The URL can be used to link to this page

64-597 - 186-192 MARLBOROUGH ROAD - CONSERVATION COMMISSION Lniversal, www.myuniversalop.com phone:1-866-756-4676 UNV12113 f �� I IIIII IIIIIIII IIIII IIIIIIII SO,ESSEX #45 Bk;35412 Pg;444 11/25/2016 09:42 COMPLI Pg 113 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-597 Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Brian Boches - only the tab key Name to move your 19 ReZZa Road cursor-do not Mailing Address use the return MA 01915 key. Beverly Cityfrown State Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Henrie Realty Trust, Stephen Gagnon,Trustee a"1a Name 7/15/2015 64-597 Dated DEP File Number 3. The project site is located at: 186-192 Marlborough Road Salem Street Address Cityrrown 10 32 Assessors Map/Plat Number Paroel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) South Essex 34751 308 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/14/2016 Date wpafrm8b.0oc•rev.5129/14 WPA Form 8e,Certificate of compliance•Page 1 of 3 4#- iy! r CITY OF SALEM N Dv� CONSERVATION COMMISSION November 18, 2016 Brian Boches 19 Rezza Road Beverly, MA 01915 Re: Certificate of Compliance for 186-192 Marlborough Rd.—DEP#64-597 Dear Mr. Boches: Enclosed,please find the certificate of compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the certificate, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any fitrther questions please feel free to contact me at 978-619-5685. Sincerely, To(n Devine Conservation Agent Enclosure CC: DEP Northeast Regional Office Stephen Gagnon 1 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-597 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Brian Boches only the tab key Name to move your 19 ReZZa Road cursor-do not use the return Mailing Address key. Beverly MA 01915 City/rown State Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Henrie Realty Trust Stephen Gagnon, Trustee M1b0 Name 7/15/2015 64-597 Dated DEP File Number 3. The project site is located at: 186-192 Marlborough Road Salem Street Address City/Town 10 32 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) South Essex 34751 308 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/14/2016 Date w afmd3b.doc•rev.5/29114 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-597 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem do Conservation Commission We of I bane This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See hftp://www.mass.gov/eea/agencies/massdep/about/contacts/). Signal a wpafrm8b.doc•rev.5129/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 I i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 54-597 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providedbyDEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: -------------------------------------------------------------------------------------------------- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b aoc•rev.5/29/14 WPA Form 8B,Cenifiwte of Compliance•Page 3 of 3 14 BROWN STREET . SALEM,MA 01978 TEL: (978)744-480C North Shore Survey', TEL: (978)281-8664 Corporation FAX: (978)744-9188 REGISTERED PROFESSIONAL LAND SURVEYORS November 8, 2016 Conservation Commission City of Salem 93 Washington St. Salem, MA 01970 RE: Request for Certificate of Compliance 186-192 Marlborough Rd. DEP File#647-597 Dear Commission Members: Our firm has prepared an as built plot plan for the above referenced property and find that it was built in substantial compliance as shown on the "Proposed Site Plan, Showing Proposed Work to Accompany a Notice of Intent Application for the Demolition of an existing single-family house &the Construction of a new single-family house (including re-locating a drain line) located at: #186-192 Marlborough Road, Salem, Massachusetts, Date: July 1, 2015, Patrowicz Land Development Engineering" except as follows: • The house footprint of#190 was built 350 sq. ft. smaller than proposed. • The pavement at 4190 was reduced by 127 sq. ft. • The proposed walkway and nearby stone wall for#190 were not built. • The roof drains for#190 connect directly to the drain pipe and not into the swale as designed. • The swale on#192 was not built though the ground is graded to drain into the wetland at the rear of the property. • A 308 sq. ft. patio of concrete pavers was added to the back of the house. Regards, Gail L. Smith Professional Land Surveyor Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out , 1. This request is being made by: forms on the ( �' t &dweg S computer,use Name RAJ I only the tab key to move your cursor- Mailing Address do not use the ex)2:Y It,. (Y� J return key. Cityrrownq State Zip Code —I �s e �. ' ��i 0� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Sft,0pv-) Applicant -1 5110� 5 Dated DEP File Number Upon completion of the work 3. The project site is located at: {� authorized in I(bj noCl oro�1c� Conditionss,,the ki an Order v Street Address Ci y/Town A2�l property owner IQ •3o), must request a Assessors Map/Plat Number