HomeMy WebLinkAbout11/5/2025 - Issuance of Chapter 91 License - - 0 GREAT POND ROAD Commonwealth of Massachusetts
y
Executive Office of Energy &Environmentalrs
Department ot' Environmental Protection
100 Cambridge Street s 2617-292-5500
Maury T. Healey Rebecca L.Tepper
Governor Secretary
Kimberley Driscoll Bonnie leiplo
Lieutenant Governor Commissioner
IS
Town of North Andover, John Borgesi,Public Works Assistant Director/Town Engineer
c/o Jaime Veillette,Apex Companies,LLC.
1.8 Commerce way, Suite 2000
Woburn, MA 01801
e; ISSUANCE OF CHAPTER 91 LICENSE No.
North Lake Cochichewick Boat Launch, 0 Cheat Pond Road, Waters of Lake Cochichewick,
North Andover, Essex County
Dear Mr. Borgesi:
E
The Department of Environmental Protection hereby issues the above-referenced Waterways License,
enclosed, authorizing the Licensee to perform certain activities pursuant to M.G.L. Chapter 91, the
Public Waterfront Act, and the Waterways Regulations at 310 CMR 9.00. Any change in use or
alteration of any structure or fill not authorized by this License shall render this License void.
No work may be undertaken until this License and accompanying Mylar Plans have been duly
recorded in the applicable County Registry of Deeds or Land County for the district in which the land
is located,within the chain of title of the affected property.
LICENSERECORDING OF THE
This License must be recorded within the chain of title of the affected property at the appropriate
County Registry of Deeds or, if registered land with the Land Registration office, within sixty (60)
days from the date of license issuance. In the case of recorded land,the License shall also be noted in
the Registry's Grantor Index under the name of the owner of the land upon which the project is
located. In the case of the registered land, the License shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the project is located. Failure to record this
License and accom in lar Plans within the chain of title of the affected roe within si
60 da s of the date of issuance will render this License void ursuant to 310 CMR 9.18.
This information is available in alternate format.Please contact MassDEP at 617-292- 5 0.
TTY#MassRelay Service 1-800 -2370
MassDEP Website:www.mass.gov/dep
Printed on recycled Paper
Chapter 91 License No.WWO 1-0000663 Page 2 of 2
O Cheat Pond Road,Waters of Labe Cochichewick,North Andover,Essex County
Upon recording the License and Plan,you must notify the Department by accessing your Authorization
Record at httos-.//e-place.eea.mass.gov/citizenaccess and entering the recording information.
Instructions for entering recording information may be found at: htt-ps://www.mass. ov/ oc/e l .ce-
vate s-recor -i o atio - en e t/ o oa Failure to notify the Department of the
recording of this License is a violation of 310 CMR.9.00.
CERTIFICATE
Pursuant to 310 CVIR 9.1%once the licensed project is complete,the Licensee must file a Request for
a Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event
later than five (5)years from the License's issuance date, or any extension thereof, in accordance with
310 CMR 9.19(1). The license for any proj ect for which such a request is not filed and certificate
issued may be revolved pursuant to 310 CNtR 9.26.
Please contact the Waterways Regulation Program at dep.waterwaysgmass.gov if there are any
questions.
Sincerely, r
400
Daniel J. Padien
Program Chief
Waterways Regulation Program
Cc: Town of North Andover Select Board
Town of North Andover Planning Board
Town of North Andover Conservation Commission
HE
Encl: Chapter 91 License No. WW01-0000663
s
Commontuealtb of ;ftlagoarbuoetto
o. WWO 1-0000663 rA
30bitreass,
Town of North Andover
of-- North Andover -- in the County of-- Essex -- and Commonwealth aforesaid, has applied to
the Department of Environmental Protection for license to -- perform improvement dredging,
reconstruct an existing public boat launch/ramp, stone revetment, bank stabilization and
installation of temporary cofferdams and turbidity curtains, as further detailed below---------------
and has submitted plans of the same; and whereas due notice of said application, n A X
+h=ft-o-, has been given, as required by law, to the -- Municipal
Official -- of the -- Town of North Andover-
ROW, ---------------------------------------------------------------
said Department, having heard all parties desiring 'p g p s des ring to be heard, and having fully considered N
said application,hereby, subject to the approval of the Governor, authorizes and licenses the said--
F:-
Town of North Andover-- subject to the provisions of the ninety first chapter of the General Laws,
and of all laws which are or may be in force applicable thereto,to--perform improvement dredging
p p g g
of approximately 63 cubic yards of aquatic sediment over an approximate area of 812 SF
(maximum dredge depth of El. 106.17 FT NAVD88, including one-foot overdredge; 3± ft below
ordinary high water, El. 113.5 FT NAVD88); to reconstruct an existing boat launch ramp
consisting of a concrete paver layer atop crushed stone, ravel backfill, eotextile, and 1-FT to 3-
g g
FT rock revetment at the ramp toe and sides; construction of 377 SF of stone riprap for shoreline y
stabilization; and installation and removal of temporary cofferdams and turbidity curtains ---------
in waters of-- Lake Cochichewick -- at 0 Great Pond Road -- in the -- Town of North Andover and in accordance with the locations shown and details indicated on the License Plans No. WWOI-
0000663 (4 Sheets) signed and sealed on September 21, 2025 by Ryan J. Paul, Massachusetts P.E.
