64-286 - 17 ORLEANS AVENUE - CONSERVATION COMMISSION I " -r 17 O/LLerajs- AVE�
RECEIVED
JUL 21 2010
DEPT. OF PLANNING R
Massachusetts Department of Environmental ProtectiOrCOMMUNITY DEVELOPMENT
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 0 #64-286
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:------------------------------------------------------------------------------------ --------------
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
17 Orleans Avenue #64-286
Project Location _ DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
Ede1--, oaf Sa, -i-o i t /�-,�., 'u c
Property Owner
and has been noted in the chain of title of the affected property on:
6 -- 10
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:
5i09g9
Document Number
Signature of Applicant
wpafrmBtr.0 c•rev.12/23/09 WPA Forth 8e,Certificate of Compffar •Page 3 of 3
„ D: i
i
is� 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 813 — Certificate of Compliance #64 286
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
A. Project Information
Important:
When filing out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Edemar DosSantos and Maria Furbino
only the tab key Name
I move your 17 Orleans Avenue
cursor-do not Malting Address
use me return
key. Salem MA 01970
Ckylrown state Zip Code
to 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Orleans Realty Trust
Name
`) October22, 1998 #64-286
!� Dated DEP File Number
/a O�
3. The project site is located at:
17 Orleans Avenue Salem
u street Address Cilyfrown
� M
Map 8 Lot 0060
Assessors Map/Plat Number PeraeN_M Number
L the final Order of Condition was recorded at the Registry of Deeds for.
M Property Owner(If different)
b^ Essex
r County Book Page
66644
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent,
on:
Dad
��� ��I IIII�I IIIIIIullll�llllll�'ll
610989 (75555) Blch:266970
Ob d=.m 171I109 Southern Essex District Registry
7l1612010 03:56 PM COMPL Pa: 114 WPA Far eB,Cenncete dCongfierce•peaatd3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance #64-286
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 ceditafion 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:
#10,#12,#14
C. Authorization
Issued by:
Salem June 24, 2010
Conservation Date of Issuance
This Ce ' e must signed by a majority of the Conservation Commission and a
copy se to the appj nt and appropriate DEP Regional Office(See
h 7/www. a s. lder)/abouttreaion/findvour htm).
Signatu
MyokroBb On rev.12123AM N AFo e9,Cerrft M of Canqlrlmw•Pago 2 of
.ti r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEPFileNumber.
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providedd 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.
f4c--------------------------------------------------------------------------------------------
Salem
conservation commission
Please be advised that the Certificate of Compliance for the project at
17 Orleans Avenue #64-286
Preiect Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
county
for.
Property Owner
and has been noted in the chain of tide of the affected property on:
Date Book Paga
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
npertrrx0dW-M.1z2aW WPA Fa e9,CwffR of Canpfi m•Pape3ora
Document: 5109E7
COWL
FSSEX SOUTHERN DISTRICT REGISTRY OF DEEDS
RECEIVED FOR REGISTRATION
One 7/16/2010 03:56 Ph
Noted on Cert: 75565 BODY: 406
310 CMR 10 . 9^ DEP File No. 64-286
Form 8 (To be provided by DEP)
City/Tan Salem
Applicant Orleans Realty Trust
CoDmionweal th
of Massachusetts
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c . 131, 540
From Salem Conservation Commission Issuing Authority
To Orleans Realty Trust 7R Puritnn RA calom
(Name) (Address)
Date of Issuance 6/24/99
This Certificate is issued for work regulated by an Order of Conditions issued
to Orleans Realty Trust dated 10/22/98
and issued by the Salem Conservation Commigginn
1. It is hereby certified that the work regulated by the above-
referenced Order of Conditions has been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of- the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed: (If the Certificate of Compliance does not
include the entire project, specify what portions are included. )
3 , ❑ It is hereby certified that the work regulated by the above-
referenced Order of Conditions was never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without
filing a new Notice of Intent and receiving a new Order of
Conditions.
(Leave Space Blank)
Effective 11/10/89 8-1
a . ❑ The certificate sba11 be recorded in the Registry of Deeds or the
Land Court for the district in which the land is located. The order
was originally recorded or. (date) at the
Registry of Hook Page
5. ❑ The following conditions of the Order shall continue: (Set forth any '
conditions contained in the Final Order, such as maintenance or
monitoring, which are to continue for a longer period. )
Commission
Issued by
Signature (s)
n
When issued by the Conservation Commission this Certificate must be signed by
a majority of is members.
On this 24th day of June 19 qq before me
personally : ppeared the above mentioned to me known to be .the
person described in and who executed the foregoing instrument and acknowledged
that h /she xecutMeame as his/her free act and deed.
STEPHEN Disc,.:
Notary Public
MY Commission Etpires!;-.
Nota P lic 'r My ccmmissicn expires
Detach on dotted line and submit to the Commission
............................................................................................................
