64-506 - 1 MARTIN LANE - CONSERVATION COMMISSION 1 Mattin Ln. lot 211
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J!, ,O �R CITY OF SALEM
�AMmg CONSERVATION COMMISSION
December 17, 201?
Jeffrey Halloran
100 Cabot Street
Beverly, MA 01915
Re: Certificates of Compliance for DEP #64-504 (3 Martin Lane), #64-505 (4
Martin Lane), and #64-506 (2 Martin Lane)
Determination of Applicability for 6 Martin Lane
Dear Mr. Halloran:
Enclosed, please find the certificates of compliance for 2, 3, and 4 Martin Lane. These
documents must be recorded at the Essex County Registry of Deeds. Please till out
and return the Recording Information on page 3 of each certificate, which will indicate to
the Salem Conservation Commission that the documents have been recorded.
Please also find the enclosed determination of applicability for 6 Martin Lane for your
file. Because this determination is issued for work that has already been completed, no
further action is needed.
1f you have any further questions please feel free to contact me at 978-619-5685.
Sincerely,
Tom Devine
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Eastern Land Survey Associates
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40
A. General Information
Important:
When fining out From:
forms on the Salem
computer, use ------- - --- -- --- ------------ ------
only the tab -conservation Commission
key to move To: Applicant Property Owner (if different from applicant)
your cursor -
do not use the Jeffrey Halloran
return key. Name Name
100 Cabot Street
faD Mailing Address Mailing Address
N Beverly MA _01915 City/Town State Zip Code City/Town _State Zip Code
rYV/I .�pi P
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
As-Built/Certificate of Compliance Plan of Land 12/3/2012
Title Dale
Title -. - --- -Date-- --- -
Title __._ __ _—_ - — Date
2, Date Request Filed:
12/3/2012
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Grading and stabilization of approximately 260 square feet within the outer buffer zone to a wetland
resource area.
Project Location:
6 Martin Lane Salem
Street Address - City/Town
9 30 (partial)
Assessors Map/Plat Number Parcel/Lot Number
wpalorm2.doc-nelerr i W lion of Applicability-rev.1016104
Page 1 0!5
ElMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination -
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plants) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plants) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.00c•Determination of Applicability•rev.10/6104 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
71
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.tloc•Determination of Applicability•rev.1016104 Page 3 of 5
Massachusetts Department of Environmental Protection
Sir Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions) -
6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality --
Pursuant to a municipal wetlands ordinance or bylaw.
Name - Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
Date Date /
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/reciion.findyour.htm) and the
property owner (if different from the applicant).
�_ ' \ V (")-
Date
vvpalorm2.boc Delemmiation of Appllcabilily•rev.1016104 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
IL L- 1Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office (see hltp://www.mass.gov/dep/about/region.findvour.htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2 Aoc-Dearminali on of Applicability-rev 1016104 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1, Person or party making request (if appropriate, name the citizen group's representative):
forms on the
computer, use -. ---- -
only the tab Name
key to moveyour cursor- Mailing Address
do not use the
return key . . _ .. -- ----_-__--_---
City/Town State Zip Code
r'h Phone Number Fax Number(if applicable)
-' Project Location
Mailing Address _ ------ -- -
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
CitylTown State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2 doc-Request for Departmental Action Fee Transmittal Form-rev.1016c4 Page 1 of 2
7LE11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
11 Request for Departmental Action Fee Transmittal Form
1, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass.gov/dep/about/region/findvour htm).
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.
