HomeMy WebLinkAboutConservation Permit # 8/21/2013 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office 2050 Lowell Street, Wilmington MA 01887.978-x 94- 200
RICHARD K.SULLIVAN JR.
DEVAL L PATRICK Secretary
Governor D
TIMOTHY P.MURRAY KENNETH L.KIMMELL
Lieutenant Governor AU0 2 12 013 Commissioner
0
V
NORTH ANDOVER
eRV TIO COMMISSION LCON'SFRVATION COMMISSI!
ION August 21, 2013
Breenmore Realty Trust Re: WETLANDS/NORTH ANDOVER
C/O The Neve-Morin Group DEP File#242-1480
447 Boston Street 14 Lorraine Avenue
Topsfield,Ma 01983 AMENDED SUPERSEDING
ORDER OF CONDITIONS
Dear Sir:
Following an in-depth review of the file referenced above, and in accordance with the
Massachusetts General Laws, Chapter 131, Section 40,the Northeast Regional Office of the
Massachusetts Department of Environmental Protection, Wetlands Program (MassDEP), is
issuing the enclosed Amended Superseding Order of Conditions (SOC) allowing the project
based upon: 1) information and plans submitted; and 2) reasons the MassDEP has deemed
necessary to protect the statutory interests identified in the Wetlands Protection Act.
The project proposal is for the demolition of an existing single family house,porch, driveway
and detached garage and the construction of a new single family house, garage, screen porch
(with gravel base storage area underneath), driveway, retaining wall, stone wall, and associated
grading and site work-and buffer zone plantings.
MassDEP's review of the file and site inspection on May 30, 2012 confirms that the project site
contains the following resource area subject to protection under the Act: Bordering Vegetated
Wetland (BVW). In accordance with the Wetlands Protection Act and its Regulations,the
aforementioned area is presumed to be significant to the statutory interests as identified in the
attached SOC. Construction is proposed in the Buffer Zone only.
A request to amend the above referenced project was received by MassDEP on July 2,2013.
The proposal to amend the existing SOC, issued on June 15, 2012,relocates the driveway farther
away from the BVW,reduces the impervious area of the driveway and walkways, adds a drip
trench to infiltrate rooftop runoff, and reduces the house footprint.
It is MassDEP's opinion that the Amended SOC approving the project serves to protect the
interest of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40.
This Information Is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-57 1 61.TDD#1-866.539-7622 or 1-617-574-6868
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
North Andover,14 Lorraine Avenue,DEP File#242-1480
Amended Superseding Order of Conditions
Page 2
Therefore,pursuant to 310 CMR 10.05(7)(i), MassDEP is affirming the local Order insofar as it
applies to the Wetlands Protection Act by inclusion in the attached Amended Superseding Order
of Conditions. Please be advised that MassDEP reserves the right, should there be further
proceedings in this matter,to raise additional issues and present further evidence as may be
appropriate. .
If you have any questions concerning this Amended Superseding Order,please do not hesitate to
contact Gary Bogue at 978-694-3372.
r
Sincerely
6 H idi M. Davis
1 cting Section Chief
Wetlands Program,NERO
cc: Peter Breen, Breenmore Realty Trust, 14 Lorraine Avenue,North Andover, MA 01845
North Andover Conservation Commission, 1600 Osgood Street,North Andover, MA
01845
V1►pA Form 5P+°° Superseding
ofdEn gr®nmental Protection
Conditions
MassDEP File#
Massachusetts Department 242-1480
L1 Bureau of Resource Protection—Wetlands Program
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Department of Environmental Protection
1. From: issuing Authority Order of Conditions
2. This issuance is for(check one): a. El Supers
b.® Amended Superseding Order of Conditions
3. To: Applicant:
b.Last Name
a. First Name
Breenmore Rea lty Trust c/o The Neve-Morin Group, Inc.