Parce/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: I Compliance c� g ry from the issuing J 'ey pV) &0,3 y1 C)n authority stating Property Owner(if different)J that the work or c� F S 5>e 3 7 j 1 3� portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpafo m8a.doc--rev.5129/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an DOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see http://www mass gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional office for-you r-city-or-town.htm I). "afarm9a.doc••rev.5129/14 Page 2 of 2 Ni CITY OF SALEM CONSERVATION COMMISSION July 15, 2015 William J. Manuell Wetlands & Land Management, Inc. 100 Conifer Hill Drive— Suite 516 Danvers, MA 01923 Re: Order of Conditions—DEP #64-597-186 to 192 Marlborough Road Dear Mr. Manuell Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-597 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent Enclosures CC: DEP Northeast Regional Office Steven Gagnon i Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information Please note: Salem this form has 1. From:been modified Conservation Commission with added 2. This issuance is for space to a.®Order of Conditions b. ❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Steven Gagnon, Trustee a.First Name b. Last Name Important:When filling Henrie Realty Trust out forms on c.Organization the PO Box 431 computer, d.Mailing Address use only the tab key to Topsfield MA 01983 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a. First Name b. Last Name c.Organization rcnsn d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 186-192 Marlborough Road Salem a.Street Address b.City/Town 10 32 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known d m s m s _ d. Latitude e.Longitt ude wpaform5 doc• rev.6/16/2015 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex South a.County b.Certificate Number(if registered land) 15352 315 c. Book d. Page 7. Dates: 6/25/2015 7/9/2015 7/15/2015 a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See attached a.Plan Title b.Prepared By c.Signed and Stamped by d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessaryin ac cordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5 doe- w.6/16/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-597 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank - a. linearfeet b. linear feet c.linear feet d. linearfeet 5. ® Bordering 20 +/- 20+/- Vegetated Wetland a.square feet b.square feet, c.square feet d.square feet 6. ❑ Land Under Waterbodies and a. b.square feet square feet c.square feet d.square feet Waterways W.Gy dredged f.dy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.6/16/2015 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.ay dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c. nourishment d.nourishment cu yd cu yd 14. Ela.Coastal Dunes square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 1s. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 19. ❑ Land Under Salt a. Ponds square feet b.square feet c.e8r dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.cty dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet T.square feet i.square feet wpeform5.doc- rev.6/1612015 Page 4 of 12 f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown B. Findings (cont.) *#23. If the 23. ❑ Restoration/Enhancement project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland 24 ❑ Stream Crossin s resource area g( )' in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modifythis Order. g y amount here. 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, bylaws, 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, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(1). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 7/15/2018 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. vvpaform5.dcc• rev.611 512 01 5 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10, A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 64-597 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpafarm5.doc• rev.61162015 Page 6 of 12 d Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the 'Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpafcrm5.Ccc• rev.611 612 01 5 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaforrr&doc• rev.6/16/2015 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): NA 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safe or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpafarm5.doc• rev.6/1&2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-597 f WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c. 50 1.Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaform5 dac• rev.6/162015 Page 10 of 12 l Massachusetts Department of Environmental Protection Provided by MassDEP: El Bureau of Resource Protection -Wetlandsra DEeWPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# sQ�nolk City[Town E. Signatures Important:When This Order is valid for three years, unless othenvise specified as a special l filling out forms condition pursuant to General Conditions#4, from the date of issuance. VDateAf Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers cursor-do not use the return The Order must be mailed by certified mail(return receipt requested) or hand delivered to key. the applicant.A copy must be mailed, hand delivered or filed electronically at the same time AF—►1 with the appropriate MassDEP Re Y w ional Office. � Signatures: (rz�� mva ❑Tyhaknd delivery on by certified mail, return receipt requested, on l� Date Date F. 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 MassDEP Regional Office to issue a Superseding Order of Conditions. 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 providing written information to the Department prior to issuance of a Superseding Order. 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 ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpa5slgs.doc• rev.0 212 5/2 01 0 PagelL Of Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-597 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP 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 wpaform5.doc" rev.6/1612015 Page 12 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b.Cityffown,Zip c.Check number d. Fee amount Important:When filling 2 Person or party making request(if appropriate, name the citizen grou s representative): out forms on the computer, Name use only the tab key to Mailing Address move your Cursor-do Cilyrrown State Zip Code not use the return key. Phone Number Fax Number(if applicable) VQ 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): a�a Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 w aformSAoc• rev.4/22/2015 Page 7 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 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 (see htto://www.mass.gov/eea/agencies/massdep/about/contacts/). 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. wpaform5.doc• rev.4/22f2015 Page 2 of 2 Attachment to Order of Conditions # 64-597 € Page 1 of 5 ATTACHMENT TO ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-597 186-192 Marlborough Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (7/2/2015, online) from Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any vernal pools. This Order permits the demolition of an existing residential structure,construction of a new residential structure and appurtenances,and relocation of an underground drain line per June 23,2015 Notice of Intent, approved plans listed below,and these conditions. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (including all 5 pages of this document) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. All work shall be performed in accordance with this Order of Conditions and approved site lan s . No 3. A o p pP P ( ) alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site,a DEP Sign showing DEP File#64-597 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers P gn g g to act on its behalf in administeringand enforcing this Order. g 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. t Attachment to Order of Conditions # 64-597 Page 2 of 5 8. The term"Applicant' as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 star. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans PROPOSED SITE PLAN, SHOWING PROPOSED WORK TO ACCOMPANY A NOTICE OF INTENT APPLICATION for the Demolition of an existing single-family house &the Construction of a new single-family house (including re-locating a drain line) located at: #186- 192 Marlborough Road, Salem, Massachusetts (Title) 7/1/2015 (Dated) Scott Ian Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On file with) y Attachment to Order of Conditions # 64-597 Page 3 of 5 k�. . 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. [Reserved]. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978)619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project;the Commission or its Agent may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. t Attachment to Order of Conditions # 64-597 Page 4 of 5 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through straw bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty (30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer than two(2)months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not he washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21 A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). Attachment to Order of Conditions # 64-597 , € Page 5 of 5 `�W (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 43. Three wetland markers shall be placed between the rear of the new house and the wetlands. The location of the markers shall be approved by the Conservation Agent.Markers shall be supplied by the Conservation Commission;or, if supplied by the applicant,markers shall be approved by the Conservation Agent. 