64-276 - 127 MARLBOROUGH ROAD - CONSERVATION COMMISSION �LZ
t
310 CMR 10 .99 DEP File No. 64-Z76
Form 8 (To be provided by DEP)
tity.Tmn Salem
Apptic t Kevin O'DonnPT 1
co=onweal tlh
of !Massachusetts
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
To .Kevin O'Donnell - - -21 Oakland St. .
(Name) (Address)
Date of Issuance 7/22/99
This Certificate is issued for work regulated by an Order of Conditions issued
to Stron>;water Realty Brook dated 5/28/Q8
and issued by the Salem Conservation Commission and amended on 3/25/99 k 4/22/99
1. It is hereby certified that the work regulated by the above-
referenced Order of. Conditions has been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of' the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed: (If the Certificate of Compliance does not
include the entire project, specify what portions are included.)
3 . ❑ It is hereby certified that the work regulated by the above-
referenced Order of Conditions was never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without
filing a new Notice of Intenc and receiving a new Order of
Conditions.
_ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Leave Space Hlank)
A I COPY RTT€ST
cin �K /�L
Effective 11/10/89 8-1 SALEM, MASS.
4 . T%e certificate shall be recorded in the Registry of Deeds or the
Land Court for the district in which the land is located. The Order
was originally recorded or. 3/23/99 (date) at the
Registry of Essex Book 15551 , Page 314
5. ❑ The following conditions of the Order shall continue: (Set forth any
conditions contained in the Final Order, such as maintenance or
monitoring, which are to continue for a longer period. )
Issued by Sale
to s
When issued by the Conservation Commission this Certificate must be signed by
a majority of is members.
on this 22 day of July 19 99 before me
personally ppeared the above mentioned to me known to be .the
person described in and who executed the foregoing instrument and acknowledged
that he/she exe the same as his/her free act and deed.
SIEPHEN DIBBLE
Notary Public
My Commission Expires NoV.12.200t
No ary Public My commission expires
Detach on dotted lire and submit to the Co➢ nission
............................................................................................................
To Issuing Authority
Pteese be advised that the Certificate of Compliance for the project at:
Fite Number has been recorded at the Registry of
and has been noted in the chain of title of the affected property on , 19
If recorded land the instrument number which identifies this transaction is `
If registered land the document number which identifies this transaction is
Signature Applicant
6-2
l
310 CMR 10.99 DEP File No.
64-276
(To be provided by DEP
Porn 5
City/Tour[.�alem
Applicant d Gr nie
Coamtonwealth '
of Ptassat:husetts
AMENDED 4/225/99
Order Ldndi�ions
Massachuetts Wetlands Protection Act
G.L. c. 131, 540
From Salem Conservarinn rnmmi'ecir, Issuing Authoritv
To Strong Water Realtv Brook Kevin O'Donnell
(Name of Anplicant) (Name of Dronerty owner)
Address 339 Cabot St, Beverly MA Address 21 Oakland St. Salem
This Order is issued and delivered as follows :
❑ by hand delivery to applicant or representative on (date)
❑ by certified mail, return receint requested on (date)
This project is located at 127 Marlhnrn„rth Rri Lrrr 4
The property is recorded at the Registry of Essex
Book 14/87 ?age 47g
Certificate (if registered)
The Notice o_- -Intent for this project was filed on 3/z0/y8 (date)
The public hearing was closed on 5/28/98 (date)
Findings
The Commission has reviewed the above-referenced Notice of lntenc ars and has
held a public hearing on the project. Based on the information available to the COmmi6�n
s at this
time, the Commission has determined that the area an which the proposed work is to be done is
significant to the following interests in accordance with the Presu:ptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water suzly Flood Contral land containing shellfish
Private water supply Storm damage prevention fisheries
Ground water supply Prevention of pollution Protection of wildlife Habitat
Total filing Fee Submitted 250.00 State Share 112.50
(1/2 fee in excess of 125)
City/Town Share 137"50
Total Refund Due 1 City/Town Portion S State Portions
(1/2 tota U (1/2 total)
A R UE'COPY ATTEST
ci K'
SALEM, MASS,
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulations, tc protect those interests checked above. The Commission
orders that all work shall be performed in accordance with said conditions and
with the Notice of in referenced above. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
General Conditions
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 the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations .
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, _ram the date of issuance
and 'both _hat date and the special circumstances warraat_nc the
extended time period are se[ forth 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 anplication to the issuing
authority at least 30 days prior to the exoiracion dace of the Order.
5 . Any rill used in connect ior. with this proiect shall bt clean fill,
containing no crash, refuse, rubbish or 'debris, including but not limited
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes , ___rig=_razors, r_acor vesicles or parts o_ any of the forecoing.
7 . No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, unzil all
proceedings before the Department have been completed.
a . No work shall be undertaken until the Final order has been recorded
in the Regis[ry 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 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 to be done. The recording informacin shall be
submitted to the Commission on the form ac the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
-File Number Aa-276
It
lo . where the .Departmenc of Environmental Protection is requested zo make a
determination and to issue a Superseding Order. the Conservation
Commission ,shall be a party cc all agency proceedings and hearings before
t: Department .
11 . Upon completion of the work described herein, the applicant shall
forthwith request in writing that a Certificate of Compliance be issued
stating that• the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions :
Plans :
Title Dated Signed and Stamped by: On File with:
Plan of Land 3/20/98 John Gilbart Dick s-r•-r
Special Conditions (Use additional paper if necessarv) -
See Attached
Amended 3/25/99- to allow for construction of a 10'x13'-6" witn
stairs per plan -
(Leave.Soace Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issued By Salem Conservation Commission
Sig ture (s)
i
This Order must :oe signed by a majority of the Conservation Commission.