To Issuing Authority
Ptease be advised that the Certificate of Compliance for the project at:
File Number has been recorded at the Registry of
and has been noted in the chain of title of the affected property on , 19
If recorded land the instrument number which identifies this transaction is
If registered land the document number which identifies this transaction is
Signature Applicant
6-2
f„1•
310 CMR 10.99 -"` DEP File No.
' 64-286
(To be provided by DEP)
Form 5
City/Town Salem
Applicant Orleans Realty.Trust
Commonweal tb
of Massachusetts
AMENDED 12/10/98
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
To Orleans Realty Trust Same
(Name of Applicant) (Name of property owner)
Address 18 Puritan Road,Salem, MA Address
01970
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
❑ by certified mail, return receipt requested on (date).
This project is located at 17 Orleans Avenue
The property is recorded at the Registry of FqgoY cn„th
Book Page
Certificate (if registered) 66644
The Notice of Intent for this project was filed on 9/11 /9g (date)
The public hearing was closed on October 22, 1998 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the at this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Su���bjjIII}}Setttct to Protection Under the Act (check as appropriate):
Public water supply Flood Control land containing shellfish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of wildlife Habitat
Total Filing Fee Submitted 250.00 State Share 11 . 50
(112 fee in excess of $25)
City/Town Share 117. 90
Total Refund Due S City/Town Portion S State Portions
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Commission
orders that all work shall be performed in accordance with said 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.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke
or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of
private rights.
3 . This Order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations .
4 . The work authorized hereunder shall be completed within three years from
the date of this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the order.
6. Any sill used in connection with this project shall bt clean fill,
containing 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.
7. No work shall be undertaken until all administrative appeal periods from
this order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
6, No work shall be undertaken until the Final order 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 registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the Commission on the form at the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
File Number 64-286
10. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department .
c_2
4.•
11. Upon completion of the work described herein, the applicant shall
forthwith request in writing that a Certificate of Compliance be issued
stating than the work has been satisfactorily completed.
12 . The work shall conform to the following plans and special conditions:
Plans:
Title Dated Signed and Stamped by: On File with:
Plan to accompany NOI Aug. 25, 98 Bradlav MrKnnoie S21o, r .: ""ff'-'-sion
17 Orleans Avenue yy.,
*Plan denotes existing drainage easement with proposed toU�g—by
Special Conditions (Use additional paper if 1necessary)
See a`'�dG�ec` L`or�iRonS
(Leave Space Blank) .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S-3A
Issued Hy Sale _ i_ Conservation Commission
signatur (s)
r
P�
This Order must be signed by a majority of the Conservation Commission.
on this 22nd day. of October 19 98 before me
personally appeared tha ahnvp mantinnPci to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed t e s MA I
s his/her free act and deed.
STEPHEN DIE
6Jy C,,, 'Otafy Public
�Pires A-
Nota y ubl'c My commission expires
The applicant, the owner, any person agrrieved by this Order, 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 Department of Environmental Protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CNR 10.03(7), within ten 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 hard delivery to the Conservation Commission and the applicant.
Detach an dotted line and submit to the ! o V"V" SS10 n prior to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5-4R
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS -DEP FILE 964-286
ADDRESS: 17 Orleans Ave
Amended 12/10/98 (#15 has been deleted)
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project,the applicant shall submit an "as-built'plan to the
Conservation Commission with a request for a Certification of Compliance, an affidavit,
prepared by a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the requirements of
this Order of Conditions, the referenced site plan and supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described in the Notice of Intent and accompanying plans or part thereof In the event
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Prior to commencement of construction activity, a haybale barrier shall be placed
downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be
anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited
on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing
signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper
functioning condition until all disturbed areas have been stabilized. Proposed haybale line shall
be relocated across rear property line.
6. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
7. During construction, no debris, fill, or excavated material shall be stockpiled within 100
feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands.
8. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
9. *No spill or discharge of petroleum products or other pollutants will occur within 100
feet of any wetland resource area.
10. *Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is
prohibited within 100 feet of the resource area. Any arrangement for snow removal shall
stipulate the ban.
11. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing, the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible
for insuring that operations are conducted in compliance with this Order.
12. *Minimal pruning and no removal of any buffer zone or wetland vegetation will occur
downgradient of the staked haybale line.
13. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
14. *Only organic fertilizers shall be used for landscaping and lawn care and shall contain a
low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of the resource area.
16. Applicant shall inquire in writing to the City Engineer of the proposed drainage easement
alterations and secure approval in writing with copy to Conservation Commission. All fill shall
be removed from the rear yard and drainage easement in accordance with the plan and City
Engineer shall approve in writing with copy to Conservation Commission prior to the issuance of
a Building Permit. No work shall commence on house until rear yard and drainage easement fill
has been removed and approved by the Conservation Commission.
17. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\concom\ooc\speccond
OWNF: I.� ' S DCTPL=CAT73 CT:R.T=FSCATI�:
Cert. No. 66644
Doc:r. No. 318025
From TRANSFER U�rtificate No. 53967, Originally Registered
March 6, 1928 in Registration Book 29 Page 7091
for the Southern Registry District of Essex County
THIS IS TO CE:TIFY that
JOSEPH J. GALLO, and MARION GALLO,
of 18 PURITAN ROAD, SALEM, MA. 01970
TRUSTEES OF TITS ORLEANS REALTY TRUST, UNDER A DECLARATION OF
TRUST, DATED OCTOBER 26, 1995, AND FILED A DOCUMENT 318024
IN SAID REGISTRY. .
