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HomeMy WebLinkAboutMiscellaneous - 1210 Osgood Street (2) Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1342 Provided by DEP L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling out From. 1.Conservation Commission forms on the computer, use 2 This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review Q1. ❑ 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 William Barrett Forgetta Development, LLC your local a. First Name b. Last Name c.Company Conservation Commission 1049 Turnpike Street regarding any d.Mailing Address municipal bylaw North Andover MA. 01845 or ordinance. e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company I d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1210 Osgood Street North Andover a.Street Address b.City/Town Map 35 and 34 Parcels 9 and 49 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 10/21/05 # 1 /9 /,� 111 d7>C S 5. Dates: a. Date Notice of intent filed b. Date Public Hearing Closed c. Date of issuance 7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Exisitng Conditions Plan August 31, 2000,`ti,� uc� a.Title b. Date lS/G c.Title d. Date wpaform4b.doc•rev.06/13/05 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands L7 WPA Form 4B — Order of Resource Area Delineation 242-1342 \ Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: b. ❑ Modified: 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 Delineation, are accurately drawn from the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(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): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.06/13/05 Page 2 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1342 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 your project does not meet these requirements, 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 Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-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 stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), 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 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 areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain 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 40%of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 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 an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD 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 allowed, and no additional NOI or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions— wpaform4b.doc•rev.06/13/05 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1342 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) 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.' 6. ❑ The 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 Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, 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: a. a. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(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. 1o. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas,whichever will be greater. 11. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission 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 of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vema/Pools,public water supplies, orinland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.06/13/05 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1342 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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. c.131, §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 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 or Department 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 Simplified Review 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 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 mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal 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, §40)and is inconsistent with the wetlands regulations(310 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. wpaform4b.doc•rev.06/13/05 Page 5 of 7 Order of Resource Area Delineation 1210 Osgood Street Endicott Plaza Facts & Findings: The following wetland flags have been reviewed and formally approved by the Commission: WF74 through WF7-24 and WF3-8 through WF3-20. There are no other jurisdictional wetland resource areas on the subject property. The wetland flags located on the adjoining City of Lawrence Airport Commission property appear accurate but are not formally approved at this time. In addition, the associated 25' No-Disturbance Zone, 50' No-Construction Zone, and 100' buffer zones are also approved under this filing. A number of temporary sedimentation basins were excavated by the contractor during site preparation activities under the expired Order of Conditions (DEP File #242-1037). These basins are considered temporary Best Management Practices ("BMPs"),which were required by the Commission during construction. The sole purpose of these BMPs was to collect and store sediment when the site was being graded because the haybale and silt fence barriers were not adequate to prevent offsite sedimentation into downgradient wetlands. The site is currently stable and well vegetated. These areas were not designed as permanent stormwater management structures and they are not subject to protection as jurisdictional wetland resource areas under the Massachusetts Wetlands Protection Act or the North Andover Wetlands Protection Bylaw. With any future Notice of Intent submission for the project site, the applicant shall provide the Commission with an updated existing conditions site plan accurately depicting existing topography and site conditions of the project site. In addition, wetland flags W177-9 and WF7-10 shall be re-surveyed and added to the Notice of Intent site plan (s). Record Documents: Y Abbreviated Notice of Resource Area Delineation Report, dated October 21, 2005, entitled "Endicott Plaza - 1210 Osgood Street, North Andover, MA". Prepared by Epsilon Associates, Inc.; Plan entitled "Existing Conditions Plan". Prepared by Marchionda & Associates, L.P. dated August 31, 2000, revised 9/5/00. Stamped & signed by Paul A. Marchionda, P.E. and Stephen M. Melesciuc, P.L.S.; Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1342 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Please ind',7e nurTIbeF-of II sign this form: J �` 1.Number of Signers Signat a of C ns ryt o mmission Member Signature of Conservation Commission Member Signa, re ; Conservrv// Io iCommisssion Member Signature of Conservation Commission Member i �� R/!tG Signature of Conservation Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on 0/by certified mail, return receipt requested on Date Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North It', fh W1 r"iue-n,, 19c r C .- On this Day of Month Year Before me, the undersigned Notary Public, 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 Conservation Commission Cityrrown 1 ET"'-' DONNA M.WEDGEignature of Notary Public NOTARY PUBLICWEALTH OF uassACHUSETTSmm.ExpiresAug'7'� Printed Name of Notary Public Place notary seal and/or any stamp above My Commission xpires(Date) This Order is issued to the applicant as follows: wpaform4b.doc•rev.06/13/05 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form Q — Order of Resource Area Delineation 242-1342 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified 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 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 6 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach 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 Conditions for the Project at: 242-1342 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 wpaform4b.doc•rev.06/13/05 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwi ht Street Agawam Conway Hancock Montague Plainfield Wales 9 Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardslon Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Devens Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Douglas Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Barre East Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Grolon Maynard Petersham Templeton Boxborough Harvard Medway Phillipston Townsend Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro AGuinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville,MA 02347 Attleboro Duxbury Hanover New Bedford Rochester Wellfleet Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater Fax:508-947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tisbury TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marion Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton Carver Foxborough Mashpee Plymouth Swansea Chatham Franklin Plympton Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield One Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform4b.doc•rev.11/22/00 Page 1 o 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code r� Phone Number Fax Number(if applicable) Project Location Mailing Address Cityrrown State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3, DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•rev.10/04 Page 1 of 2 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office. 4. 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, if he/she is not the appellant. Wpaform4b.doc•rev.10104 Page 2 of 2