wpaform2.doc Request for Departmental Action Fee Transmittal Farm•rev.1016/04 Page 2 of 2
Massachusetts Department of Environmental Protection
`r< Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
64-504
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 p'rovided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Jeffrey Halloran
only the tab key Name
to move your 100 Cabot Street
cursor-do not
use the return Mailing Address
key. Beverly __ MA 01915
City/Town Stale Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Kenneth Steadman
rean� e Name—._.____ - - -
9/23/2010 64-504
Dated DEP File Number
3. The project site is located at:
3 Martin Lane Salem_
Street Address City/Town
14- - -- - --- 30 Partial)--- --
Assessors N1aplPlat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Kenneth Steadman
Property Owner(if different)
Essex South
County Book Page
518045
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11/28/2012
Date
wpalrrn8b.are•ie,12,23,09 WPA Form 88,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
� 64-504
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prewded by oEP
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:
C-on— -- -- — -- ----
serva lon COmniission Dat of I nuance
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
http://www.mass.gov/dep/abOLIt/region/findyour.htm),
Signatures:
wpafrm6b doc rev.12/23209 VVPA Form ee.Cerlificale of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number,
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa_eoa
t1 _rov Pided by DEP-
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 -
wpalrm8bdoc•rev.12123109 WPA Form 8B,Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
F; WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-Sos
� Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Jeffrey Halloran
only the tab key Name
to move your 100 Cabot Street
cursor-do not
use the return Mailing Address
key. Beverly MA 01915
CilyrTown State Zip Code
e 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
srN, Kenneth Steadman _
Name
9/23/2010 _ 64-505
Dated DEP File Number
3. The project site is located at:
4 Martin Lane _ Salem
Street Address City/Town
14 30 (Partial)
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Kenneth Steadman
Property Owner(if different)
Essex South
County Book Page
518044 _
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11/28/2012
Dale --- -- — ------------
wpalrm0b.doc rev.12/23/09 WPA Form 06.Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
-- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance
!' 64-505
Massachusetts Wetlands Protection Act M.G.L. c. 1 -- —31 , 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:
50.�a—. 1 _(/A_
Conservation Commission Date f Iss nce
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
http://www.mass.gov/dep/aboutlregion/findvour.htm).
Signatur
1
wpafrmBb.doc•rev.12/23/09 WPA Form 89,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number
. " WPA Form 8B - Certificate of Compliance 64-505
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 P o ided by DEP
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.
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:
Propertyowner
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.boc•rev.1223109 WPA Form 88,Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance
06
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 pro 5dedby DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Jeffrey Halloran
only the tab key Name
to move your 100 Cabot Street
cursor-do not
use the return Mailing Address
key. Beverly__ __ _MA _ 01915
r� City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Kenneth Steadman
Name
9/23/2010 64-506
Dated DEP File Number
3. The project site is located at:
2 Martin Lane Salem__ _
Street Address City/Town
14 30 (Partial)
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Kenneth Steadman
Property Owner(if different)
Essex South
County Book Page
518045
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
•11/28/2012
Date
wpafmnft do,-rev.12123109 WPA Form 8B,Certifcale 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 64-506
_J 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:
o o teCsevation o Date
f f
danec
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
http://www.mass.gov/dep/about/region/findyour htm).
Signatures: p�
wpalrmi doc rev.12123109 WPA Form 513,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
\� WPA Form 8B — Certificate of Compliance 64-506
Massachusetts Wetlands Protection Act M.G.L. c. 131,
I 40� Provided by DEP
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:
Dale----- ---- --- --------Book ----- -- Page ---
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
— - — --
Docu-ment Number
Signature of Applicant - -
wpafrm8b.doc-rev.1223I09 WPA Form 8B,Certificate of Compliance•Page 3 of 3
04/09/2012 13:08 FAX R 0004/0004
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-506
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cayfrown
A. General Information
Importaft When filing 1.From: Salem
motion Commission
out forts
on the 2.This issuance is for a.®Order of Conditions b. Amended Order of Conditions
computer. (check one):
use only the
tat key to 3..To: Applicant
move your
cursor-do Kenneth Steadman
not use the a.First Name b.Last Name
return key.
c.Organization
67 Village Street
d.MailingAddress
Marblehead Massachusetts 01945
e.cayfrown f.State g.Zip Code
4.Property Owner(if different from applicant):
a.Fast Name b.Last Name
Bartlett&Steadman Development Corp.