c.Organization
447 Boston Street 01983
d.Mailing Address Line 1 MA
g.Zip Code
Topsfield f.State
e.Cityrrown
4. Property Owner (if different from applicant):
Breen
Peter b.Last Name
a.First Name
Breenmore Realty Trust
c.Organization
14 Lorraine Avenue 01845
d.Mailing Address Line 1 MA
North Andover f.State g.Zip Code
e.city/Town
5. Project Location: North Andover
14 Lorraine Avenue b.cityrrown
a.Street Address 105, 107 & 1
46 &47 d..Parcel/Lot Number
c.Assessors Map/Plat Number
Latitude and Longitude, if known: e.Latitude
f.Longitude
A. General Information (cont'd)
6. Property recorded at the Registry of Deeds (attach additional information if more than one parcel):
Northern Essex b.Certificate(if registered land)
a.County 219
6945
291
4475 117
4882 d.Page
c.Book
WPA Form 5A—Order of conditions•Page 1 of 13
Newton-0474 (Lot 5)FO Deeds 5
Formatted for Registry
0,L�111011 WPA Form 5A- Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1480
7. Dates: 6/1/2010 4/13/2012
a. Date NOI Filed b. Date of Site Visit c.Date of Issuance of Local Order
8. Final Approved Plans and Other Documents (attach additional plans or document references):
Plan of Land in North Andover showing Proposed Site Development—Option E for 14 Lorraine Ave
a. Plan Title
The Neve-Morin Group John M. Morin, P.E.
b. Prepared By c.Signed and Stamped By
June 26, 2013 1":20'
d, Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act- Following the review of the
above-referenced Notice of Intent and based on the information provided in this application, the
Department finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act. Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Department hereby finds the project, as proposed, is(check one):
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. The Department orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and
any other special conditions attached to this Order. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with the
Notice of Intent, these conditions shall control.
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Newton (Lot 5)Fm 5A
Formatted ed fo r Registry of Deeds WPA Form 5A—Order of Conditions•Page 2 of 13
for
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WPA Form 5A- Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Ll Bureau of Resource etlandsePrlotectioneAct M.G.L. ca 31, §40 242'1480
Massachusetts
B. Findings (cont'd)
Denied because:
e proposed work cannot be conditioned to meet the performance standards set forth in the
b. ❑ the p p work on this project may not go forward unless and until a new
wetland regulations.Therefore, provides measures which are adequate to protect these
Notice of Intent is submitted which p erformance standards
interests, and a final order cannot meet is attached to this order.
of the p
which the proposed work
the work, or the
the applicant is not sufficient to describe the site, work on
c. ❑ the information submitted by pp
effect of the work on the interests nidentified and until e revised Notice ofl Intent is submitted which
o forward u protect the Act's
this project may not g specific information
provides sufficient information Ord r Conddit Conditions is issued.measures
description of the p
interests, and a final Order o is attached to this Order.
which is lacking and why it is necessary
I below. (For Approvals Only)
acts: Check a y
Inland Resource Area Imp all that app disturbance and
3. ® Buffer Zone impacts: Shortest distance between limit of project a.linear feet
wetland boundary (if available)
Proposed Permitted
o
Proposed Permitted Pr
Resource Area Alteration Alteration Replacement Replacement
— b.line c.line d.lin
4. ❑ Bank --a.linear feet
5. [] Bordering Vegetated Wetland ___.---- c.square d.square
a.square feet b.square feet
q
a.square feet b.squ c.square d.s
g ❑ Land Under Waterbodies and ----
Waterways
— f.cl dredged
e.cly dredged Y feet
7. E] Bordering Land Subject to a,square feet b.square feet c.square d.sq
Flooding h.cub"h.cubic Cubic Feet Flood Storage e,cubic feet f.cubic feet— g.cub
g, ❑ Isolated Land Subject to a.square feet b,squ--arefeet
Flooding __---- f,cub
Cubic Feet Flood Storage c.cubi—�feet — d.cubic feet e.cubic feet
g. ❑ Riverfront area a.total l sq.feet b.total feet
_____--- -- --- e.square f.square
Sq feet within 100 feet c.square feet d.square feet
square
Sq feet between 100-200 feet __._--- i.square feet i q
g.square feet h.square feet
WPA Form 5A—order of conditions•Page 3 of 13
Newton-0474 (Lot 5)Fm 5A
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
DL7 Bureau of Resource Protection —Wetlands Program
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1480
B. Findings (cont'd)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port Areas- Indicate size under Land Under the Ocean, below
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
11. ❑ Land Under the Ocean
a,square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches - Indicate size under Coastal Beaches and/or Coastal Dunes below.
13. ❑ Coastal Beaches
a.