ARE the owner(s) in fee simple
of that land si.l-.uated in SALEM
in the County r Essex and Commonwealth of Massachusetts, bounded
and described ;:s follows:
NORTHWESTERLY by Orleans Avenue fifty (50) feet;
NORTHEASTERLY by lot 24, as shown on plan hereinafter mentioned, one
Lundred sixty one and 58/100 (1'1 .58) feet;
SOUTHEASTERLY by lot 1, as shown on said plan, and by land now or
formerly of Frederick H. Griswold seventy six and
`8/100 (76.58) feet; and
SOUTHWESTERLY by lot 41, as shown on said plan, one hundred seventy
z.ight and 73/100 ( 178.73) feet..
All of said boundaries are determined by the C.m rt to be located as
shown upon plan numbered 11802-B, drawn by Thomas A. Appleton, Civil
Engineer, dated April 12, 1928, as modified and approved by the Court,
filed 'in the Land Registration Office, a copy of a portion of which is
. filed with Cert.i .ficate of Title 7179 in. said Registry, and the above
described land is shown as lot 25, sheet 1, on last mentioned plan.
And it is further certified that said land is under the operation
and provisions of Chapter 185 of the General Laws,
and that the title of said
JOSEPH J. GALLO and MARION GALLO, Trustees as aforesaid;
to said land is registered under said Chapter, .subject, however,
to any of the cucumbrances mentioned in Section forty-six
of said Chapter, which may be subsisting and subject
to the memoranda of encumbrances for this certificate.
WITNESS, RC^RRT V. CAUCHON, Chief Justice of the Land Court,
at Salem, in said County of Essex
the twelfth day of April in th,: year nineteen
hundred and ninety-six , at 3 o'clock and 11 minutes.
Attest, with th•• Seal of said Court,
r
JOHN R. KEILTY, COUNSELOR AT LAW 'skt• .E^ i
40 LOWELL STREET ti TELEPHONE (978) 531-7900
PEABODY, MA 01960 MAY 04 1999 FACSIMILE (978) 531-2479
said';;
April 30, 1999
Conservation Commission
City of Peabody
One Salem Green
Salem, MA 01970
Attn: Steve Dibble, Conservation Administrator
Re: 17 Orleans Avenue, Salem, MA
Dear Mr. Dibble:
Enclosed please find, as you have requested, one originally signed letter from Otte &
Dwyer with the original P.E. stamp affixed.
Very truly yours,
John R. fty'?ire
JRK/emb
Enclosure
Otte & ftper, Inn.
Surveyors
196 CENTRAL STREET • P.O. BOX 982
SAUGUS, MA 01906-0182
(781 ) 233-8155
1-800-649-8155
FAX 781-231-2515
April21, 1999
Salem Conservation Commission
C/o Mr. Steven Dibble, Conservation Administrator
City Hall
Salem, MA 01970
RE: DEP file No. 64-286
17 Orleans Avenue
Salem, MA 01970
Dear Mr. Dibble,
Otte and Dwyer, Inc. has inspected the site, performed a topographic survey and
find that the site is in substantial compliance with the plan attached to the order with the
following exceptions.
1. Vegetation on the site has not been established. Existing on the site is hydro seed over
loam.
2. 2. Site grading differs from the proposed as shown on the attached plan "Asbuilt Plan
for certificate of Compliance" 17 Orleans Avenue, Salem Mass. dated April 16, 1999
by Otte and Dwyer,Inc.
Sincerely,
Theodore E.Dwyer for One a4Dwyer,7nc.
►AAA� H OF AIq'W �l ol
C�
THEOD
ORE 1
E.
}
DVOYERFlo
NO.30748
�'► 4,ype cF �„�� u, ;r a
WWTT
MORTGAGE LOAN INSPECTIONS BOUNDARY SURVEYS LAND COURT SURVEYS • TITLE INSURANCE SURVEYS
SUB-DIVISION SURVEYS • TOPOGRAPHIC SURVEYS • CONDOMINIUM SURVEYS • CONSTRUCTION SURVEYS
Otte & MWper, 3]nr.
Surveyors
\ 196 CENTRAL STREET • P.O. BOX 982
SAUGUS, MA 01966-0182
(781 ) 233-8155
1-800-649-8155
FAX 781-231-2515
April 21, 1999
Salem Conservation Commission
C/o Mr. Steven Dibble, Conservation Administrator
City Hall
Salem,MA 01970
RE: DEP file No. 64-286
17 Orleans Avenue
Salem, MA 01970
Dear Mr. Dibble,
Otte and Dwyer, Inc. has inspected the site, performed a topographic survey and
find that the site is in substantial compliance with the plan attached to the order with the
following exceptions.
1. Vegetation on the site has not been established. Existing on the site is hydro seed over
loam.
2. 2. Site grading differs from the proposed as shown on the attached plan "Asbuilt Plan
for certificate of Compliance" 17 Orleans Avenue, Salem Mass. dated April 16, 1999
by Otte and Dwyer, Inc.
e Sincerely,
Theodore E. Dwyer Le and er,Inc.