On this 28th day. of May 19 as before me
personally appeared the above mentioned to me known to be the
person described in and who executed the foregoing instrt:ment and acknowledgec
act d
that "ecutedame as his/her free c. and dee .
STEPHEN Dism
Notarymk
tbmmisdon ExPims Nov.12,2004
Noca My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon chic
the proposed work is to be done, or any ten residents of the city or town in which such land is located, a:
hereby rectified of their right to request the Department of Environmental Protection to issue a Supersedin:
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 Cf1R 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall a: the same time be sent by certified
rail or hand delivery to the Conservation Co .issicn and the applicant.
Detach on dotted lire a su
bmit tbmit to the prior to co. m nceenc of work.
...........................................................................................................
To Issuing Authorit•,
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded lend, the instrument nurber which identifies this transaction is
If registered lend, the docunent nurser which identifies this transaction is
Signs cure Applicant
J �
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS -DEP FILE#64-276
127 MARLBOROUGH ROAD,Lot 4
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project,the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described in the Notice of Intent and accompanying plans or part thereof. In the event
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Prior to commencement of construction activity, a haybale barrier shall be placed
downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be
anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited
on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing
signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper
functioning condition until all disturbed areas have been stabilized.
6. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
7. During construction, no debris, fill, or excavated material shall be stockpiled within 100
feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands.
S. Equipment servicing and overnight equipment storage must be conducted outside the
outer riparian zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
9. *Nos ill or discharge of etrole ppetroleum products or other pollutants will occur within 100
feet of any wetland resource area.
10. *Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is
prohibited within 100 feet of the resource area. Any arrangement for snow removal shall
stipulate the ban.
11. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing, the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible
for insuring that operations are conducted in compliance with this Order.
12. *Minimal pruning and no removal of any buffer zone or wetland vegetation will occur
downgradient of the staked haybale line.
13. *Onlyr organic fertilizers shall be used for landscaping and lawn Gaze and shall contain a
low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of the resource area.
14. A No Cut/No Disturbance Zone of the entire inner riparian zone shall be created and
mathmatized on the individual plot plan. Deed restrictions shall be placed on the lot to reference
and identify the No Cut/No Disturbance Zone. Individual deed for the lot shall include these
Special Conditions.
15. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\concom\ooc\marl rdlot4
I, Kevin M. O'Donnell, hereby state that I have complied with Order of Conditions DEP File #
64-276, 127 Marlborough Road, Lot 4 Registry of Essex Book 14787 Page 479 stamped and
dated by David Terenzoni revised by the Commission on April 22, 1999.
The two stone bounds are installed along inner riparian zone line at center of property and at
boundary line with lot 5. Amended changes include and allow for the construction of 10' x
13'6 " deck with stairs that has been completed. 75' of rear yard from house to 57.8 elevation
per above reference plan has been completed.
Bank is holding funds in escrow for completion of paved driveway and 12x4 paved walkway
from deck to driveway that is scheduled for May 12, 1999 completion. This was held up due
to weather conditions week of May 3 — 8, 1999.
Sincerely,
Kevin M. O'Donnell
May 11, 1999
I hereby certify that the above mentioned stone bounds are installed and
approximately located as shown on the plot plan entitled "Plan of Land
showing Spot Elevations at Lot 4, Marlborough Rd. Salem, MA", prepared for
Kevin O'Donnell, scale 1" = 40', dated April 1999, and revised May 12, 1999.
I further certify that the deck with stairs and the rear yard slope has been
completed, and that the tree with the elevation of 57.8' is 78' +/- from the
house. b-�,n+o
S i z 99 / 4t
Vill
David P. Terenzoni, PLS Date PwlV1
LI
TERN NI
All work in my opinion has been completed in compliance with the o NO.38720 r
OrAar,of Condition&as amended on 4/22/99
`/ f/9-11
CA
To the Plan ar , +10
1. I, Kevin O'Donnell am askingfor permission to build a 1&1374' deck 32" in from the
back left hand corner of the house (when facing the front top the house). With stairs.
This will conform to code.
2. Also to hot top the wa y from the stairs to Oe Vriveway.
3. To hot top an area 1 ast the house and vAl de to allow a turnaround from garage
doors and possible basketball setup.
4. Also grade to the back of the house vide x 75' long in order to have some back
yard space.
Sincerely,
Kevin O,Donnell 6v\ pk" A fec.orA
-�D � rev,sed d"
Tot;
i
c�
f.13;/26 99 :: inst. 57
- BK 15551 PG 314
310 CMR 10.99 DEP File No.
64-276
(To be provided by OEP)
Pprtn 5
city/Toun�slam
Applicant d Gr n;
CoamtonWealth '
pr
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c . 131, §40
s.
From _ Salem Conservarinn Cnmmi«,,, Issuing Authority
To Strong Water Realty Brook Kevin O'Donnell
(Name of Applicant) (Name of property owner)
Address 339 Cabot St, Beverly MA Address 21 Oakland St. Salem
This Order is issued and delivered as follows :
❑ by hand delivery to applicant or representative on (dice)
❑ by certified mail, return receipt reauesced on (date).
This project is located at 127 Marlhnrnngh Pri I_rrr 4
The property is recorded at the Recistry of Essex
Book 14/87 Page day
Certificate (if registered)
The Notice of Intent for this project was filed on 3/zO/y8 (dace)
The public hearing was closed on 5/28/98 _ (dace)
Findings
The Commission - has reviewed the above-referenced Notice of Intent a.NA�ps and has
held a public hearing on the project. Based on the information available to the Commis a: this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presuoctions of Significance set forth in the
regulations for each Area S'uttttb----jj1ect to Protection under the Act
----II(check as appropriate):
❑ Public water supply 2P Flood Cant rol Land containing shellfish
X$r-}'yi1 Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
_ Total Filing Fee Submitted 250.00 State Share 112.50 K
(1/2 fee in excess of S25)
City/Town Share_ 137.50
Total Refund Due 1 City/Town Portion S State PortiorS
(1/2 total) (1/2 total)
A -TRUE COPY ATTEST
SALEM, MASS.