44. To the maximum extent practicable,the relocated drain line shall be at least 10 feet from the building foundation,with bends. PERPETUAL CONDITIONS 45. [Reserved] Notice of Intent Application Wetlands Protection Act and Salem Wetlands Ordinance 186-192 Marlborough Road Salem, MA June 2015 Wetlands & Land Management, Inc. 100 Conifer Hill Drive-Suite 516 Danvers, MA 01923 Wetlands & band Management Inc. 100CoiuferHill Drive-#516 Danvers,MA 01923 978-777-0001 Telephone 978-539-0005 FAX June 23, 2015 Tom Devine Conservation Agent Department of Planning and Community Development 120 Washington Street Salem, MA 01970 RE: Notice of Intent for 186 to 192 Marlborough Road House reconstruction and move a drain line Dear Mr. Devine and Conservation Commission Members: The applicant and Trustee for the owner desires to remove an existing dwelling on the lot and replace the dwelling with a new residential structure. The work also includes relocating an interfering underground drain line to facilitate the new construction. The parcel has three residential buildings on the lot. The middle building has decayed to the point where it is easier to start new rather than try to rehabilitate the structure. The project will be to demolish the existing home—relocate the drain line and then re-build the home. The work occurs within the existing lawn area of the property although a few larger trees that overhang the present and proposed structure(and contributed to the rot and decay)will be removed. The inlet of the existing drain is directly at the wetland edge. All effort will be made to avoid any wetland impact but it is likely that a small amount of temporary impact will occur when the old pipe inlet is removed and the new inlet is installed. All impacts will be restored in place. The owner is anxious to begin the construction process. We ask that you schedule this matter for your July 9, 2015 meeting. I-will attend to discuss the project. Sincerely, Wetlands & Land Management, Inc. William J. Manuell Wetland Scientist IL f Locus Map Source: United States Geological Survey NTE H O N y � Gaya o m �' Ce ;�5 k SCALE: 1:25,000 a Wetlands & Land Management, Inc. 100 Conifer Hill Drive -#516 Danvers,MA 01923 978-777-0004 City of Salem, MA 6/22/2015 Interactive Map SOTTO PFABODY N ,,. wY 1.•�.S ; y +44 �t 'C*f dF r ;{ fl "` �' � 1`f f I g. • F feet 4 9 f s� F Property Information Property]D 10_0032_0 19 Location 0 MARLBOROUGH ROAD MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Because of different update schedules,current property assessments may not reflect recent changes to property boundaries.Check with the Board of Assessors to confirm lwund cries used at time of assessmem. L_ Notice of Intent Application (WFA Form 3) Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 salem Salem Wetlands By-law City/Town Important: A. General Information When filling out forms on the computer,use 1. Project Location (Note: electronic filers will dick on button to locate project site): only the tab key to move your 186-192 Marlborough Road Salem 01970 cursor-do not a.Sheet Address b.City/Town G.Zip Code use the return key' Latitude and Longitude: 42.5145 70.9264 d. Latitude e.Longitude VttA 10 32 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Steven Gagnon, Tr a. First Name b. Last Name Note: Hende RT Before c.Organization completing this PO Box 431 form consult your local d.Street Address Conservation Topsfield MA 01983 Commission e.City(rown f.State g.Zip Code regarding any 978-852-6142 municipal bylaw or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner SAME xs' a.First Name b.Last Name ;s c.Organization 14 d.Street Address e.City/Town f.State g.Zip Code h.Phone Number L Fax Number j.Email address 4. Representative (if any): William Manuell a.First Name b. Last Name Wetlands& Land Management, Inc. c.Company 100 Conifer Hill Drive#516 d.Street Address Danvers MA 01923 e.Citylrown f.State g.Zip Code 978-777-0004 978-539-0005 bill@wetlandslm.com h. Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.Cfty/Town Fee Paid Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Salem Wetlands By-law City/Town A. General Information (continued) 6. General Project Description: Remove ebsting house and construct a new dwelling in buffer zone. 7a. Project Type Checklist: 1. ® Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex South a.County b.Certificate#(if registered land) 15352 315 c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable,go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any) Resource Areas, please attach a narrative a. ❑ Bank 1.linear feet 2.linear feet explaining how b. ® Bordering Vegetated 20+/--temporary at pipe inlet 20—restore in place the resource area was Wetland 1.square feet 2.square feet delineated. c ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP rile Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem citylrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont°d) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1,square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) 2.Width of Riverfront Area (check one): ❑ 25 ft.- Designated Densely Developed Areas only ❑ 100 ft.- New agricultural projects only ❑ 200 ft.-All other projects s. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No e.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt b. ❑ Land Under the Ocean 1 square feet page)wfth all supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores - 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged I. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land.Under the. Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species ActJWetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to hftp://mai)s.massois.state.ma.us/PRI EST HAB/viewer.htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 2008 1 Rabbit Hill Road b.Date of map Westborough, MA 015813336 I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown C. Other Applicable Standards and Requirements (cont°d) If yes,the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section CA.C, and include requested materials with this Notice of Intent (NOI); OR complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**" (a)❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at htt p://www.m ass.gov/eea/agencies/dfq/dfw/natural-h a ritaq a/reg u l story-review/mass- endangered-species-act-mesa/mesa-fee-schedule.htm0. Make check payable to "Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d)❑ vegetation cover type map of site (a)❑ Project plans showing Priority&Estimated Habitat boundaries d. OR Check One of the Following 1.❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/eea/agencies/dfq/dfw/laws-regulations/cmr/321-cmr-1000- massachusetts-endangered-species-act.html#10.14;the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b. Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see hfp:/A,vww.mass.gov/eea/agencies/dfq/dfw/natural-herftage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented(321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. Massachusetts Department of Environmental Protection prodded by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number (�\ WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take"determination or valid Conservation &Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b.❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island, and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1.❑ Applying for Low Impact Development(LID)site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.® No. Check why the project is exempt: 1.0 Single-family house Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sa emmentTransaction Number City/Town C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. 0 Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. Construction Plan a.Plan Title Patrowicz Land Development Engineering Scott Patrowicz, PE b. Prepared By c.Signed and Stamped by See Plans 10 d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. s. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. &. ® Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Report, if needed. i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town E. Fees i. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city,town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 14879 6-22-15 2.Municipal Check Number 3.Check date 14880 6-22-15 4.State Check Number 5.Check date Henry Gagnon 6.Payor name on check:First Name 7.Payor name on check:Last Name F. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail(return receipt requested)to all abutters within 100 feet of the property line of the project location. 1.Signature of 2.Date �j 3.Signature of Owner(if different) 4.Date p if JJ— 5.@nature of Representative(if any) 6.Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3),including supporting plans and documents,two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment,to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MaSSDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Notice of Intent Fee Transmittal Form (WPA Appendix s) Massachusetts Department of Environmental Protection L7Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Location of Project: computer,use only the tab key 186-192 Marlborough Street Salem to move your a.Street Address b.Cityliown cursor-do not 14880 $237.50 use the return key. c.Check number d.Fee amount 2. Applicant Mailing Address: Steven Gagnon, a.First Name b. Last Name Henrie RT c.Organization PO Box 431 d.Mailing Address Tiosfield MA 01983 e.City/Town f.State g.Zip Code 978-852-6142 h.Phone Number i.Fax Number j.Email Address 3. Property Owner(if different): SAME a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code h.Phone Number i.Fax Number j.Email Address To calculate B. Fees filing fees,refer to the category Fee should be calculated using the following process&worksheet. Please see Instructions before fee list and g g examples in the filling out worksheet instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/11ndividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step Wotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments:To calculate the state share of the fee;divide the total fee in half and subtract$12.50.To calculate the city/town share of the fee, divide the total fee in half and add$12.50. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step Mumber Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee New Home - Cat. 2a one $500.00 $500.00 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: $500.00 a.Total Fee from Step 5 State share of filing Fee: $237.50 b. 1/2 Total Fee less$12. 00 City/Town share of filling Fee: 262.50 c. 112 Total Fee plus$12 50 C. Submittal Requirements a.) Complete pages i and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form, and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent, a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) INVESTMENT REAL ESTATE �BaDk t "',u P.O.BOX 431 TOPSFIELD,MA 01983 51J218-2211 PAY TOTHE DATE AMOUNT ORDER OF #ACT VOID AFTER 120 DAYS -� - AUTHORRED SIGNATURE 1"01487gn■ 1: 2211721861:~ 28000 3 5 9 3 50■' w� 14880... HENRYT. GAGNON P/g ited INVESTMENT REAL ESTATE "'I P.O.BOX 431 51-7218-2211 TOPSFIELD,MA 01983 I PA�a,_..',� t3�r--��:,4c::�j "�`�° `i�' ..� `�s>r"a13cm.:; :�-�j � '�' - 3'�"�• f TOTHE _ DATE AMOUNT _ ORDEROF ��✓.ti."rW"t :".a.» ij as `xn'^ +,,1: -G+„� 1 I'-' VOID AFTER 120 DAYS ry b AUTHORIZED SIGNATURE II■0148801I■ i: 221172186 280003593511■ Abutter Information CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act &the City of Salem Wetlands Protection Ordinance A Public Hearing will be held at the City Hall Annex 120 Washington Street, Salem, MA 01970 at: 6:30 pm on July 9, 2015 To consider a Notice of Intent to remove and re-build an existing structure on the lot. Of Henrie Realty Trust For the property located at 186-192 Marlborough RoadL Mau 10,Lot 32 The Notice proposes removing an existing dwelling on the site and re-building a new home. The work will include re-locating an existing drainage pipe to avoid the new structure This is a joint hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the Salem Wetlands Protection Ordinance and Regulations. Plans are available at the Department of Planning and Community Development at the City Hall Annex 120 Washington Street Salem, MA from 8 am- 4 pm Monday — Wednesday, 8 am -7 pm on Thursday, and 8 am- 12 pm on Friday. For information call the Conservation Agent at 978-619-5685. Note: Notice of the public hearing, including its date,time and place, will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing, including its date,time,place,will be posted on the Public Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance. Note: You also may contact the Salem Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP call: Central Region: (508)792-7650 Northeast Region: (978)694-3200 Southeast Region: (508)946-2714 Western Region: (413)784-1100 CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 186-192 Marlborough Road 110_0032_01 DATE: 6/8/2015 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are"abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a)) to the parcel(s) of land listed above as the project site. Assessor's Signature: Date: G " 01 - Z- b 1 Number of initialed pages attached: I Once Certified, Return to: Tom Devine, Department of Planning and Community Development Salem Web GIS- Map Page http://host.appgeo.com/salenuna/Map.asr k.4 �` 9 1 . g Wedrom tiu G:ty o torn, assachuS �~ rz :, — icmtxrr ,lsry y � -, New Property Search I a Property ID 10_01 230 feet ° o N I Address 190 P a o Als Owner HENF r Property ID 10_0240_0 v q !y Address 45 CALUME FEABODY Owner CALVANI RI --v Property ID 10_0241_0 ri Address 47 CALUME SU7r0h!. Owner MIASKIEWI t� r Property ID 10_0016_0 Address 181 MARLE a ;tj Owner MILO FRAP s Property ID 10_0034_0 4 Address 182 MARLE o Owner MULLEN JE Property ID 10_0033_0 Search l � za Q kcKap „ Distance 100 ft F C Mailing Labels_ Fyn ❑+ nvvLJu av�� `© Q � �?�- ® Scale v = 230 ft Salem City Hall 93 Washington Street, Salem, MA 01970 Phone: 978-745-9595 City Hall Hours of Operation: Monday,Tuesday&Wednesday 8AM-4PM Thursday 8AM-7PM Site designed by AppGeo. 1 of 1 6/8/2015 12:10 PN 10_0240_0 -)34Cl 1 0035 0 ( , 1 FORREST HUGH G 45 CALUMET ST I8 ROCKDALE AVE SALEM,MA 01970 SALEM,MA 01970 I 1 10_0241_0 10_0027_0 MIASKIEW ICZ THOMAS M HOWARD MARTHA , 47 CALUMET ST PO BOX 47 ' SALEM,MA 01970 GROVELAND,MA 01834 10_0016_0 10_0026_0 MILO FRANK 1 HOWARD"�V' - 181 MARLBORO ROAD PO BOX 47 SALEM,MA 01970 GROVELAND,MA 01834 i 10_0034_0 10_0029_0 MULLEN JENNIFER LEBLANC ROGER H 182 MARLBOROUGH RD 6 SUTTON TERRACE SALEM,MA 01970 SALEM,MAc011970 10_0028_0 /w kelly dt �o �slu MAILO W ILLIAM J DONNA FAMILY TRUST THE 184 MARLBOROUGH ROAD IW4M T SALEM,MA 01970 BC*EF&VF9A@U"5 15ui}0"" �errmce Sq I fit, ✓Yl O 1c1-1 D -- I o_0018_0 MACIONE DOUGLAS P 185 MARLBOROUGH RD SALEM,MA 01970 10_0032_0 HENRIE REALTY TRUST PO BOX 431 TOPSFIELD,MA 01983 10 0031 0 BERNARL HENRY L 1R ;L,M,MA 1117GH RD SALEM,MA 01970 1000370 WINTER DAVID G 14 ROCKDALE AVE SALEM,MA 01970 F - ---- _-} - ___ -- ------- 10_0036_0 � j FARBER SYDNEY M 16 ROCKDALE AVE i SALEM,MA 01970 i John Donahue Philip Howard