14. El Coastal Dunes T—square square feet feet c.c/y nourish. d.c/y
15. ❑ Coastal Banks a.square feet b.square feet c.c/y nourish. d.c/y
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores
a,
17. ❑ Salt Marshes
square feet b.square feet
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds
a.square feet b.square feet
d.
19. El Land Containing Shellfish c.c/y dredged c/y dredged
a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs-Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or
inland Land Under Waterbodies and Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to Coastal Storm
Flowage a.square feet b.square feet
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Newton (Lot 5)Fm
Formatted ed fo r Registry of Deeds
WPA Form 5A—Order of conditions•Page 4 of 13
for
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WPA Form 5A- Superseding Order of Conditions MassDEP File#
LL Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve then e catstatutesyordinapcesobylaws, or regulations.omplying with all
other applicable federal, state,
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than
three years, the extension date and the special circumstances warranting the extended time
period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Superseding Order of Conditions, this Amended Superseding
Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the
Superseding Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this.project shall be clean fill. plaster,fill
shall no trash,sh, refuse,
rubbish, or debris, including but not limited to lumber, bricks,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been 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 upon which the proposed work is
to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to the Department on
the form at t end
d of wor order,which form
must be stamped by the Registry of Deeds, prior
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" (or, "MA DEP")
"File Number 242-1480 "
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 5 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
ILI Bureau of Resource Protection —Wetlands Program
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1480
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Department of Environmental Protection.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Department in writing whether the change is significant enough to require the filing of a new Notice
of Intent.
15. 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 or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Department.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall
immediately control any erosion problems that occur at the site and shall also immediately notify the
Department, which reserves the right to require additional erosion and/or damage prevention
controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless
another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project") is (1)❑ is not(2)®subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices. (BMPs) shall remain in place until the site is fully stabilized.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 6 of 13
Formatted for Registry of Deeds
p
WPA Form 5A— superseding Order of Conditions MassDEP File# .
Massachusetts Department of Environmental Protection 242 1480
Bureau Wetlands ePriotectioneAct M.G.L. c. 31, §40
L1 Massachusetts
t �
cont.
C. General Conditions Under Massachusetts Wetlands Protection Ac and until a
be discharged to the post-construction stormwater BMPs unless
b) No stormwater runoff may discharged
provides a Certification that:
Registered Professional p post construction
construction eriod BMPs have been removed or will t be converted to pertain specified in
L all p period BMPs intended
the Certification. For any construction p e, and/or treatment, the conversion is lledCleaned or
operation for stormwater attenuation, recharg period sediment
MassDEP Stormwater Handbook BMP specifications cg remodval of ahl const uctio been properly
prepared for post construction operation, Registered
trapped in inlet and outlet control structures; ed b a Reg
ii. as-built final construction BMP plans are included, signed and stamp Y
the site is fully stabilized; per the
Professional Engineer, certifying ement system have been removed, as p
iii. any illicit discharges to the stormwater manag
tans including all
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are an id have bee accordance
n insp ected to ensure that they are
with the p
planting plans) approved by the iss g condition;
not damaged and that they are in proper working
e issuing authority is notified that another
eaetation associated with post-construction BMPs�S suitably established to withstand erosion.
v. anv v uesting a Certificate of
c) The landowner is responsible for BMP maintenance until defined in General Condition
party has legally assumed responsibility for BMP the esponsible party (defined Hance
Compliance, or Partial Certificate of Compliance, operation and Maintenance Comp
shall execute and submit to the issuing authority an Op the party responsible for
19(e)) "O&M Plan") and certifying the
Statement("O&M Statement)for the Sterationtand Ma ntenaniee Plan
implementing the,stormwater BMPsop implemented upon receipt of the Certificate of
complete and will be imp ongoing legal
following: i.)the O&M Plan is onsible parties shall be notified in writing of their onlneg i the l g
Compliance, and ii.)the future re management BMPs and imp
responsibility o open to and
nt on Plan.the stormwater
Stormwater implemented in accordance with
pollution prevention and source control shall be imp Report and, if applicable,
d) Post-construction p Ian section of the approved Stormwater Rep e Elimination
the long-term pollution prevention p aired b the National Pollution Discharge
the Stormwater PolGeneral Per owner,required Y
System Multi-Sector drainage
art accepts responsibility, the landowner, or owner of any tion, the
e) Unless and until another party each BMP. To overcome this a reement of record,
easement, assumes
responsibility ssubmit to the maintaining authority a legally binding g
landowner of the property . authority, evidencing that another entity has accepted responsibility
fli for
and acceptable to the issuing y art shall be treated as a p
maintaining the BMP, and that the proposed responsible party through 19(k)with respect to that
implementing the requirements of Conditions lem requirements of Conditions
purposes of imp responsible party to implement the
BMP. Any failure of the proposed
19 f through 19(k)with respect to that BMP shall be a violation of the Order mConditions one lot, the
() also identify the lots that will be serviced by the stormwater BMPs. A
Certificate of Compliance. In the case of stormwater BMPs that are serving operation
legally binding agreement shall onsible party access to perform the required op
plan and easement deed that grants the res`pith the legally binding agreement.