At- exer Gli,/ru)-/L.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
DEP File No.
(To be provided by DEP)
Form 3
City/Town Salem
MAR L0 Applicant Mr.Joseph Grenier
Commonwealth SalemPlanning ®ep# Department of Defense
of Massachusettso United States of America
Notice of Intent
Under the City of Salem Wetlands Protection By-Law,
The Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location: Street Address A portion of 127 Marlborough Road Salem MA 01970
Lot Number Tax Map 9,a portion of Lot 270(Subdivision Lot 4)
2. Project: Type Residential Description The applicant proposes to construct a single family _
home,with associated driveway and grading located partially within buffer zone to bordering vegetated
wetland.
3. Registry: County Essex South Current Book 14446 &Page 346
Certificate(if Registered Land) N/A
4. Applicant Strong Brook Realty Trust Joseph Greiner Trustee Tel. _(978)9274878
Address 339 Cabot Street,Beverly MA 01915
5. Property Owner Strong Brook Realty Trust,Joseph Grenier Trustee Tel. (978)927-4878
Address 339 Cabot Street,Beverly,MA 01915
6. Representative Hancock Environmental Consultants Tel. (978)777-3050
Address 235 Newbury Street Danvers MA 01923
7, a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail
or hand Odiver, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes 9 No El / ❑
b. Has the fee been submitted? Yes fL�J' No
c. Total Filing Fee Submitted 5250.00
d. City/Town Share of Filing Fee $137.50 State Share of Filing Fee 5112.50
(sent to City/Town) (1/2 of fee in excess of$25,sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? Yes[�J'No El
4/1/94
310 CMR-411
NO1 Lot 4
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
8. Have all obtainable rprTmts,variances and approvals required by local by-law been obtained?
Yes❑ No
Obtained: Applied For: Not Applied For:
Town of Salem Wetlands
N/A Protection By-Law N/A
9. Is any portion of the site sub' o a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130,
§ 105? Yes❑ No
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter
of Exhibit Title,Date
A Plan of Land in Salem,MA,Property of Strong Brook Realty Trust,
March 20,1998
B Locus Map—USGS—Salem quad 7.5x15 minute 1988
C 1-3 Abutter List,Notification and Affidavit of Service
D 1-2 Filing Fee Calculation Sheet and Statement
11. Che=thoseurce areas within which work is proposed:
(a) one ❑ Riverfront Area
(b) Inland: Land Subject to Flooding
❑ Bank* ❑ Bordering
❑ Bordering Vegetated Wetland* ❑ Isolated
❑ Land Under Water Body&Waterway*
(c) Coastal:
❑ Land Under the Ocean* ❑ Designated Port Area*
❑ Coastal Beach* ❑ Coastal Dune
❑ Barrier Beach* ❑ Coastal Bank
❑ Rocky Intertidal Shore* ❑ Salt Marsh*
❑ Land Under Salt Pond* ❑ Land Containing Shellfish*
❑ Fish Run*
* Likely to involve U.S. Army Corps of Engineers concurrent Jurisdiction. See General Instructions for
Completing Notice of Intent.
4/l/94 310 CMR-412
NO/Lot 4
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
12. Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-
Listed Rare Wetlands Wildlife(if any)published by the Natural Heritage and Endangered Species Program?
Yes ❑ No V Date printed on the Estimated Habitat Map
No Map Available ❑ (if any) Salem quad, 1997-98 edition
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program
via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees
delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation
commission and the DEP regional office?
Yes ❑ No
If yes, please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered
Species Program.
Part II: Site Description
Indicate which of the following information has been provided(on a plan, in narrative description or calculations)
to clearly,completely and accurately describe existing site conditions.
Identifvine
Number/Letter
of Exhibit Natural Features
Soils
A Vegetation
A,B Topography
B Open water bodies(including ponds and lakes)
A,B Flowing water bodies(including streams and rivers)
Public and private surface water and groundwater supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
A Boundaries of resource areas checked under Part 1, item 11 above
Other Title:
Man-made Features
A,B Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels(with inverts),dams and dikes
Subsurface sewage disposal systems
Underground utilities
4/1/94 310 CMR-413
.N01 Lot 4
3I0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
A,B Roadways and parking areas
A Property boundaries, easements and rights-of-way
Other Title:
Part III:Work Description
Indicate which of the following information has been provided(on a plan, in narrative description or calculations)
to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I,
item 11 above.
Identifying
Numbcr/Lctter
of Exhibit Planview and Cross Section of:
A Structures(such as buildings,piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
Subsurface sewage disposal systems and underground utilities
Filling,dredging and excavating, indicating volume and composition of material
Compensatory storage areas,where required in accordance with Part III, Section 10.57(4)
of the regulations
Wildlife habitat restoration or replication areas
Other Title:
Point Source Discharee
Description of characteristics of discharge from point source (both closed and open
channel)when point of discharge falls within resource area checked under Part I, item 11
above, as supported by standard engineering calculations, data and plans, including but
not limited to the following:
1. Delineation of the drainage area contributing to the point of discharge;
2. Pre- and post-development peak runoff from the drainage area, at the point of discharge, for at least the 10-
year and 100-year frequency storm;
3. Pre- and post-development rate of infiltration contributing to the resource area checked under Part 1, item I I
above;
4. Estimated water quality characteristics of pre-and post-development runoff at the point of discharge.
4/l/94 310 CMR-414
NO/Lot 4
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
Part IV: Mitigating Measures
L Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each resource area
specified in Part II or Part III of the regulations,or
(b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations
do not apply.