No. 51127.
Waterways License X2: WWO1-0000663 Page 2 of 6
0 great Pond Road,Labe Cochichewick,North Andover,Essex County
No specific Licenses and/or Legislative Authorizations were identified for the existing fill or
structures on the project site.
The structures and/or fill authorized hereby shall be limited to the following uses: water-dependent
public access to navigable waters, and shoreline stabilization.
The structures and fill authorized pursuant to this License are valid for an unlimited term,pursuant
to 310 CMR 9.15(1)(c).
The Dredging authorized by this License is valid for a term of five (5) years from to the date of
issuance.
This License is subject to the following Special Conditions and StandardConditions.
SPECIAL CHAPTER 91 LICENSE CONDITIONS
1. The Licensee shall maintain all structures/fill authorized herein in accordance with the terms and
conditions specified herein or this License may expire,pursuant to 310 CMR 9.25(1).
2. Any structural alteration, change in use, or other modifications to that explicitly authorized herein
and contained on the License Plans, shall require the prior review of the Department to determine
whether additional licensing is required pursuant to M.G.L. Chapter 91 and the waterways
Regulations at 310 CMR 9.00.
3. All structures and fill authorized herein shall be constructed to meet the Engineering and
Construction Standards pursuant to 310 CMR 9.3 7.
4. The use of unencapsulated polystyrene as part of any permanent or temporary component of the
structures and/or fill authorized herein is prohibited.
5. The Licensee shall allow agents of the Department to enter the project site to verify compliance
with the conditions of this License.
6. All work authorized herein shall be completed within five(5)years of the date of license Issuance.
The construction period may be extended by the Department for one (1) or more one {1) year
periods without public notice, provided that the Applicant submits to the Department thirty (30)
days prior to the end of the construction period,a written request to extend the period and provides
adequate justification for said extension.
Waterways License X2: WWO1-0000663 Page 3 of 6
0 Great Pond Road,Lake Cochichewick,North Andover,Essex County
7. Within sixty (60) days of completion of the licensed project,the Licensee shall request in writing
that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19. The
request shall be accompanied by a certification by a registered professional engineer licensed to do
business in the Commonwealth that the project was completed in accordance with the plans,
specifications,and conditions of this License.
See Page 4 and 5 for additional conditions to this License
E
RK
Duplicate of said plan,License No. WWO 1-0000663 on file in the office of said Department,and original of said
plan accompanies this License and is to be referred to as a part hereof.
Waterways License JV2: VVW01-0000 3 Page 4 of 6
0 Great Pond Road,bake Cochichewick,North Andover,Essex County
STANDARD CHAPTER 91 LICENSE CONDITIONS
1. Acceptance of this License shall constitute an agreement by the Licensee to conform with all terms and conditions stated
herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to
the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized
pursuant to this License.
3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the
issuance by the Department of a new License in accordance with the provisions and procedures established in Chapter
91 of the Massachusetts General Laws.Any unauthorized substantial change in use or unauthorized substantial structural
alteration of any structure or fill authorized herein shall render this License void.
4. This License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein.
This License may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee
and those persons who have filed a written request for such notice with the Department and afforded them a reasonable
opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice
by the Department shall render this License void and the Commonwealth may proceed to remove or cause removal of
any structure or fill authorized herein at the expense of the Licensee,its successors and assigns as an unauthorized and
unlawful structure and/or fill.
5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and _
conditions stated herein and the details indicated on the accompanying License Plans.
6. Nothing in this License shall be construed as authorizing encroachment in,on or over property not owned or controlled
by the Licensee,except with the written consent of the owner or owners thereof.The Licensee stated that Town of North
Andover was the property owner at the time the application was submitted.
7. This License is granted subject to all applicable Federal,State,County,and Municipal laws,ordinances,and regulations
including but not limited to a valid final Order of Conditions issued pursuant to the wetlands Protection Act,M.G.L.
Chapter 131 §40. 4
8. This License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in
strict conformance with all applicable requirements and authorizations of the MassDEP.