and maintenance must be submitted along
responsible arty shall operate and maintain all stormwater
ssachusettB accordance the design
f) The N
Plans, the O&M Plan, and the requirements of the Ma
WPA Form 5A—order of conditions•Page 7 of 13
Newton-0474 (Lot 5)Fm 5A
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1480
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of
material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the
site to evaluate and ensure that the responsible party is in compliance with the requirements
for each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit
(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1; Low Impact Development
Site Design Credits) shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Brief Project Description: Demolition of existing house garage driveway and construction of a new
sin le-famil house ara a screen orch drivewa retaining wall and stone wall with associated
grading, landscaping and buffer zone plantings
® See the attached Order of Conditions containing Special Conditions 20-73 with all plan references
and/or other attachments issued by the North Andover Conservation Commission (NACC) on
7/23/2013 which is hereby affirmed and made part of this decision, as modified by the following
special conditions: 74-76
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i
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 has no jurisdiction to
supersede the local by-law order.
Newton (Lot 5)Fm
Formatted ed fo r Registry of Deeds
WPA Form 5A—Order of conditions•Page 8 of 13
for
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WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years from the date of issuance, unless otherwise specified
as a special condition pursuant to General Conditions 4 or 6.
Issued by: Department of Environmental Protection:
Signature:
�
6—���H i i M. avis, Acting-Section Chief
0
This Order is issued to the applicant as follows:
❑ by Hand delivery on: ® by certified mail on:
August 21,2013
Date Date
F. Recording Information
This Order of Conditions 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 Conditions. The recording information
on Page 10 of this form shall be submitted to the Department.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 9 of 13
Formatted for Registry of Deeds
WPA Form 5A- Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Lll� Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Massachusetts Department of Environmental Protection—Northeast Regional Office
Issuing Authority
MassDEP
TO: Issuing Authority
Please be advised that the Order of Conditions for the Project at:
14 Lorraine Avenue 242-1480
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 of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
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
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 10 of 13
Formatted for Registry of Deeds
WPA Form 5A- Superseding Order of Conditions MassDEP File#
L,A Massachusetts Department of Environmental Protection
Bureau of Resource Protection —Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Appeal Rights and Time Limits
The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other
Reviewable Decision as defined at 310 CMR 10.04, who previously participated in the proceedings
leading to this Reviewable Decision, the conservation commission, or any ten (10) residents of the city or
town where the land is located if at least one resident was previously a participant in the permit
proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L. c.30A,
§ 10, provided the request is made by certified mail or hand delivery to the Department, along with the
appropriate filing fee and a MassDEP Fee Transmittal Form within ten (10) business days of the date of
issuance of this Superseding Order or Determination, and addressed to:
Case Administrator
Office of Appeals and Dispute Resolution
Department of Environmental Protection
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the request(hereinafter also referred to as Appeal Notice) shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, the person that requested
the Superseding Order or Determination, and the issuing office of the MassDEP at:
MassDEP—NERO
Wetlands Program
205B Lowell Street
Wilmington, MA 01887
In the event that a ten resident group requested the Superseding Order or Determination, the Appeal
Notice shall be served on the designated representative of the ten resident group, whose name and
contact information is included in this Reviewable Decision (when relevant).