Coastal Resource Area Type: Identifying
- Number/Letter
Inland N/A
of Exhibit
LlCoastal Resource Area Type: Identifying
❑ Inland Number/Letter
N/A of Exhibit
4/l/94 310 CMR-415
NOI Lot 4
310 CUR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
Coastal Resource Area Type: Identifying
❑ Inland Number/Letter
N/A of Exhibit
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not
alter an area specified in Part I, Section 10.02(1)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area all measures and
designs proposed to meet the
performance standards established for the adjacent resource area, specified in Part II or Part III of these
regulations.
oastal Resource Area Type Bordered Identifying
By 100-Feet Discretionary Zone: Number/Letter
Inland Bordering Vegetated Wetland of Exhibit
A staked hay bale siltation barrier will be erected and maintained between the A
limit of work and the resource areas as shown on the permit site plan. The
erosion control barriers shall remain in place and proper function until all
exposed finish grade surfaces within the buffer zone are adequately stabilized by
vegetation. They shall define the limit of work within the buffer zone.
All exposed-soil finish grade surfaces within the buffer zone shall be
immediately landscaped, or seeded and mulched with a layer of mulch hay, or
covered with mulch until climate conditions allow for seeding.
4/1/94 310 CUR-416
NOI Lot 4
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
Part V: Additional Information for a Department of the Army Permit
1. COE Application No.
(to be provided by COE)
2.
(Name of Waterway)
3. Names and Addresses of property owners adjoining your property: See
4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that
would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 81/2" x I I"drawings in planview and cross-section, showing the resource area and the proposed activity within
the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be issued.
Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston,
Massachusetts 02109.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management
Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is
consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public record
through issuance of a public notice, Disclosure of this information is voluntary; however, if necessary information
is not provided,the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,documents and supporting data are true and complete,to the best of my knowledge.
Signature of licant Date
Signature of Appli nt's epresentative Date
"Exception to ENG Form 4345 approved by HQUSACE,6 May 1982"
"This document contains a joint Department of the Army and State of
Massachusetts application for a permit to obtain permission to perform
activities in United States Waters. The Office of Management and
Budget (OMB) has approved those questions required by the US Army
Corps of Engineers. OMB Number 0702-0036 and expiration date of 30
September 1983 applies;' This statement will be set in 6 point type.
4/l/94 310 CMR-417
NOI Lot 4
i#6432-4 Exhibit B
Locus Map
127 Marlborough Road, Salem MA
Source: USGS — 7.5x15 minute
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NOI Lot 4
#6432-4 Exhibit C-1
Abutter List
Mati =Tmt Nawe � ; ,� Address- Tawn ^� x7a",�-
9 ;9 :MAUREEN OUELLETTE '163 MARLBOROUGH RD SALEM MA ;01970
9 10 JOHN&GLADYS BROUGHTON 5 HOME ST SALEM MA 61970
9 '11 IHAROLD&PAULA ROBERTS 7 HOME ST SALEM MA 01970
9 12 DIBIASE CORPORATION 10 LOOKOUT TERRACE jLYNNFIELD MA 01940
9 18 STEPHEN&ELEANOR CAPELLOS 156 MARLBOROUGH RD SALEM MA 01970
i 9 19 FELICIA WEAVER 150 MARLBOROUGH RD i SALEM MA 01970
9 39 CITY OF SALEM 93 WASHINGTON ST SALEM MA '01970
9 `41 FELICIA WEAVER — `AS HEREIN
9 272 ID.OUELLETTE&B. LABONTE 163 MARLBOROUGH RD �SALEM MA 01970
9 20 201 I JOIN JERMYN 146 MARLBOROUGH RD SALEM MA 01970
JERMYN REALTY TRUST
........... --------
9 148 JOSEPH FRATANGELO 144 MARLBOROUGH RD SALEM MA 01970
___
9 ;23 ;ROCCO&JNE U SOLIMENO 138 MARLBOROUGH RD SALEM_ MA .01970
_..;
9 �24 EDWARD BOBREK 134 MARLBOROUGH RD -SALEM MA 01970
.-
9 25 PATRICK KING 18 MASON ST BEVERLY MA 01915
9 '26 PETER&MARY SMITH 124 MARLBOROUGH RD SALEM MA 01970 i
9 127 MARYANN TERRY 108 MARLBOROUGH RD SALEM MA 01970
120 MARLBOROUGH RD TRUST
28 MARK AND MARYANN TERRY 108 MARLBOROUGH RD SALEM MA �01970
9 273 ANTHONY&KARLYNE FURNARI 125 MARLBOROUGH RD SALEM MA 01970
9 274 JOSEPH&MARIANNE FURNARI "123 MARLBOROUGH RD i SALEM M-A 01970
NOI Lot 4
#6432-4 Exhibit C-2
Notification to Abutters Under the Massachusetts Wetlands Protection Act
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are
hereby notified of the following.
A. The name of the applicant is Joseph Grenier Trustee Strong Brook Realty Trust
B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality of
Salem seeking to remove,fill,dredge or alter an Area Subject to Protection Under
the Wetlands Protection Act(General Laws Chapter 131, Section 40).
Activities Proposed: The applicant proposes to construct a single family home with associated driveway and
grading located partially within buffer zone to bordering vegetated wetland.