Henry Benard 45 Calmet St PO Box 47 194 Marlborough Road Salem, MA 01970 Salem, MA 01970 Salem, MA 01970 Donna Family Trust c/o Kelly Orlowski 8 Sutton Terrace Salem, MA 01970 i Abutters in Peabody—100 feet Across Marlborough Road Name Address City State Zip Code Charles Hinchey 8 Summit Ave Salem MA 01970 Andree Dickenson Wayne & Deborah McCauley 1 South Street Peabody MA 01960 Paul & Daniel Macione 51 Newcastle Road Peabody MA 01960 The Macione South Street Trust Attachment A Project Description Project Description Discussion of Proposed Conditions and Wetland Resource Areas 186 to 192 Marlborough Road, Salem Introduction This project involves the demolition of the existing cottage style dwelling and construction of a new residential home at the property known as 186 to 192 Marlborough Road. The work will also include relocating an existing subsurface drain that interferes with the new dwelling location. Site work for the dwelling reconstruction will occur in the buffer zone to bordering vegetated wetlands. The drain re-location work may impact a small amount of wetlands but this impact will be mitigated in place with no loss of wetlands. The overall site is 1.3 acres although roughly half of the lot is wooded and encumbered by the wetlands. The parcel is developed with three the existing homes, a central driveway to serve all three buildings, utilities and casual "woodsy style" landscaping. The middle home of the three buildings on the lot will be demolished and re-built. Marlborough Road provides road frontage at the front of the lot. Other residential homes bordering on Sutton Terrace and Rockdale Avenue abut the property to the left and right. The rear of the lot is generally wooded and encumbered by vegetated wetlands. The new dwelling will be a stick-built structure after the old dwelling is removed. An existing drain will be re-located out of the way of the new building. With this done, a new foundation and slab are poured and the new building is constructed on the foundation. The new home is located over the old home site. Once constructed, site contractors will adjust the grading around the house and yard. Bordering Vegetated Wetlands The limits of the wetlands were delineated by Wetlands and Land Management Inc. in fall 2014. We recently returned to the site to review the wetland flagging and refresh any lost or faded flags. The wetlands affecting this parcel are identified in the field by consecutively numbered blue surveyors flagging labeled Al-A31. Wetlands were delineated in accordance with local, Federal and State criteria for delineating jurisdictional wetlands using methodology established in the 1987 Army 2 Corps of Engineers Wetland Delineation Manual, and methodology outlined in the Mass. DEP manual "Delineating Bordering Vegetated Wetlands" (1995). These methods incorporate the evaluation of hydric soils, predominance of wetland vegetation and evidence of wetland hydrology The topography in this area is such that the rear portion of this lot is the lowest area of the surrounding neighborhood. Wetlands are located in the topographically lower portion of the site. Excess surface water eventually flows into an old culvert which is connected to the municipal drainage in Marlborough Road. In the field, the flagging begins toward the rear of the lot. The initial flagging—Al to Al2 follow along the bottom of a steep slope behind the homes on Rockdale Avenue, making the wetland determination fairly easy. From Al2, the boundary trends toward the central part of this parcel, eventually turns across the interior of the lot and then turns again to the rear, along the rear yards of the lots on Sutton Terrace. Flag A21 is located at the existing culvert where surface water enters and flows to the street drainage system. Presently, this inlet is mostly below ground and the property owner has attempted to prevent clogging by installing a wire cage over the pipe inlet opening. Dominant wetland vegetation included red maple and American elm trees, arrowwood shrubs and various common herbaceous species such as sensitive fern,jewelweed and cinnamon fern. Upland plants along the wetland margin included Norway maple and multiflora rose. Rare Species A review of the 2008 edition of the Massachusetts Natural Heritage Atlas indicates there are no certified vernal pools or rare wetlands habitat on the project site. Proposed Work The proposed project involves the demolition of the existing cottage and the construction of the new dwelling on the site. The work will occur in buffer zone to bordering, vegetated wetlands. Re-location of the existing drain will occur in buffer zone and will likely have a temporary impact where the drain inlet is located directly at the edge of the wetland line. We estimate the extent of the impact may be 20 square feet or so, related to removing the existing pipe and installing a new pipe inlet. This equates to an area roughly four feet by five feet around the pipe inlet and all impacts will be restored in place. The