MORTGAGE LOAN INSPECTIONS • BOUNDARY SURVEYS • LAND COURT SURVEYS • TITLE INSURANCE SURVEYS
SUB-DIVISION SURVEYS • TOPOGRAPHIC SURVEYS • CONDOMINIUM SURVEYS • CONSTRUCTION SURVEYS
Otte & Obuper, Inc.
Surveyors
196 CENTRAL STREET • P.O. BOX 982
SAUGUS, MA 0 1 906-0 1 82
(781 ) 233-8155
1-800-649-8155
FAX 781-231-2515
June 9, 1999
Salem Conservation Commission
C/o Mr. Steven Dibble, Conservation Administrator
City Hall
Salem, MA 01970
RE: DEP file No. 64-286
17 Orleans Avenue
Salem, MA 01970
Dear Mr. Dibble,
Concerning the above referenced DEP file number, Otte and Dwyer, Inc. have
inspected the site on June 9, 1999 and find that vegetation has been established over the
site.
Sincerely,
/� �L{G-fitl✓fl�
Theodore E.Dwyer for Otte fwyer,Inc.
cc : glitchfield
J
SHOF
v3� THE a
.3046 i
14
PWT^'
MORTGAGE LOAN INSPECTIONS • BOUNDARY SURVEYS • LAND COURT SURVEYS • TITLE INSURANCE SURVEYS
SUB-DIVISION SURVEYS • TOPOGRAPHIC SURVEYS • CONDOMINIUM SURVEYS • CONSTRUCTION SURVEYS
310 CMR 30.99 RECEIVE® UEP File Na
JUL 2 21996
Form 9 (ro be provided by DEP)
Eaai Salem
Gry/roao
Applivnt
Commonwealth
a of Rassachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
To Joseph J. Gallo, 18 Puritan Rd. , Salem, MA 01970
Date of Issuance July 2, 1996
Property lot/parcel number, address' 17 Orleans Avenue
Extent and type of activity:
Unacceptable fill material being dumped within the Buffer Zone.
The Commission has determined that the activity described
above is in violation of the wetlands Protection Act, G.L. c. 131, 540, and
the Regulations promulgated pursuant thereto . 310 CRR 10.00, because:
[ said activity has been/is being curdu:.tac: :i:h=ut a valid order of
conditions.
❑ said .activity has been/is being conducted in violation of an order of
conditions issued to dated ,
File number , condition number(s)
❑ other (specify)
The Commission hereby orders the following:
® The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
❑ wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/89 9-1
1
issued by the Dapartment. of Environmental Protecrion
Completed appiication forms and plans ae required ty tue Act and ` 'a
Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been
held and an order of conditions has been issued to regulate said work.
Application forms are available at:
n The property owner shall take every reasonable step to prevent further
violations of the act.
other (specify) 1
Failure to comply with this order may constitute grounds for legal action.
Massachusetts General Laws Chapter 131, section 40 provides:
Whoever violates any provision of this section shall be punished
by a fine of not more. than twenty-five thousand dollars or by
imprisonment for not.more than two years or both. Each day or
portion thereof of continuing violation shall constitute a separate
offense.
Questions regarding this Enforcement order should be directed to:
issued by
signatures)
(signature of delivery person
or certified mail number)
HEARING RIGHTS
You are hereby notified of your right to an adjudicatory hearing under the Massachusetts Adninistrative
Procedure Act, G.L. Chapter 30A, section 10, regarding this Enforcement Order. in accordance with the
Department's Rules for the conduct of Adjudicatory Proceedings, 310 CMR 1.00, a Notice of claim for
Adjudicatory Nearing must be filed in writing within twenty-one (21) days of the date of issuance of this
Enforcement Order; must state clearly and concisely the facts which are grounds for the proceedings and the
relief sought; must include the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR
10.03(7); and must be addressed to:
Docket Clerk
Office of General Counsel
Department of Environmental Protection
One winter street, 3rd Floor
Boston, Massachusetts 02108
A copy of said Notice of Claim must be sent to the appropriate reginal office of DEP
9-2a
• Issued by Salem Conservation Com jaaLign __ —commission
® completed application forms and plans as required by the! Act and
14,
Regulations shall be filed with the Commission
on or before Seutember 1 1996 (date),
and no further work shall be performed until a public hearing has been held
and an order of conditions has been issued to regulate said work.
Application forms are available at: Salem Conservation Commisci nn_ 1 Salem Creen
�] The property owner shall take every reasonable step to prevent furthei em
violations of the act. I
❑ Other (specify)
Failure to comply with this order may constitute grounds for legal action,
Massachusetts General Laws chapter 131, section 40 provides:
whoever violates any provision of this section shall be punished
by a fine of not more than twenty-five thousand dollars or by
imprisonment for not more than two years or both. Each day or
portion thereof of continuing violation shall constitute a separate
offense.
Questions regarding this enforcement order should be directed to.
Stephen Dibble Conservation Commission Agent 745-9595 o,.r 23.
