlands Protection Act, (M.G.L. G. 131, §40)and is inconsistent With the wetlands regulations(310 CMR 10;00).To,the extentthat;the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands.Protection Actor regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaforiMbAoc-rev:06/13/W Page 5 of 7 o Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA .Form 4B - Order of'Resource Area Delineation 242Provided bidedb7 YMP ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,F. Signatures and Notary Acknowledgement Please indicate the nu ers who will sign this form: - 1. Number of Signers Sign t of.Conservation Commi on Member SignaM.of on' ..omrnission Member S gnature of Conservation Commis ion Member Si servation;Commission Member Signature of.Conservation,Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member Tii s,,Order'is valid:for three years from the date of issuance. This Order is issued to he applicant and the property owner(if different)l as follows: ❑ by hand delivery on. NKby certified mail, return receipt requested on Date, Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North. On this °17 � of S -�e..%ht�e,r a006 Day Mont : Year Before me, the.undersigned Notary_ Public, Sc.o`} personally appeared Name of Document Signer proved to me through satisfactory evidence of identification;;which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document,.and acknowledged to me that he/she signed it voluntarily for its stated purpose. As-member-of ----North.Andover_ _ - —.--- - - - - ---- - ----�- -- --- City/Town ---Conservation.Commission - Slgna ure of;Notary Public Printed Name,of Nota y'Publ'ic Place notary, seal and/or any stamp above 9 / t7/ `2eo My Commis6ion E pires{Date This.Order is issued to the applicant as follows: IDpWNA Nt,WEDGE N0T aieuc toMUONWEALTH OF MassacHusetTs My Comm:Expires Aug.7.,,2009 wpaform4b.doc•rev.06/13/05. Page 6 of 7 Massachusetts Department ofShvitonmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1370 Massachusetts Wetlands,Pr.otection Act M.G.L. c. 1,31, §40 Provided by DEP G.,Recording Informati on If thi,is,Order,i§ issued for purposes of Resource Area Delineation only, this Order should Id NOT be recorded..' If this Order of Resource Area Delineation is issued as part.of a Sirriplified Review, this Order 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 propprty; 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 .he;case of registered land,this Order shall also be-noted on the Land.Court Certificate of.Title of the owner Of the land subject1o,the Order of Conditions. The recording ng information on, Page 6 of this form shall be submitted;to the Conservation Commission listed below. North.Andover Conservation Commission Deta&h 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'Conditidns for the Project at: 242-1370 Project Location DEP File Number Has,been recorded at the Registry,Of Deeds of: County Book Page for: Property Owner and has been noted in the chain_of title Qf the affected property in: 'Book Page In,accordbrice with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land., the docum.ent,nu.mber identifying this transaction is: Document Number Signature-of Applicant wpaformft.dac-rev.06/13/05 Page 7 of 7