a Organization
67 Village Street
d.Mailing Address -
Marblehead Massachusetts 01945
e.Crtyfroten f.State g.Zip Code
5.Project Location:
1 Martin Ln(tot 211 VVdch Hill Subdivision) Salem
a.Street Address b.Cityfrown
map 14 portion of lot 30
a Assessors Map/Plat Number d.ParceVLot Number
Latitude and Longitude,if known: 42 d30 m35 s 70 d55 m09 s
N d.Latkude e.Longitude
wpsrormsdoc•m.122309 S RI I�I��IIlilt 11111111.293396 Page 1 of 12
`��gOYfMT,,A
CITY OF SALEM
` mac CONSERVATION COMMISSION
gl✓'YIYP.��
September 28, 2010
Kenneth Steadman
67 Village Street
Marblehead, MA 01945
Re: Orders of Conditions—DEP#64-504, 64-505, 64-506
4 Martin Lane (Lot 214 Witch Hill Subdivision)
3 Martin Lane (Lot 212 Witch Hill Subdivision)
1 Martin Lane (Lot 211 Witch Hill Subdivision)
Dear Mr. Steadman:
Enclosed, please find the Orders of Conditions for the above referenced projects.
Following the 10-day appeal period (as of October 4, 2010), these 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 each Order, which will indicate to the Commission
that the documents have been recorded.
As indicated in the Order, prior to any work commencing:
1. these Orders must be recorded,
2. signs shall be displayed showing DEP File # 64-504, 64-505, and 64-506 within
public view, and
3. contact me at least 48 hours prior to any activity to schedule a pre-construction
meeting to review the Orders with your hired contractor.
If you have any further questions,please feel free to contact me at 978-619-5685.
Sincerely,
Tom D me
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-506
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
Important: Salem
When filling 1. From: Conservation Commission
out fors
on the 2. This issuance Is for
computer, (check one): a.®Order of Conditions b.❑Amended Order of Conditions
use only the -
tab key to 3. To: Applicant:
move your
cursor-do Kenneth Steadman
not use the a.First Name b.Last Name
return k—ey.
Af"- iI I I c.Organization
�r m 67 Village Street
d.Mailing Address
Marblehead Massachusetts 01945
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name
Bartlett&Steadman Development Bartlett Steadman Development Corp.
c.Organization
67 Village Street
d.Mailing Address
Marblehead Massachusetts 01945
e.Ctty/Town f.State g.Zip Code
s. Project Location:
1 Martin Ln (lot 211 Witch Hill Subdivision) Salem
a.Street Address b.City/rown
map 14 portion of lot 30
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known, 42 d30 m35 s 70 d55 m09 s
d.Latitude e.Longitude
wpelam5.0oc• rev.1212309 PW 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-506
El
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 80814& 80815
a.County - b.Certificate Number(d registered land)
c.Book d.Page
7. Dates: August 30 2010 Sept. 23, 2010 Sept. 23, 2010
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references
as needed):
Site Development Permit Plan Salem MA
a.Plan Title
Eastern Land Survey Assoc. Inc. Christopher Mello
b.Prepared By c.Signed and Stamped by
August 24, 2010 1"=20'
. d.Final Revision Date e.Scale
f.Additional Plan or Document Title
g.Date
B. Findings
f. 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. ® Fisheri es ® Protection of
Wildlife
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 necessary in accordance 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.
.yaarr&e - w.rvrws
Page 4or 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64-506
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
city/rows
B. Findings (cunt.)
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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
75+/-
3. ® Buffer Zone Impacts: Shortest distance between limit of project a.linear feet
disturbance and Bank or Bordering Vegetated Wetland boundary(if
available)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linearfeet b.linear feet c.linear feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
s. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feel
Waterways
e.Hy dredged f.cty 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
wpalann5.dac• rev.i WWI)
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64-506
1 WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/rows
B. Findings (cunt.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
g. ❑ Riverfront Area a.total sq feet b.total sq.feet
Sq ft within 100 It
c.square feet d.square feet e.square feet f,square feet
Sq it between 100-
200 It g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
a.Ocean square feet b.square feet
c.VY dredged d.cly dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. El Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
14. El Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
15. ❑ Coastal Banks a. linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet D.square feet
17. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c y dredged d.cly dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feel 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.cry dredged b.cly dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 464-506
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction#
Salem
Cityrrown
B. Findings (cunt.)
22. ❑ Restoration/Enhancement:
a.square feet of rvw b.square feet of salt marsh
23. ❑ Stream Crossing(s):
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve 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.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended 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 September 23,2013 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.