Issued by Salem Conservation Commisginn
signature(s)
(Signature of delivery person
or certified mail number)
9-2b
78
Form 1
_ DEOE Flle No.
- (To be provided by DEQE)
City/Town
- Commonwealth
l� of Massachusetts Applicant
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §/4^0
1, I,the undersigned, hereby request that the �c� o ;, , �C.lSlSerlri11 LYE l CSYY�MI�S(
Conservation Commission make a determination as to whether the area,described below,or work to be
performed on said area,also described below, is subject to the jurisdiction of the Wetlands Protection
Act,G.L: c. 131, §40.
2. The area is described as follows.(Use maps or plans,if necessary,to provide a description and the
location of the area subject to this request)
`TfG f��p a'1,��- o�v /�'L�/' Sllowr A •��9lceye,•, fi'2a9
��lc !S f/ Gscarre>rp' on, Tic 1.4^,4 .9A d 7ZF SW'r5'a CANe d
ATVs $tee l7:pe of Av4v /c, . -V4&.
�
�-11, �s cvda-3 ;A, s4.�r/� 4A) 7 �`� cao �
/,-x- Q">7 p
Y ,t, &u Ly (.J19�eti Srurssc_.j L6A'J FyLC. rAoah.. AA;Iu AA e c5 4ei�
7'4I.47-S L�FY' Oct SwKrxt p J✓ew Z'wl.vk,4�d ;N
Stt•�i`e. F;ued Re- �-.v,r d To Puv �e rr:�-� :+n...
l2e( , 3. The work in said area Is described below. (Use additional paper,if nec ssar�,to describe the
proposed work.)
�' wee .�,.� � ..�.�.� �` �� � �o-•�
1-1
79
4. The owner(s)of the area, it not the person making this request, has been given written notification of this
request on (date)
The name(s)and address(es)of the owner(s):
S. I have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on /°" /6 X-J (date)
Northeast Southeast
323 New Boston Street Lakeville Hospital
Woburn, MA 01801 Lakeville, MA 02346
Central Western
75 Grove Street Public Health Center
Worcester, MA 01605 University of Massachusetts
Amherst,MA 01003
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Signature Name
AddressJ,9 P2i4'AAw re0jq S'19<Grr) Tel.
1-2
,
80
. Form 2 - DEQE File No.
(To be provided by DEQE)
e�.
Commonwealth
Cltyfro" Salem
of Massachusetts Applicant Joseph Gallo
Determination*of Applicability .,
Massachusetts Wetlands Protection Act, G.L c. 131, §40
Fro Salem Conservation Commission Issuing Authority
Tcr_ Joseph Gallo same
(Name of person making request) (Name of property owner)
Address 18 Puritan Road Address same
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
1d1-5y certified mail,return receipt requested on (date)
Pursuant to the authority of G.L c- 131. §40,the
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
This Determination is positive:
I. ❑ The area described below, which includes alVpart of the area described in your request, is an Area
Subject to Protaution Under the Act.Therefore, any removing,filling, dredging or altering of that
area requires the filing of a Notice of Intent
. F
2, ❑ The work described below, which includes ajVpart of the work described in yourTeyuest;is within
an Area Subject to Protection Under the Act and will remove, fill,dredge or alter that tires There-
fore,said work requires the filing of a Notice of Intent.
2.1
Si
3. ❑ The work described below,which'indudes all/part of the work described in your request;is within
the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. C The area described in your request is nod an Area Subject to Protection Under the Act. '
2. ET The work described in your request is within an Area Subject to Protection Under the Act, but win
not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent., provided staked hay bales are placed along the edge of wetland
during construction and the bank. is oiqme�and seafdec) f llowi � cor�strgtion.
3. ❑' The work described in your request is within the u er ne,as de lne in t ie regu ors, ut wi
not after an Area Subject to Protection Under the Act.Therefore, said work does not require the
filing of a Notice of Intent. -
4. ❑ The area described in your request is Subject to Protection Under the Act, but 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:
Issued by Conservation Commission
Signattue(s) ,
This Deterrninatio must be signed by a majority of the Conservation Commission.
On thin 12th r day of December 19 85 before me
personally appeared ,G to me known to be the
per..on described in, and who executed, the foregoing instrument, and acknowledged that he/she executed
the same/as,his/her free act arld deed.
\ I
z,p,,,Nf��r•
Notary Public My commission expires
This Determination does not relieve the applicant from complying with ail other applicable federal,state or local statutes,ordinances.
by-laws or regulations.This Determination shall be valid for three years lone the date of issuance.
The applicant,the 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 oily or town in which such land is located,are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mail or hand delivery to the Department within ten 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 the applicant.
2.2A
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- y
310 CMR: DEPARTNIEN'r OF ENVIRONMEN'rAL PROTECTION
10.99: continued
Form 9
DEP File no. I
N I
_ (To oe Provided by DEP)
•v Commonwealth CayTown Salem
�= of Massachusetts appncant Joseph J. Gallo
Mae
� {
W
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
Salem From e Conservation Commission Issuing Authority li
To Joseph J . Gallo
Date of Issuance
F4•3, 19 , lg Q?