C. The Address of the Lot where the activity is proposed is A portion of 127 Marlborough Road,Salem MA 01970
Tax Map 9,a portion of Lot 270(Subdivision Lot 4)
D. Copies of the Notice of Intent may be examined at Hancock Environmental Consultants
between the hours of 9 AM and 4 PM on the following days of the week: M—F
For more information,call: 978 777-3050
Check one: This is the applicant LJ representative or other ❑(specify):
Name of Representative: Hancock Environmental Consultants
E. Copies of the Notice of Intent y be obtained for a fee from either(check one)the applicant ❑,or the
applicant's representative K by calling this telephone number (978)-777-3050
between the hours of 9 AM and 4 PM on the following days of the week: M—F
F. Information regarding the date,time,and place of the public hearing may be obtained from:
Salem Conservation Commission
by calling this telephone number (978)745-9595 between the hours of 8AM and 4PM
on the following days of the week: M-W, 8AM-7P H, and 8AM-1P4 F
Check one:This is the applicant ❑, representative LvXor other LJ(specify):
Salem Conservation Commission
NOTE: Notice of the public hearing, including its date,time and place,will be published at least five
(5)days in advance in the Salem Evening News
(name of newspaper)
NOTE: Notice of the public hearing, including its date,time and place, will be posted in the City or Town Hall not
less than forty-eight(48)hours in advance.
NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental
Protection Regional Office for more information about this application or the Wetlands Protection Act.
To contact DER call:
Central Region: 508-792-7650 Northeast Region: 781-932-7600
Southeast Region: 508-946-2800 Western Region: 413-784-1100
NOI Lot 4
#6432-4 Exhibit C-3
Affidavit of Service
Under the Massachusetts Wetlands Protection Act
(to be submitted to the Massachusetts Department of
Environmental Protection and the Conservation Commission
when filing a Notice of Intent)
I, Kim Curtis hereby certify under the pains and penalties of perjury that on
March 20, 1998 1 gave notification to abutters in compliance with the second
paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to
Abutter Notification dated April 8, 1994, in connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetlands Protection
Act by Joseph Grenier, Strong Brook Realty Trs with the Salem Conservation
Commission on March 20, 1998 for property located at
A portion of 127 Marlborough Road Salem,MA,01970
Tax Map 9,a portion of Lot 270(Subdivision Lot 4)
The form of the notification, and a list of the abutters to whom it was given and their
addresses, are att ed to this Affidavit of Service.
3/zv/'-1 o
Name Date
NOI Lot 4
#6432-4 Exhibit D-1
Wetlands Filing Fee Calculation Worksheet
For Notices of Intent Filed under the Massachusetts Wetlands Protection Act (G.L. Ch. 131, Sec. 40)"
Category 1 $55 Per Activity $ # b. Construction of Each Building within Commercial,
a. Existing House/Residential Lot(addition,deck,garage,pool, Industrial, Institutional, or Apartment/Condo/Townhouse
shed or driveway) Development (including: she Preparation, retention/deten-
tion basins, septic systems, Parking Ids, utilities, point
source discharges, package sewage treatment plants, road-
removal of vegetation
b. Site Preparation (eon Single Family House (SFH) se ways/driveways-exaptunder 10.53(3e)if under single NOT)
, excavation grading where houuse
construction is not proposed under same NOT) c. Each Roadway/Driveway Crossing(if not reviewable tender
C. Control
of Nuisance Vegetation (removal, herbicides, etc.; 10.53(3e)or associated with SFH)
per lot under M53(4)) d. Hazardous Waste Cleanupex(except as in Cat 4)
d. Resource Area is nuismoc v (under 10.53(4); other than TOTAL CATEGORY 3 ACTIVITIES
removal of aquatic nuisance vegetation)
e. Septic System (or any Pak thereof,, construction, replace- Category a $725 Per Activity
ment,upgrade) _
f Monitoring Wells(installation activities except acoas road) a. Each Roadway/Driveway Crossing (under 10.53(3e)
associated with commercial, industial, institutional
g. New Agricultural or Aquaarhuml Projectsdevelopment or residential subdivision constnrction)
TOTAL CATEGORY 1 ACTIVffIES b. Flood Control Structures(construction,repair,maintenance)
c. Landfills(public&private);creation,maintenance,operation)
Category 2 $250 Per Activity
d. Sand and Gravel Operations (creation, maintenance,
a Construction of Each New SFH(including site preparation, d.
retention/detention basins,utilities,septic systems,roadway/ $250.00 1
driveway except under 10.53(3e);under single NOT) e. Railroad Limes(new or extensions of existing)
b. Parking Lot(my size) f. (Bridges constructs expansion,mauderm='
g or,reconstruction,a ansi
c. Beach Nourishment(placement of sand)
except for a SFH Lot)
d Coastal Activities (pursuant to 10.24(7ac) (including g Alteration of Resource Area to Divert Water(associated with
hazardous waste cleanup, non-exempt mosquito control
electric generating facilities,public utilities,limited projects projects, other purpose not identified elsewhere in this
cult' repair/ maintenance of existing pigs, buildings, schedule)
culverts))
e. Limited Project Activities(in 10.53(d and f-I);Per footprint) h. Dredging Activities in Water Bodies(except associated withnew dock,pier or other structure)
f. Each Driveway Crossing(associated with a SFH pursuant to i. Package Sewage Treatment Plant (construction; discharge
10.53(3e)) from)
g Any Point Source Discharge
TOTAL CATEGORY 4 ACTIVITIES
h. Control of Nuisance Vegetation(undo 10.53(4);except on a
SFH I nt) Category 5 $2/linear ft. ($50min. $1000max)
i. Raising or Lowering Surface Water Levels a. Dodos, Piers, Revetments, Dikes or Other Engineering
Structures (construction, reconstruction, repair, or
j. Any Other Activity not described in Cat. 1,3,4 and 5 replacement;coastal or inland;including placement of rip-rap
or other material)
TOTAL CATEGORY 2 ACTIVIF(ES 5250.00
TOTAL CATEGORY 5 ACTIVILIES
Category 3 $525 Per Activity
e. Site Preparation for Development (except SFH; inducting TOTAL FILING FEE $250.00
removal of vegetation, excavation & grading when actual
construction not proposed under same NOT) Person Calculating Fee Schedule Kim Curtis
Address 235 Newbm ' treet Danvers,MA 01923
Telephone 978 777- 50
Signature Date ,.3�7o Q
NOI lot 4
Categories as in 310 CMR 10.03(7)(c);Fees as in 801 CMR 4.02
#64324 Exhibit D-2
Filing Fee Statement
The applicant proposes to construct a single family dwelling with associated driveway and grading
within buffer zone to bordering vegetated wetland. These activities fall under category 2a of the
Wetlands Protection Act fee schedule. Total fees equal $250 ($137.50 to the City and $112.50 to
the State).