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.
WPafQ1ff S.Ecc• W.1=:03 .
Pape 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-506
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/rown
C. General Conditions Under Massachusetts Wetlands Protection Act(cunt.)
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
or 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"for, 'MassDEP"i
`File Number#64-506 "
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#12 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.
17. Prior to the start of work, and d 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.
wpdam6.doc•m.12MM9 Pape 6 o112
Massachusetts Department of Environmental Protection Provided by MassDEP:
L Bureau of Resource Protection -Wetlands 464-506
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project") Is(1)❑ is not(z)®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 Stonmwater 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;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
N. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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.
WPrmns.dx• M./1MA09
Peas 7 0114
Massachusetts Department of Environmental Protection Provided by MassDEP:
_ Bureau of Resource Protection -Wetlands #64-506
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Clly/rown
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
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.
+ps�ms.e�•m lvrsos
veao 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64-506
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTrarmction#
Salem
cityrrow
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
stonnwater 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 stonnwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stonnwater 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 stomlwater BMPs shall include access gates and shall be
at least sin inches above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text
document):
SEE ATTACHED SPECIAL CONDITIONS
Pap 9d12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64-506
WPA Form 5 - Order of Conditions MassDEP File#
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/rows
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:
- -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):
»varorms.ea• m,.1203W
Peas 10 o/12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 464-506
El WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special Sept. 23 2010
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of issuance
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or he d elivered to applicant.A
copy also must be mailed or hand delivered at the same time to the appro riate Depa of
Environmental Protection Regional Office, if not filing electronically,and a pro r, if eerent
from applicant.
S ntres
55
❑ by hand delivery on ❑ by certified mail, return receipt
requested, on
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 of 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 Departments 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 dose 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 dearly 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.
•yalmrd.am• w 12raM Page 11 W 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 464-506
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
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.
Salem
Conservation Cammisslon
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
.................................................. ............................................................
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1 Martin Ln (lot 211 Witch Hill Subdivision) ff64-506
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex
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:
Dare
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
ryeMm5.d=• rev.12/2309 Pape 12 al 12
o.' Attachment to Order of Conditions # 64-506
� r Page 1of 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-506
1 Martin Lane (Lot 211 Witch Hill Subdivision)
City of Salem,Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Venial Pools Map (June 1, 2003) 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 contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
This Order permits the construction of a single family house(35'x50')and associated appurtenances on the 10,471
square foot lot within a Buffer Zone to a Bordering Vegetated Wetland at 1 Martin Lane (Witch Hill Subdivision
Lot 211). At their closest point,the approved activities are approximately 75+/-feet from the resource area.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions)
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 34,Section 34-1 —34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
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#64-506 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
to act on its behalf in administering and enforcing this Order.
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,
Attachment to Order of Conditions # 64-506
1- 7
Page 2of 5
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.
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 stat. 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.21 A 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 constnrction 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
SITE DEVELOPMENT PERMIT PLAN LOCATED IN SALEM, MASS
(Title)
8/24/2010
(Dated)
Christopher R. Mello
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with)
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
od N Attachment to Order of Conditions # 64-506
Page 3of 5
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. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance,in
perpetuity,and shall be referenced to in all future deeds to this property.
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 hay bales and wooden stakes stored under cover on the site to be used for emergency erosion
control 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.
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
o @ Attachment to Order of Conditions # 64-506
` Page 4of 5
through hay 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 that 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 auras and 200 feet from river.
32. Cement trucks shall not be 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,haybale
barriers and/or sift 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 21A,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).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
J Attachment to Order of Conditions #64-506
` Page Sof 5
(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. Construction material and equipment shall be stored outside of the buffer zone.