9. This License authorizes structure(s)and/or fill on:
Private Tidelands-In accordance with the public easement that exists by law on Private Tidelands,the Licensee
shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low
water marks,for the purposes of fishing,fowling,navigation,and the natural derivatives thereof.
Commonwealth Tidelands-The Licensee shall not restrict the public's right to use and to pass freely,for any lawful
purpose, upon lands lying seaward of the low water mark and upon any other lands defined as Commonwealth
Tidelands. Said lands are held in trust by the Commonwealth for the benefit of the public.
Great Pond of the Commonwealth-The Licensee shall not restrict the public's right to use and to pass freer upon
lands lying seaward of the high water mark for any lawful purpose.
Navigable River or Stream-The Licensee shall not restrict the public's right to use and to pass freely,for any lawful
purpose,in the waterway.
No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this License.
10.Unless otherwise expressly provided by this License,the Licensee shall not limit the hours of availability of any areas
of the subject property designated for public passage,nor place any gates,fences,or other structures on such areas in a
manner that would impede or discourage the free flow of pedestrian movement thereon.
Waterways License X O 1-0000663 Page 5 of 6
0 Great Pond Road,Lake Cochichewick,Noah Andover,Essex County
STANDARD CHAPTER 91 DREDGING CONDITIONS
1. Acceptance of this authorization shall constitute an agreement by the Licensee/Permittee to conform to all terms and
conditions stated herein.
2. Any modification from that explicitly authorized herein and contained on the Plans shall require prior review of the
Department to determine whether additional authorization is required pursuant to M.G.L. Chapter 91, the Public
Waterfront Act,and the Waterways Regulations at 310 CMR 9.00.
3. The Licensee/Permittee shall inform the Department in writing at least three (3) days before commencing any
authorized dredging or dredge material disposal.
4. This authorization is issued upon the express condition that any and all other applicable authorizations necessitated
due to the provisions hereof shall be secured by the Licensee/Permittee prior to the commencement of any activity
hereby authorized.
5. This authorization shall be revocable by the Department for noncompliance with the terms and conditions set forth
herein.This authorization may be revoked after the Department has given written notice of the alleged noncompliance
to the Licensee/Permittee,or his agent,and those persons who have filed a written request,with the Department,for
such notice and have afforded the Licensee/Permittee a reasonable opportunity to correct said noncompliance.Failure
to correct noncompliance after the issuance of a written notice by the Department shall render this authorization void.
6. This authorization is issued subject to all applicable federal,state,county,and municipal laws,ordinances,bylaws,
and regulations,including but not limited to,a valid Order of Conditions issued pursuant to the Wetlands Protection
Act,M.G.L.Chapter 131,§40 and a valid Water Quality Certification issued pursuant 314 CMR 9.00.
7. This authorization is issued upon the express condition that dredging,transportation,and disposal of dredge material
shall be in strict conformance with all applicable requirements and authorizations of the Department.Any subsequent
maintenance dredging and transportation and disposal of dredge material during the term of this authorization shall
be in strict conformance with all applicable requirements and authorizations of the Department.
8. Unless otherwise authorized in accordance with a Special Condition of this authorization,no maintenance dredging
beyond the time authorized herein is permitted.
9. The dredging under this authorization shall be conducted as to cause no unnecessary obstruction of the free passage
of vessels.
10. In conducting the dredging authorized,care shall be taken to cause no shoaling.If,however,any shoaling is caused,
the Licensee/Permittee shall, at his expense,remove the shoal areas. The Licensee/Permittee shall pay all costs of
supervision, and if at any time the Department deems necessary a survey or surveys of the area dredged, the
Licensee/Permittee shall pay all costs associated with such work.
11. Nothing in this authorization shall be construed as to impair the legal rights of any persons or authorize dredging on
land not owned by the Licensee/Permittee without consent of the owner(s)of such property.
12. The Licensee/Permittee shall assume and pay all claims and demands arising in any manner from the work authorized
herein and shall save harmless and indemnify the Commonwealth of Massachusetts, its officers, employees, and
agents from all claims,audits,damages,costs and expenses incurred by reason thereof.
13. Whosoever violates any provisions of this authorization shall be subject to a fine of twenty-five thousand dollars and IR
zero cents{$25,000.00)per day for each day such violation occurs or continues, or by imprisonment for not more
than one year, or both such fine and imprisonment; or shall be subject to civil penalty not to exceed twenty-five
thousand dollars and zero cents($25,000.00)for each dad'such violation occurs or continues.
14. In the event of any conflict between the Special Conditions and the Standard Conditions,the Special Conditions shall
prevail.