Property lot/parcel number,address Map 8 Lot # 39 , 17 Orleans Avenue
Extent and type of activity:
i'illegil Fill in a buffer zone .
The
has determined that the activity described
above is in violation of the Wetlands Protection Act,G.L.C. 131, §40,and the Regulations promulgated pur-
suant thereto 310 CMR 10.00.because:
Said activity has beentis being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to
,dated
File number , Condition numberis)
❑ Other(specify)
The hereby orders the following:
The property owner, his agents,permlttees and all others shall immediately cease and desist from further
actvity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
ti• 11/10/80 310 CMR - 280.53
310 CMR: DEPARTbIEN'1'OF ENVIRONbIENI'AL PROI'EC"[ION
Issued by the Department of Environmental Protection
❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the
on or before (dale).
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
❑ The property owner shall lake every reasonable step to prevent further violations of the act.
❑ Other(specify(
Failure to comply with this Order may constitute rounds for legal action. Massachusetts General Laws Chap-
ter 131. Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than twenty-five thousand dollars or by imprisonment for not more than two years or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to:
Issued by
Signature(s)
(Signature of delivery person
or certified mail number)
HEARING RIGHTS
You are hereoy notifed of your❑gnt to an adlud¢atory,hearing under the Massachusetts Administrative Procedure Act.G.L.Chapter
30A.Section 10.regarding this Enforcement Order.In accordance with the Deoartmenrs Rules for the Conduct of Adpimcatory,Pro-
ceedings.310 CMR t.DO.a Nonce of Claim for Adjudicatory Hearing must be feed in writing within twenty-one 12l)days of the date
of issuance of this Enlorcement Order:must state clearly and Concisely the facts which are grounds tot the proceedings and the retiel
sought:must include the appropriate filing tee and Fee Transmittal Form as provided in 310 CMR 10.03(7):and must De addressed to:
Docket Clerk
Office of General Counsel
Department of Environmental Protection
One Winter Street.3rd Floor
Boston.Massachusetts 02108
A copy of said Notice of Claim must be sent to the appropriate regional office of DER.
11/10/89 310 CMR - 280.54 �, '
• 310CMR: UEPAIUMEN'170PENVIRUNME1,41iALPROTECTION
10.99: continued
Issued by Commission
C 1 Completed application forms and plans as required dy the Act and Regulations Shall be tiled with Ini-
On or before Iaalei
and no further work shall be performed until a public nearing has been held and an Order of Conditions
has been Issued 10 regulate said work. Application forms are available at.
The property owner shall take every reasonable step to prevent further violations of the act
d Other(specify)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap.
ter 131 . Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than twenty-five thousand dollars or by imprisonment for not more than two years or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to:
Issued by
Signature(s)
W i
(Sionature of delivery/erso
or certified mail number)
11/10/89 310 CMR - 2811.55
4
710 CMR: UEPAR'fMENI'OF ENVIRONNIEN'fAl. PROTECTION
NON-'TEXT PAGE
11/10/89 310 CMR - 280.56 '
17/1411998 13:45 5084639226 P,IMMER PARE 01
RIMMER
ENVIRONMENTAL CONSULTING
21Pine Island Road Newbury,NIA 019il • Tel/172x978.46.3.9226
October 14, 1998
"V
Stephen Dibble OCT16 Salem Conservation Commission
One Salem Green
Salem,MA 01970 Salem P�F:nni -;g Dept.
Re: Orleans Realty Trust
17 Orleans Avenue
Salem,MA
Dear Mr. Dibble:
Please find enclosed two(2)copies of a revised site plan showing the grading proposed within the
drain easement,as discussed at the public hearing on October 8, 19". If this is satisfactory,we
would appreciate if,you would forward a copy to the City Engineer for his approval as well.
If you should have any questions or require additional information,please do not hesitate to
contact me at(978)463-9226.
Very truly,
RIMMERONMENTAL CONSULTING
�dLrrw.�
Mary Itimmer
Wetland Ecologist
����:�����,� c�itp of �aCem, �Iasgacfjugerr�
Mepartment of Public AWWcez
y ' Otte 6alem Orem
(508) 745-9595 Cxt. 321
STANLEY 1. BORNSTEIN,P.E.
City Engineer I= (508) 745-5877
Director of Public Services
November 5, 1998
TO: Steve Dibble s,
FROM: Mike Collins /
RE: 17 Orleans Avenue
I have reviewed the plans of the proposed project. I believe the intent of the project is to
remove enough fill to promote overland flow of the drainage from the land to the east.
To do this, it may be necessary to remove slightly more fill than is shown on the plan. At
the same time, I am concerned with leaving adequate cover on the pipe. I would still like
to reserve final judgement for an in the field inspection when the work is being
performed.
I would like to make it clear that the final goal is to have overland flow from the yards to
the east. The lowest grade of the back yard should not be within five feet of the
centerline of the pipe. The contractor should exercise caution around the drain as it will
not be very deep when finished.
e Citp of *alem, Alam6atbuott.4
;Department of Public 6erbiceg
(One 6alenl green
(978) 745-9595 (Ext. 321
STANLEY I.BORNSTEIN,P.E.