44. A silt sock shall be installed in the adjacent catch basin(s).
Massachusetts Department of Environmental Protection Provided by Mass DEP:
Bureau Of ReSOUFCe 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
Cityrrown
Important:When filling out A. General Information
forms on the
computer,
the tab key 1. Project Location (Note: electronic filers will click on button to locate project site):
onlyto move your 1 Martin Lane Salem
cursor-do not a.Street Address 01970
use the return b.City/Town c.Zip Code
key. Latitude and Longitude: 42-30-35 70-55-09
d.Latitude e.Longitude
Map '14 Lot 00301 Lot211
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
Kenneth G. Steadman
a.First Name b. Last Name
Note:
Before c.Organization
completing this form consult67 Village Street
your local d.Street Address
Conservation Marblehead MA 01945
Commission a.City/Town I.State
regarding any g.Zip Code
municipal bylaw 781-631-3751
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
a.First Name b.Last Name
Bartlett & Steadman Development Corp.
c.Organization
67 Village Street
d.Street Address
Marblehead MA 01945
e.City/Town I.State g.Zip Code
781-631-3751
h.Phone Number 1. Fax Number /.Email address
4. Representative(if any):
Attorney George W. Atkins III
a.First Name b.Last Name
Ronan, Segal & Harrington
c.Company
59 Federal Street
d.Street Address
Salem MA 01970
e.City/Town I.State g.Zip Code
978-744-0350
h.Phone Number 1.Fax Number /.Email address
5. Total WPA Fee Paid (from N01 Wetland Fee Transmittal Form):
500.00 237.50 262.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform3.doc•rev. 11/16/09
Page 1 of 8
Massachusetts Department of Environmental Protection Pro!O hyMas`sDEP r
i ate+ a
Bureau of Resource Protection - Wetlands MasSDEP„sue Nymgar
a ,h
WPA Form 3 - Notice of intent
Doc4ment Tra
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ,"" 1SachunN�mbat„i
Cityrrown
A. General Information (continued)
6. General Project Description:
Construction of single family dwelling driveway, utilities grading and landscaping
7a. Project Type Checklist:
1. Z 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 Z 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 80814 &80815
a.County b.Certificate#(if registered land)
c.Book d.Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Z 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 project
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(If any)
Resource Areas,
please attach a a. ❑ Bank
narrative 1.linear feet 2.linear feet
the resource
how b. ❑ Bordering Vegetated
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
wpaform3.doc•rev. 11/16/09 Page 2 of 8
Massachusetts Department of Environmental Protection Provided by MassD�P k k,,
Bureau of Resource Protection -Wetlands
,J�1assDEP 5ilar u}nber +
WPA Form 3 — Notice of Intent sFt;Y r ` '" '
�t,DbthfhEnt,Transechon Number
Massachusetts Wetlands Protection
Act M.G.L. C. 131, §40 Salem "
City/Town
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 4.flood storage lost cubic feet replaced
e.El 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
3.Total area of Riverfront Area on the site of the project:
proposed
square feet
•
a. Proposed alteration of the Riverfront Area:
a.total square feet b.square feet within 100 ft c.square feet between too ft.and 200 ft.
s. Has an alternatives analysis been done and is it attached to this NO1? ❑ Yes❑ No
6.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 number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
(provided on
your receipt b. ❑ Land Under the Ocean
page)with all 1.square feet
supplementary
information you submit to the 2.cubic yards dredged
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
q 2.cubic yards dune nourishment
wpaform3.doc•rev. 11/16/09
Page 3 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 'MassDEP File Number ,
WPA Form 3 — Notice of Intent
• =:Document Trprim*bn NumberLl ;
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone 8r Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement of 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 Act/Wetlands 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
http/twww mass goyldfweleldfw/nheso/regulatory review/priority habitat/online 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
• 2006 Route 135, North Drive
b.Date of map Westborough, MA 01581
wpaformIdoc•rev. 11/16/09 Page 4 of 8
Massachusetts Department of Environmental Protection Pro,ded gy MassoEP :�
Bureau of Resource Protection - Wetlands u`
a(ylagsDE�file Nutnbsr '_
WPA Form 3 — Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D°cumeMTrensachohNumbetj
aY.s
Salem
Chy/Town
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, 3G-day, MESA/Wetlands Protection Act review, please
complete Section CA.C, and include requested materials with this Notice of Intent(NOI); OR
complete Section C.1.d, 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 shared:
(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:
hftp:/Avww.mass.gov/dfwele/dfw/nhesr)/regulatory review/mesa/mesa fee schedule htm).