Contents of Appeal Notice
An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR
1.01(6) and 310 CMR 10.05(7)0), and shall contain the following information:
(a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from applicant,
and address of the project;
(b) the complete name, mailing address, email address, and fax and telephone numbers of the party
filing the Appeal Notice; if represented by consultant or counsel, the name, fax and telephone
numbers, email address, and mailing address of the representative; if a ten residents group, the
same information for the group's designated representative;
(c) if the Appeal Notice is filed by a ten (10) resident group, then a demonstration of participation by
at least one resident in the previous proceedings that led to this Reviewable Decision;
(d) if the Appeal Notice is filed by an aggrieved person, then a demonstration of participation in the
previous proceeding that lead to this Reviewable Decision and sufficient written facts to
demonstrate status as a person aggrieved;
(e) the names, telephone and fax numbers, email addresses, and mailing addresses.of all other
interested parties, if known;
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 11 of 13
Formatted for Registry of Deeds
I-hWI 11-M WPA Form 5A— Superseding Order of Conditions
Massachusetts.Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program 242.1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
(f) a clear and concise statement of the alleged errors contained in the Department's decision and
how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the
protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40, including
reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges
has been violated by the Department's Decision, and the relief sought, including any specific
desired changes to the Department's decision;
(g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the
underlying Conservation Commission decision if the Reviewable Decision affirms the
Conservation Commission decision;
(h) a.statement that a copy of the request has been sent by certified mail or hand delivery to the
applicant and the conservation commission; and
(i) if asserting a matter that is Major and Complex, as defined at 310 CMR 10.04(1), a statement
requesting that the Presiding Officer make a designation of Major and Complex, with specific
reasons supporting the request.
Filing Fee and Address
A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money
order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars($100) must
be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a
waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, district
of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive
the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the
fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth
the facts believed to support the claim of undue financial hardship together with the hearing request as
provided above.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions Page 12 of 13
Formatted for Registry of Deeds
AMENDED SUPERSEDING ORDER OF CONDITIONS
DEP File Number 242-1480
Special Conditions
See the Amended Order of Conditions containing Special Conditions 20-73 with all plan references and/or
other attachments, issued by the North Andover Conservation Commission on July 23, 2013, which is hereby
affirmed and made part of this decision as modified by the following special conditions:
74. Members and agents of the Conservation Commission and the Department shall have the right to enter
and inspect the premises to evaluate compliance with the conditions stated in this Superseding Order, and
may require the submittal of any data deemed necessary by the Department for that evaluation.
75. Pursuant and in addition to the Special Conditions contained in the Amended Order of Conditions, dated
July 23, 2013, upon completion of the project, the applicant shall submit a request for a Certificate of
Compliance with an affidavit prepared by a professional engineer or land surveyor registered in the
Commonwealth of Massachusetts, stating that the site subject to the Superseding Order of Conditions has
been developed in accordance with the requirements of this SOC, based upon an on-site inspection and
the referenced site plans. Additionally, the applicant shall submit an as-built plan prepared by a registered
professional engineer or land surveyor of the Commonwealth, for all work that has been proposed within
the area of the Department's jurisdiction within the site subject to the SOC. Such plan shall indicate in a
clear manner the final and actual conditions of the site.
76. All submittals shall be made to the Department and copied to the Conservation Commission.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions Page 13 of 13
Formatted for Registry of Deeds
WPA Form 5A — Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program
M
Ll assachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1480
A. General Information
1. From: Department of Environmental Protection
Issuing Authority
2. This issuance is for(check one): a. ❑ Superseding Order of Conditions
b.®Amended Superseding Order of Conditions
3. To: Applicant:
a.First Name b. Last Name
Breenmore Realty Trust c/o The Neve-Morin Group, Inc.
c.Organization
447 Boston Street
d.Mailing Address Line 1
Topsfield MA 01983
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Peter - Breen
a.First Name b.Last Name
Breenmore Realty Trust
c.Organization
14 Lorraine Avenue
d.Mailing Address Line 1
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. Project Location:
14 Lorraine Avenue North Andover
a.Street Address b.City/Town
46 &47 105, 107 & 1
c.Assessors Map/Plat Number 0. Parcel/Lot Number
Latitude and Longitude, if known: e. Latitude. f.Longitude
A. General Information (cont'd)
6, Property recorded at the Registry of Deeds (attach additional information if more than one parcel):
Northern Essex
a.County b.Certificate(if registered land)
6945 219
4475 291
4882 117
c.Book d.Page
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 1 of 13
Formatted for Registry of Deeds