Waterways License X2: WWO1-0000663 Page 6 of 6
0 Great Pond Road,Labe Cochichewick,North Andover,Essex County
0-5
The amount of tidewater displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said--Town of North Andover--by
paying into the treasury of the Commonwealth-- (N/A) -- for each cubic yard so displaced, being
the amount hereby assessed by said Department (N/A).
Nothing in this License shall be so construed as to impair the legal rights of any person.
This License shall be void unless the same and the accompanying Mylar Plan are recorded within =
the chain of title of the affected property within sixty(60)days from the date hereof,in the Registry
of Deeds for the --Northern District-- County of-- Essex.
31it baftne.02;
biberien,, said Department of Environmental Protection have hereunto set their
hands this +V1day of in the year
Commissioner PA A.,
Bonnie Heiple
Department of
Environmental Protection
Program Chief
Daniel J. Padien
THE COMMONWEALTH OF MASSACHUSETTS
This License is approved in consideration of the payment into the treasury of the Commonwealth
by the said'— Town of North Andover -- the further sum of -- (exempt pursuant to 3
9.16()(a)) -- the amount determined by the Governor as a just and equitable charge for rights and
privileges hereby granted in the land of the Commonwealth.
BOSTON,
Approved by the Governor.
fe
-.IA4
Maura Tt Healey, G oveor
"I CERTIFY THAT THIS PLAN
CONFORMS WITH THE MULES
AND REGULATIONS OF THE
REGISTRY OF DEEDS."
r4whr
SIGN DATE
GENERAL NOTES:
1. SASE MAP INFORMATION IS FROM A FIELD SURVEY PERFORMED BY ZENITH �CJO
LAND SURVEYORS,LLC.ON NOVEMBER 17,2022. O
2. PROPERTY LINE,STREET LINE AND OWNER INFORMATION WAS COMPILED GREAT POND FAD
FROM RECORDS ON FILE AT THE NORTHERN ESSEX COUNTY REGISTRY OF
DEEDS OFFICE AND THE NORTH ANDOVER ASSESSING DEPARTMENT. f - PROJECT
ABUTTING PARCELS COMPILED FROM MASGIS AND SHOULD BE SITE
CONSIDERED APPROXIMATE FOR THE PURPOSE OF THIS PLAN.SUBJECT SITE NORTH ANDOVER
IS IN A RESIDENTIAL ZONE AS DEPICTED ON THE TOWN OF NORTH ANDOVER LOCUS MAP
ZONING MAP. _ _
SCALE_1"_1000'
3. ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF
1988(NAVD 88)AND HORIZONTAL DATUM IS REFERENCED TO
MASSACHUSETTS STATE PLANE COORDINATE SYSTEM(NAD 8 ).
4. SOURCE OF ORDINARY HIGH WATER(OHW)IS THE ARITHMETIC MEAN OF
WATER ELEVATIONS PUBLISHED BY THE NORTH ANDOVER WATER
DEPARTMENT FOR RESERVOIR LEVELS MEASURED FROM 2014 TO 2020.
5. NORTH DIRECTION SHOWN IS APPROXIMATE.
5. THE SITE IS LOCATED WITHIN FEMA FLOOD ZONE A(FLOOD ELEVATIONS NOT
DETERMINED),ACCORDING TO FLOOD INSURANCE RATE MAP NUMBER
25009CO228G,DATED 02/23/2023.
7. GEOGRAPH~ C LI IT OF CH.91 JURISD0110 AND THIS LICENSE IS THE FflGH
WATER MARK..
LEGEND
-- PROPERTY LINE
PROJECT SITE
l`
C9HW ORDINARY HIGH WATER(EL.113.5 NAVD88)
FZ-- FEMA FLOOD ZONE A(MAP 25009CO228G,DATED 02/23/2023)
P�
RYAN J.PAUL
SITE INFORMATION Q
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OWNER:TOWN OF NORTH ANDOVER � NO.51127
K ADDRESS.GREAT POND RD,NORTH ANDOVER,MA OXII
(ACROSS FROM#1939 GREAT POND RD) s Oisr `
PARCEL ID:035-021
DEED REFERENCE:BOOK#685,PAGE#147
PLAN ACCOMPANYING PETITION OF TOWN OF NORTH
ANDOVER TO CONSTRUCT AND MAINTAIN BOAT LAUNCH
WITHIN WATERS OF LADE COCHICHEWICK AT GREAT POND .
ROAD(PARCEL ID 035-021)IN THE TOWN OF NORTH
ANDOVER,ESSEX COUNTY,MASSACHUSETTS.
TITLE SHEET
SHEET 1 OF 4 1
AUGUST 21,2025
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EL EV.AT 109.3' CONCRETE PAVER 3 INCH IMIN.
100 1' 3' MAXROCK RE ETMENT THICKNESS SLOPE=1 °I� 1
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