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Home My WebLink About242-1726, 0 Rea Street ORAD Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1726 L WPA Form 4B-Order of Resource Area eDEP Transaction#:992351 City/rown:NORTH ANDOVER Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 A. General Information 1.Conservation Commission NORTH ANDOVER 1 This Issuance is for(Check one): a. W Order of Resource Area Delineation b. r- Amended Order of Resource Area Delineation 3.Applicant Details a.First Narne b.Last Name c,Organization MESSINA DEVELOPMENT d.Mailing Address 277 WASHINGTON STREET e.City/rowa GROVF.LAND f.State MA g.ZIP 01834 4.Property Owner(if different from applicant): a.Fist Name JOSEPH b.Last Name AVERKA c.Organization C/O ATTORNEY ARMAND HYATT d.Mailing Address 8 JACKSON COURT e.City/Town LAWRENCE £State MA g.ZIP 01834 5.Project Location a.Street Address 0 REA STREET b.City/Town NORTH ANDOVER C.Zip 01845 d,Assessors Map/Plat# 38 e.Parcel/Lot# 37 £Latitude 42,66704N g,Longitude 71.09097W 6,Dates a.Date ANRAD Filed 1/12/2018 b.Date Public Hearing Closed 2/14/2018 c.Date Of Issuance 2/15/2018 7.Final Approved Plans and Other Documents Plan Final Plan Plan Title Plan Prepared By Plan Signed By Date Scale ANRAD PLAN FOR 0 REA STREET IN NORTH CHRISTIANSEN& PHILIP G. ANDOVER,MASS. SERGI,INC. CHRJSTIANSEN,P.E. 216118 V=40' B. Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. P 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, S-0 Bordering Vegetated Wetlands 2. P Other resource area(s),specifically a.MEAN ANNUAL HIGH WATER ASSOCIATED WITH MOSQUITO BROOK/ASSOCIATED RIVERFRONT AREA b, r-Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission fiom the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): 1.r—Bordering Vegetated Wetlands 2.r Other resource area(s),specifically Page I of 3 ELECTRONIC COPY ` Massachusetts Department of Environmental Protection Provided byMassDEP: l Bureau of Resource Protection-Wetlands MassDEP File-H:242-1726 eDEP Transaction 4:992351 WPA Form 4B-Order of Resource Area City/Town:NORTH ANDOVER Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 a. c. r Inaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a.BORDERING LAND SUBJECT TO FLOODING(BLSF) 3.The boundaries were determined to be inaccurate because: THE BOUNDARY WAS DESCRIBED IN THE PROJECT NARRATIVE SUBMITTED WITH THE ANRAD AND DELINEATED ON THE ORIGINAL PIAN SUBMITTED BUT THE LINE WAS NOT CONFIRMED AND WAS REMOVED FROM THE FINAL PLAN, C. Findings 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,S 40)and its regulations(3 10 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 band delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office(see http://www.mass.gov/dep/about/regiordfindyour,hftn), 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 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 310 CMR 10.03(7)within 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 snail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.Any appellants seeking to appeal the Department7s 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,S 40)and is inconsistent with the wetlands regulations(3 10 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, Page 2 of 3 *EL,ECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1726 • WPA Form 4B- Order of Resource Area eDEP Transaction 4:992351 Delineation City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 E. Signatures, 1.Date of Original Order 2,No,,of Signatures required .... ............. f ............. 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,and the Amended Order will expire on the date of the Original Final Order unless extended in writing by the Department. This Order is issued to the applicant and the property owner(if different)as follows: 3. r-By hand delivery on 4.r/By certified mail,return receipt requested on 7016 0340 0000 3043 7765 a.Date a,Date Page 3 of 3 ELECTRONIC COPY Order of Resource Area Delineation 0 Rea Street DEP File # 242-1726 Facts &Findings: Wetland resource areas,jurisdictional under the Massachusetts Wetland Protection Act(WPA) and/or the North Andover Wetland Protection Bylaw (Bylaw),within the subject parcel include Bordering Vegetated Wetland (BVW) and Riverfront Area as determined by the delineation of Mean Annual High Water (MAHW) associated with Mosquito Brook. Wetland resource areas were delineated by Greg Hochmuth of Williams & Sparages,LLC in November of 2017. Wetland flags were confirmed by Jennifer Hughes,Conservation Administrator,on November 30, 2017 and include: BVW Flags A1-A41'and MAHW Flags MAI-MA12 Mean Annual High Water was further delineated on January 31,2018 and includes: MAHW Flags MA13-MA28 The remainder of the MAHW line was taken from aerial photos and field verified with the Conservation Administrator on the date above. The associated 200-foot Riverfront Area is also confirmed as shown on the plan referenced herein. Portions of the property are shown within the Zone A on FEMA map Number 25009CO237F. Although this area (Bordering Land Subject to Flooding) was originally included as part of the submitted Abbreviated Notice of Resource Area Delineation(ANRAD),it was later withdrawn to be confirmed at as part of any future filing. Record Documents: Abbreviated Notice of Resource Area Delineation 0 Rea Street Assessors map 38,Parcel 37 North Andover, Massachusetts -WPA Form 4A and supporting documents, dated January 8,2018. Prepared by Williams & Sparages,LLC,189 North Main Street,Suite 101,Middleton,MA 01834; ➢ Plan entitled"ANRAD Plaza for 0 Rea Street in North Andover, Mass." Prepared by Christiansen&Sergi, Inc.,160 Summer Street,Haverhill,Massachusetts 01830 Date:January 10,2018 and last revised 2/6/18. Stamped and signed by Philip G. Christiansen, P.E.; ➢ Letter from Williams &Sparages, LLC signed by Greg J. Hochmuth,Project Manager Date: February 7, 2018 Subject: DEP File Number 242-1726 0 Rea Street- ANRAD --Revised Plan