NOI Lot 4
#6432-4
NOTICE OF INTENT FEE TRANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND WATERWAYS
Notice of Intent(NOD Applicant Property Owner
Name Joseph Grenier, Name Joseph Grenier,
Trustee Strong Brook Realty Trust Trustee Strong Brook Realty Trust
Street 339 Cabot Street Street 339 Cabot Street
City/Town Beverly City/town Beverly
State MA Zip Code 01915 State MA Zip Code 01915
Phone Number (978)9274878
Project Location: Street/Lot Number A Portion of 127 Marlborough Road
Tax Map 9,a portion of Lot 270
(Subdivision Lot 4)
City/Town Salem
DEP File Number(if available)
NOI Filing Fee Disputed Fee
Total NOI Filing Fee $250.00 Total Disputed Fee
(as determined in Notice of Insufficient Fee letter
from conservation commission)
Slate Share of Filing Fee $112.50
(1/2 of fee in excess of$25.00)
City/Town Share of Filing Fee $137.50 State Share of Filing Fee
(1/2 of total disputed fee)
City/Town Share of Filing Fee
(1/2 of total disputed fee)
Instructions
1. Send this Fee Transmittal Form with a check or money order, payable to the Commonwealth of Massachusetts,
to the DEP Lock Box at:
Department of Environmental Protection
Box 4062
Boston,MA 02211
2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Commission.
3. Attach a copy of this form and a copy of the DEP check to each of the Notice of Intent forms submitted to the
DEP regional office.
12/10/89 NOI Lot 4
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#6432-3
NOTICE OF INTENT FEE TRANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND WATERWAYS
Notice of Intent(NOI)Applicant Property Owner
Name Strong Brook Realty Trust Name Strong Brook Realty Trust
Joseph Grenier,Trustee Joseph Grenier,Trustee
Street 339 Cabot Street Street 339 Cabot Street
City/Town Beverly City/town Beverly
State MA Zip Code o1915 State MA Zip Code 01915
Phone Number (978)927-4878
Project Location: Street/Lot Number A Portion of 127 Marlborough Road
Tax Map 9,a portion of Lot 270
(Subdivision Lot 3)
City/Town Salem
DEP File Number(if available)
NOI Filing Fee Disputed Fee
Total NOI Filing Fee $250.00 Total Disputed Fee
(as determined in Notice of Insufficient Fee letter
from conservation commission)
State Share of Filing Fee $112.50
(1/2 of fee in excess of$25.00)
City/Town Share of Filing Fee $137.50 State Share of Filing Fee
(1/2 of total disputed fee)
City/Town Share of Filing Fee
(1/2 of total disputed fee)
Instructions
L Send this Fee Transmittal Form with a check or money order, payable to the Commonwealth of Massachusetts,
to the DEP Lock Box at:
Department of Environmental Protection
Box 4062
Boston,MA 02211
2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Commission.
3. Attach a copy of this form and a copy of the DEP check to each of the Notice of Intent forms submitted to the
DEP regional office.
12/10/89 NOI Lot 3
HANCOCK
Environmental Consultants
11235 Newbury Street
# 6432 Route 1 North
Danvers,MA 01923
(508)777-3050
(508)352-7590
May 28, 1998 (508)283-2200
(617)662-9659
Mr. Steve Dibble FAX(508)774-7816
Salem Conservation Commission ❑12 s n,M h street
Bostton,MA 02210
1 Salem Green(City Hall) (617)350-7906
Salem, MA 01970
RE: DEP 64-276 (Revision), DEP 64-275 (addendum)
Dear Sir,
Attached please find revised first and last pages for the above-referenced Notice of Intent. Mr
O'Donnell purchased lot 4 from Strong Brook Realty Trust, (which remains the applicant), and
has authorized me to complete the review process on his behalf.
I also attach Stormwater Management Forms for both lots 3 and 4, in accordance with the
Commission's direction at the last public hearing. I will attend tonight's meeting to discuss in
detail these and other issues relating to the ongoing review process.
I wish to thank you and the Commission for their attention and patience.
Sincerely,
HANCOCK ENVIRONMENTAL CONSULTANTS
J06 Dick
Wetlan
cc: Wayne Lozzi DEP/NERO
Division of Hancock Survey Associates,Inc.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #64324(Revised May 27, 1998)
DEP File No.��y[f , Z 76
(To be provided by DEP)
Form 3
City/Town Salem
Applicant Mr.Joseph Greater
Commonwealth Department of Defense
of Massachusetts United States of America
Notice of Intent
Under the City of Salem Wetlands Protection By-Law,
The Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I: General Information
1. Location: Street Address A portion of 127 Marlborough Road,Salem,MA,01970
Lot Number Tax Map 9,aportion of Lot 270(Subdivision Lot 4)
2. Project: Type Residential Description The applicant proposes to constrict a single family
home,with associated driveway and grading located partially within buffer zone to bordering vegetated
wetland.