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/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions htm;
the N01 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 Trecldng# b.Date submitted to NHESP
ome projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see
ttptlp://www.mass.cov/dfVvele/dfw/nhesp-/nhesp,htm, regulatory review lab). 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.
wpaform3.doc•rev. 11/16/09 Page 5 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection -Wetlands
MassDEP File Namber
L7
WPA Form 3 - Notice of Intent DntTre a
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ooume. , n aotionNumber
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 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. El 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:
I.❑ 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: Project Stormwater Management was
1.❑ Single-family house addressed under DEP File No. 64-391
wpaform3.doc•rev. 11/16/09 Page 6 of 8
Massachusetts Department of Environmental Protection Provided byMassDEP
Bureau of Resource Protection - Wetlands ;MasgDEa Rlla N�mga�
WPA Form 3 - Notice of Intent `
. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sal merttTransactionNumbgri
Salem
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 [BVWj 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.),
• andattach documentation of the methodology.
a. ® List the titles and dates for all plans and other materials submitted with this NOI.
Site Development Permit Plan
a.Plan Title
Eastern Land Survey Associates Inc. Christopher R. Mello P.L.S.
b.Prepared By c.Signed and Stamped by
August 23 2010 1"=20'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
6. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6.❑ 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.
8. 0 Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev. 11/16/09 Page 7 of 8
Massachusetts Department of Environmental Protection Provided by MSssDEP }
Bureau of Resource Protection - Wetlands
j�lasDEp Fde M1)umbgr �,
WPA Form 3 - Notice of Intent
• Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 " Doournent Trq{�$echoY{l °FnbeFy
Salem
Citylrown
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 NO]Wetland Fee
Transmittal Form)to confirm fee payment: J�)
9�a// 6-7
--
2.Municipal Check Number 3.Check date
9616 E-- a(0-lo
4.State Check Number 5.'CIh/eck date
7.P
6.Payor name on check:Fist Name ayor 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.Si Ilcan 2.Dat
�Z�I1 O
lure o ner(iftdiffereryt) 4.Date
�"�7 ' / U
i e of Representative(rf ,,,,= 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.
•
wpafonn3.doc•rev. 11/16/09 Page 8 of 8
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
Important: A. Applicant Information
When filling out
forms on the 1. Applicant:
computer,use
only the tab key Kenneth G. Steadman
to move your a.First Name
cursor-do not b.Last Name
use the return
key. c.Organization
67
d. Village Street
d.
m Mailing Address
Marblehead MA 01945
rom e.Cdy/Town f.State g.Zip Code
781-631-3751
h.Phone Number i.Fax Number �. Emad Address
2. Property Owner(if different):
a.Fast Name b.Last Neme
Bartlett & Steadman Development Corp
c.Orgamzatlon
67 Village Street
d.Mailing Address
Marblehead MA 01945
• e.City/Town f.State g.Zip Code _
781-631-3751
h.Phone Number I.Fax Number t.Email Address
3. Project Location:
1 Martin Lane Salem
a.Street Address b.City/-Town
To calculate filing fees,refer B. Fees
to the category
fee list and The fee should be calculated using the following six-step process and worksheet. Please see
examples In the Instructions before filling out worksheet.
instructlons for
ruling 3(Notice
A Ste 1rT a of Activity: Describe each
Form 3(Notice of p yp ty� type of activity that will occur in wetland resource area and
Intent). buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual 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 5/Total 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.
WparormMm-Weiland Fee Tra Hw Form•rev.2/21M Page 1 of 2
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 2/Number Step Step 4/Subtotal Activity
of Activities 3/individual Fee
Activity Fee
Construction of Single Family 1 500.00 500.00
Dwelling
Step 5/Total Project Fee: 500.00
• 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$12.50
City/Town share of filling Fee: 262.50
c.1/2 Total Fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 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
eleotroniaaliy.)
WpWorm9.dee•Wetland Fee Tmm UW Form•rev,20/08
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