initial phase of the project will be to install the siltation controls as shown on the project plans and commence demolition. The erosion controls are intended to signify the permissible work limits allowed for demolition machinery and construction activities. Demolition will be performed in a controlled manner, working from the street side of the existing home with debris being loaded into roll-off containers for removal from the site. 3 Access will be via the existing drive. Refuse dumpsters will be staged in the existing drive for easy loading, roll-off and pickup. Once demolition is completed, the site work and construction will begin. With the dwelling removed, the contractor will re-locate the existing drain pipe. The contractor will angle the new pipe such that it goes around the new structure. A new man hole will facilitate the change in direction of the new pipe. A second man hole will be added at the front of the lot to tie the proposed pipe into the existing pipe. All this work requires excavation to install the man hole and piping. The contractor will initially set the new man holes and then install the runs of drain line. The contractor will likely need to dewater during this process. Dewatering discharge will be directed to a dewatering "corrar' to retain any sediment within the corral before it discharges to the adjacent wetland. The existing pipe inlet is located directly at the edge of wetlands. 'We are assuming that a small area of wetland impact is unavoidable during this process. We figure an area of 20 square feet immediately around the existing pipe inlet. The new pipe inlet will be set at the exact elevation as the existing pipe, thereby not altering the hydrology of the adjacent wetlands. Any disturbed areas will be raked out and restored to match the adjacent grades and then seeded with a wetland seed mix. With the drain work done, the next sequence is to construct the house. The new home location is essentially over the old home location although the two house footprints do vary slightly. The new dwelling will require a poured foundation and a new slab floor. There is no full basement for this house. Forms are set up and the footings and walls are poured with concrete. After a short period to allow for the concrete to cure,the forms are stripped off and walls are backfilled. Any excess material will be incorporated into the site grading. Lumber for the house construction will be dropped adjacent to the house, in the front yard or in the driveway. The lumber is generally carried around the site by construction personnel to where needed. A dumpster will be on site for rubbish control during the construction phase as well. New underground utilities will be installed in the locations depicted on the site plan. Trenches will be excavated and the utility lines will be installed. Following the utility installation the trenches will be backfilled and the area will be stabilized. Once the dwelling is complete, final site landscaping will occur. The overall grade around the house will be raised by roughly two feet. The contractor will set a line of boulders along the wetland boundary; install filter fabric along the inboard side and then backfill with clean earth. The backfilled area will be top dressed with loam and seeded to create a lawn. 4 No underground storm water control structures or infiltration structures are proposed due to the shallow depth to groundwater. Instead, runoff from the roof and driveway will be directed to vegetated areas to allow for maximum overland travel and potential infiltration into the buffer zone soils. Avoidance of Permanent Impacts to Bordering Vegetated Wetlands Erosion controls will be installed between the work area and adjacent resource area. This will prevent sediment migration beyond the work area and provide a visual reminder of the work area limits. Any alteration resulting from the new drain work will be restored in place and seeded with a wetland seed mix. Construction Sequencing Construction sequencing and logistical planning are important in preventing excessive erosion on site during or after construction. The following is a general sequence of construction to be followed in order to keep erosion and surface flow over exposed soil to a minimum. Construction Sequence ` 1. Perform pre-construction requirements such as record the order of conditions, post the required signage and attend a pre-construction meeting with the agent. 2. Install erosion controls. 3. Remove any interfering trees or vegetation and remove from the site. 4. Deliver dumpster to the site and perform demolition of the existing house. 5. Re-locate drain line. Establish dewatering discharge area prior to excavation. 6. Pour footings and foundation. 7. Construct the dwelling. 8. Install boulder wall along the edge of grading. Backfill the site and bring to final grade. 9. Install paved driveway. 10. Fine grade the site—shape in swales and infiltration areas. 11. Restore all disturbed areas with loam and seed.