City Engineer fax: (978) 745-5877
Director of Public Services
December 29, 1998
TO: Steve Dibble
FROM: Mike Collins
RE: 17 Orleans Avenue
I inspected the site work at the above-mentioned property. I believe the contractor has
removed enough fill to promote overland flow in the event the drainage system fails. As
such, I am satisfied with the work to date.
i
t�
RIMMER
ENVIRONMENTAL .CONSULTING
I 21 Pine Island Road Newbury,-MA 01951 •. Tel/Fax978.463.9226
`September 11, 1998
Conservation Commission
City Hall
One Salem Green 'lam'
Salem, MA 01970
SEP- 1 1 1323
Re: Notice of Intent Salemmann.-Jgj Dept.
Orleans Realty Trust",
17 Orleans Avenue
Salem,MA
Dear Commission:
On behalf of Orleans Realty Trust, please accept the enclosed Notice of Intent as well as a check
in the amount of$137.50 for filing fees"associated with"this,project
The proposed work involves the construction of a single family home,with driveway and
appurtenances,within the buffer zone to bordering vegetated wetlands.
We request that this project be,scheduled for a public hearing on September 24, 1998. If you
should have any questions,or require additional information prior to the scheduled public hearing
on July 28, 1998,please feel free to contact me.
Very truly,
RIMME 4VIRONMENTAL CONSULTING
any kr'mmer
Wetland Ecologist
C: DEP-NE Region
NOTICE OF INTENT.
MGL Ch. 131 S. 40
for
Orleans Realty Trust
17 Orleans Avenue
Salem,MA
prepared by:
RIMMER ENVIRONMENTAL CONSULTING
21 Pine Island Road
.Newbury, MA 01951 "
and
McKENZIE ENGINEERING,GROUP, INC.
196 Central Street
Saugus, MA
September 11, 1498 • -
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued - -
DEP File No.
(To be provided by DEP)
Form 3
City/Town SALEM
Applicant ORLEANS '..
REALTY TRUST
Commonwealth Department of
of Massachusetts Defense
United States
America
Notice of Intent
Under the
Massachusetts Wetlands Protection Act,G.L c.131,§40
and
Application for a Department of the Army Permit
.Part I:General Information
1. Location: Street Address 17 Orleans Avenue, Salem
Lot Number Tax Mai)8. Lot 39
2. Project: Type Residential Description Project consists of the construction of
a single family home and associated site work within the 100 ft. buffer zone to
a bordering vpgetated wetland resource area. The work involves regrading,
installation of utilities. and construction of asphaft driveway.
3. Registry: County Essex South Current Book &Page
Certificate(if Registered Land) 66644
4. Applicant Orleans Really Trum
st Tel. (978)744-8135
Address 18 Puritan Road. Sale . MA 01970
5. Property Owner Orleans Really Trust Tel.
Address 18 Puritan Road. Salem MA 01970
6. Representative Rimmer Environmental Consulbn Tel. (978)463 9226
Address 21 Pine Island Road Newbury, MA01951
7. a.Have the Conservation Commission and the Department's regional Office each been
sent,by certified mail or hand deliver,2 copies of completed Notice of Intent,with
supporting plans and documents?Yes® No
b. Has the fee been submitted? Yes® No
c. Total Filing Fee Submitted $250.00
d. City/Town Share of Filing Fee$137. _State Shae of Filing F
(Sent to City/town) (%2 of fee in excess of$25,sent to DEP)
e.Is a brief statement attached indicating how the applicant calculated the fee?
Yes® No ❑
4/1/94 310 CMR-41 t
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
8.Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes❑ No®
obtained Applied for: Not Applied For
Building Parmft
9. is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131, §40A or G.L.
c. 130, §105? Yes❑ No
10. List all plans and supporting documents submitted with this Notice of Intent
Identifying
Number/Letter Title,Date
t.0 USGS Site Logs
2.0 erect Narrative
.4 Site Plan -
11. Check those resource areas within which work is proposed:
(a) ® Buffer Zone(Bordering Vegetated Wetland)
(b)Inland
❑Bank* Land Subject to Flooding
❑Bordering Vegetated Wetland' ❑Bordering
❑Land Under Water Body&Waterway ❑ Isolated
(c) Coastal
❑Land Under the Ocean* ❑Designated Port Area
❑ Coastal Beach* ❑Coastal Dune
❑Barrier Beach* ❑Coastal Bank
❑Rocky Intertidal Shore' ❑Salt Marsh
❑Land Under Salt Pond" ❑Land Containing Shellfish
❑Fish Run*
*Likely to involve U.S.Army Corps of Engineers concurrent jurisdiction.See General Instructions for
Completing Notice of Intent.
4/l/94 310 CMR-412
310 CMR:DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99:continued
12.-Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map of
State-Listed Rare Wetlands Wildlife(if any)published by the Natural Heritage and Endangered Species
Program?
YES❑ NO® Date printed on the Estimated Habitat Map
NO MAP AVAILABLE ❑ (if mry)1997-98 Edition
Ifyes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species
Program via the U.S.Postal Service by certified or priority mail(or otherwise sent it in a manner
that guarantees delivery within two days)no later than the date of the filing of this Notice of Intent
with the conservation commission and the DEP regional office?