3. Registry: County Essex South Current Book 14787 &Page 479
Certificate(if Registered Land) N/A
4. Applicant _Strong Brook Realty Trust,Joseph Gremer Trustee Tel. (978)927-4878
Address 339 Cabot Street,Beverly,MA 01915
5. Property Owner Kevin O'Donnell Tel.
Address 21 Oakland Streets Salem,MA 01970
6, Representative Hancock Environmental Consultants Tel. (978)777-3050
Address 235 Newbury Street Danvers,MA 01923
7. a. Have the Conservation Commissio n and the Department's Regional Office each been sent, by certified
mail or hand deliver,2 copies of completed Notice of Intent,with supporting plans and documents?
Yes N No
b. Has the fee been submitted? Yes® No
c.Total Filing Fee Submitted $250.00
d. City/Town Share of Filing Fee $137.50 State Share of Filing Fee $112.50
(sent to CitytTown) (1/2 of fee in excess of$25,sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? Yes� No❑
4/1/94 310 CMR-411
NOI Lot 4
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6432-4
Part V:Additional Information for a Department of the Army Permit
1. COE Application No.
(to be provided by COE)
2.
(Name of Waterway)
3. Names and Addresses of property owners adjoining your property: See
4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that
would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 81i2"x I I"drawings in planview and cross-section,showing the resource area and the proposed activity within
the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be issued.
Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston,
Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management
Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is
consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public record
through issuance of a public notice. Disclosure of this information is voluntary; however,if necessary information
is not provided,the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,documents and supporting data are true and complete,to the best of my knowledge.
(roe? 2-1 M`i 9t3
Si licant Date
27 M`f 9 E)
Si lure of Applicant' rescmative Date
HAN�G,�Gs�//!Z9/�1Hf9trT11'C C�Scx.'n9t`�3
"Exception to ENG Form 4345 approved by HQUSACE,6 May 1982"
"This document contains a joint Department of the Army and State of
Massachusetts application for a permit to obtain permission to perform
activities in United States Waters. The Office of Management and
Budget(OMB) has approved those questions required by the US Army
Corps of Engineers. OMB Number 0702-0036 and expiration date of 30
September 1983 applies." This statement will be set in 6 point type.
4/1/94 310 CMR-417
N01 Lot 4
r �
# 6432
Stormwater Management Form
This form is intended to ensure that proposed stormwater control designs meet the stormwater management standards
described in the Department of Environmental Protection's Stormwater Management Policy(November 1996). The
Department of Environmental Protection(DEP)recommends that applicants submit this form with the Notice oflntent, as
well as supporting documentation and plans, to provide stormwater information for conservation commission review. If a
particular stormwater management standard cannot be met, information should be provided to demonstrate how adequate
water quality and water quantity protection will be provided by the project. DEP encourages engineers to use this form to
certify that the project meets the stormwater management standards as well as acceptable engineering standards. This form
should be completed by checking the appropriate boxes for each standard and by signing and stamping the back of this form.
Project Location: 127 Marlborough Road, Salem (lot 3 of 7 lots/no new roadway construction)
The proposed projeceis not(circle one)exempt from one or more of the stormwater management standards.
If project is exempt,explain why: No collection and/or discharge of stormwater is proposed
Stormwater runoff volumes to be treated for water quality are based on the following calculations:
(check one that applies)
❑ 1 inch of runoff x total impervious area of post-development site for critical areas(e.g.Outstanding Resource
Waters and shellfish growing areas)
0.5 inches of runoff x total impervious area of post-development site for other resource areas
Roof and drive runoff is not expected to be a source of stormwater which would require treatment. No treatment other
than overland flow through lawn is proposed.
Standard #1: Untreated stormwater See plan Exhibit A
The project is designed so that new stormwater conveyances(outfalls/discharges)do not discharge untreated stormwater
into,or cause erosion to,wetlands or waters. There are no new stormwater conveyances.
Standard #2: Post-development peak discharge rates See plan Exhibit A
❑ Post-development peak discharge rates do not exceed pre-development rates on the site either at the point of discharge
or downgradient property boundary.
❑ N/A:project site contains waters subject to tidal action, so standard is not applicable.
❑ stormwater controls have been designed for the 2-year and 10-year,24-hour storms.
Aff The project's stormwater design will not increase flooding impacts offsite from the 100-year,24-hour storm.
No calculations were performed The addition of minimal rooftop and drive is not expected to increase off-site
flood impacts.
Standard #3: Recharge to groundwater See plan Exhibit A
❑ The annual groundwater recharge for the post-construction site approximates annual recharge from existing site
conditions.
Soil types have been identified according to either the U.S. Natural Resources Conservation Service(NRCS)County
Soils Survey or onsite soil evaluation. Calculations on stormwater flow are based on a soil hydrologic group
of D and total impervious area of waived (square feet).
❑ The annual groundwater recharge for the post-construction site approximates annual recharge from existing site
Conditions. Annual recharge requirements are waived for sites with D soils.
❑ Soil types at each planned point of stormwater runoff infiltration include:
❑ Infiltration Best Management Practices(BMP's)used for this project include
Standard#4: 80% TSS removal See plan Exhibit A
'®\ The proposed stormwater management systems will remove 80%of the post-development site's average annual load of
Total Suspended Solids(TSS).
❑ Infiltration Best Management Practices(BMP's)used for this project include:
Page #6432
Continued response to Standard#4:
Runoff from shingled residential rooftops does not require treatment. Drive runoff is not expected to be a source of
stormwater runoff which would have a significant TSS load,however,treatment is proposed via overland flow through
lawn. This"vegetated"treatment is expected to achieve a 60-80% TSS removal(DEP Stormwater Management
Standards)
a
Page 3 #6432
Standard #5: Higher pote pollutant loads See plan Exhibit A
The project site does does not circle one)contain Land Uses with Higher Potential Pollutant Loads.
If site contains such Ian ribe:
❑ If applicable,.BMW's selected for controlling stormwater in these areas are designed to prevent infiltration of untreated
stormwater and include:
Standard #6: Protection o critical areas See plan Exhibit A
The project site does does no (circle one)contain critical areas with sensitive resources.
If site contains criti 'be:
❑ If applicable,BMP's selected for stonmvater discharges in these areas include:
St dard #7: Red el nt projects See plan Exhibit A
St
proposed activity ' i9 trot circle one)a redevelopment project.
Note: Components o elopment projects which plan to develop previously undeveloped sites do not fall under
the scope of Standard 7.
❑ If the project is a redevelopment project,the following stormwater management standards have been met:
❑ The standards which have not been met include:
❑ The proposed project will reduce the annual pollutant load on the site with new or expanded stormwater controls.
Standard #8: Erosion/sediment control See plan Exhibit A
Erosion and sediment controls are incorporated into the project design to prevent erosion,control sediment
movement,and stabilize exposed soils.
Standard #9: Operation/maintenance plan See plan Exhibit A
❑ An operation and maintenance plan for both construction and post-development stormwater controls has been
developed. The plan includes BMP owner(s);parties responsible for operation and maintenance;schedule for
inspection and maintenance;routine and non-routine maintenance tasks;and provision for appropriate access and
maintenance easements surrounding control(s)and extending to public right-of-way.
The project is a single-family residential development of one lot within a 6-lot subdivision.
Operation and maintenance in this instance consist of usual and normal yardwork as may be
however conditioned by the Conservation Commission
--------------------------------------
I attest under the penalties of perjury that I have personally examined and am
familiar with the information contained in this submittal, including any and all 'Y. OFP ar
documents, accompanying this certification statement; and that I am fully sy
authorized to make this attestation on behalf of the project applicant
340 6
� � v
(S s'0 e)
Print Name Date
HANCOCK
Environmental Consultants
235 Newbury Street
Route 1 North
Danvers,MA 01923
(508)777-3050
(508)352-7590
(508)283-2200
#6432 (617)662-9659
FAX(508)774-7816
. . . .. . . . . ...... . . .
❑12 Farnsworth Street
May 14, 1998 Boston,MA 02210
(617)350-7906
Salem Conservation Commission
c/o Steve Dibble
One Salem Green
Salem, MA 01970
RE: Strong Brook Realty Trust property at 127 Marlborough Road
Dear People;
This is written to facilitate review of the Notices of intent for lots 3 and 4 (DEP File numbers 64-
275 and 64-276, respectively),
The first issue is the line established by the DEP superseding Order of Conditions (DEP 64-233).
I have voiced my reservations concerning the accuracy of that line, and reserve my client's right
to dispute its location by analysis of soils, hydrology and vegetation, in the course of review of
future filings for the remaining lands. However, with respect to the instant filings for lots 3 and 4
the DEP line is reasonably accurate and its location need not be debated.
The proposed activities will not disturb any resource area, and are arguably far less intrusive than
the 14-lot subdivision conditioned under 64-233. I believe we can agree that the substantive
issues are those raised by the Commission at the last hearing; 1)Riverfront Area jurisdiction and
2) the DEP Stormwater Management Policy.
The Riverfront area subtending lots 3 and 4 does not change if the upstream reach of Strongwater
Brook is considered to be a river. As to the matter of subsequent filings for other lots, I must
again reserve my client's right of review based on additional evidence (and possibly case law).
There is already a 200 foot Riparian Zone shown on the plans for lots 3 and 4. The fact is, the
proposed work occurs outside that area and thus is not subject to jurisdiction under that section
of the regulations.
The DEP Stormwater Policy Handbook(March 1997) states that Stormwater Management
Standards apply to the extent practicable to residential subdivisions of five to nine lots. The
wetlands in question are not critical areas, and no collection and discharge of stormwater is
proposed (as the"subdivision" roadway is already in existence) However, it could be argued that
roof or driveway runoff constitutes collection and discharge. To the extent that this is so, the
applicant proposes not to install downspouts and to grade the driveways so that sheet flow will
Division of Hancock Survey Associates,Inc.
occur to areas of upland lawn. Under the circumstances, this seems to be a reasonable effort to
comply with regulations designed for decidedly more extensive developments.
A third question has been raised since the last hearing, concerning the withdrawal of the
superseding order issued by DEP. Possible grandfathering rights that may accrue to the applicant,
(including exemption from the riverfront area provisions), are presently under review. On advice
of counsel, until such time as those issues have been resolved, the applicant reserves his right to
the superseding order as issued.
I appreciate the Commission's concerns that many issues seem to be"up in the air". I submit,
however, that the Notices of Intent presently before the Commission are quite simple filings with
arguably lesser impacts than the contemplated (and permitted) subdivision. The applicant has
been asked to offer up the one binding commitment he possesses as well as to reopen the
determination of applicability rendered last year with regard to riverfront jurisdiction. Relying
upon that determination, the applicant purchased land that accommodates six, possibly seven
building lots. It seems that DEP policy and the Commission hold all the cards. If an Order of
conditions approving the development of lots 3 and 4 cannot be issued, I hereby request a
continuance be granted pending presentation of further evidence.
Sincerely,
HANCOCK ENVIRONMENTAL CONSULTANTS
John Dick, PLS
Wetland Scientist
cc: R. Freed/client/file