YES❑ NO❑
If you please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered
Species Program.
Part H:Site Description
Indicate which of the following information has been provided(on a plan,in narrative description or calculations)to clearly and
accurately describe existing site conditions.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Natural Features
3.0 Soils
3 n Vegetation
3.0 Topography
WA Open water bodies(including ponds and takes)
N/A Flowing water bodies(including streams and rivers)
N/A Public and private surface water and ground water supplies on or within
100 feet of site
N/A Maximum annual ground water elevations with dates and location of test
3.0 Boundaries of resource areas checked under Part 1,Item B above
Other
Man-made Features:
3.0 Structures(such as buildings,piers,towers and headwalls)
3.0 Drainage and flood control facilities at the site and immediately off the site,
including culverts and open channels(with inverts),dams and dikes
3.0 Subsurface sewage disposal systems
3.0 Underground utilities
4/1/94 310 CMR-413
310 CMR:DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
3.0 Roadways and parking areas
3.0 Property boundaries,easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or calculations)to clearly,
completely and accurately describe work proposed within each of the resource areas checked in Part I item 0 above.
Identifying
Number/Cztter
(of plan,narrative
or calculations)
Planview and Cross Section of:
3.0 Structures(such as buildings,piers,towers and headwalls)
3.0 Drainage and flood control Facilities,including culverts and open
channels(with inverts),dams and dikes
3.0 Subsurface sewage disposal systems&underground utilities
N/A Filling,dredging and excavating,indicating volume and composition of
material
N/A Compensatory storage areas,where required in accordance with Part III,
10.57(4)of the regulations.
WA Wildlife habitat restoration or replication areas
3.0 Other
Point Source Discharges
3.0 Description of characteristics of discharge from Point source(both closed
and open channel),when point of discharge falls within resource area
checked under Part 1,Rem II above,as supported by standard engineering
calculations,data and plans,including but not limited to the following:
1. Ddi xwm of the dtaaege area ccumbniogto the polo[of disdtuge;
2 Pre-sod Past-0etelapmot peek nmoff Dom the dmmagc area,a the point of disci ,fora lent the 10-year and 100-year fiequency
aotm;
3.Prt andPaet-0nelopmea ate ofmOhaim=mb,"to the reswoQ sera clerked under Part I,hem 11 ahme;
4.Estmtaed weerNa quality o Pre-md!�-&w1 mt ffathe point fi sdLarF
4/1/94 310 CMR-414
310 CMR:DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99:continued
Part IV:Mitigating Measures
1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each
resource area specified in Part II or Part III of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part H or Part in of the
regulations do not apply.
❑ Coastal Resource Area Type: Identifying number or letter of
❑ Inland support documents
❑ Coastal _ Resource Area Type: Identifying number or letter
❑ Inland of support documents
4/1/94 310 CMR-415
310 CMR:DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99:continued
❑ Coastal Resource Area Type: Identifying number or letter of
❑ Inland support documents
2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter
an area specified in Part I,Section 10.02(I)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the performance
standards establishes for the adjacent resource area,specified in Pan B or Part III of these regulations.
❑ Coastal Resource Area Type Bordered Identifying number or letter of
® Inland By 100-Feet Discretionary Zone: support documents
Bordering Vegetated Wetland
Refer to the attached narrative for a detailed explanation of mitigation 2.0&3.0
measures.
411/94 310 CMR-416
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Part V:Additional Information for a Department of the Army Permit
I. COE Application No.
(to be provided by COE)
2.
(Name of Waterway) -
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those that would
eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8'h"x I I"drawings in planview and cross-section,showing the resource area and the proposed activity within the
resource area Drawings must be to scale and should clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal Permit can be issued,Certification may
be obtained by contacting the Division of Water Pollution Control,I Winter Street,Boston,Massachusetts,02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the
applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved
program.
Information provided will be used in evaluating the application for a permit and is made a matter of public record through
issuance of a public notice.Disclosure of this information is voluntary,however,if necessary information is not provided,the
application cannot be processed nor can a permit be issued
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents and
supporting data are true and complete,to the best of my knowledge.
Si of Applicant Date
Signanae of pIicant's Representative Date
Form "EcoepUw to ENG Fotm 4345 approved by HOUSACE,6 May 1982'
NED 100 (Tan
1 May 82
The doewat motes ajo Dqp mt of the Amry and sme ofMawhb bn fir a pe to obtain
pe apafam smvmo mare Undrd Staa wanes.n Offft ofNiw.@ mt mid&ASO(OMB)ha appms
hmegoatiomtegwmdbythe USAmry CorpsofFngmees.OMBNombe(MM6ende phationdaneof30Septr bw
19a3 applim'. 7ha rtatenmt will be set m 6 pomt type.
4/1/94 310 CMR-417
FRPWk
p'\ ,n nwo
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ORLEANS REALTY LOCUS MAP
TRUST USGSSALEM QUADRANGLE
17 ORLEANS AVE. 1985 SCALE:1:25,000 FIG. 1.0
SALEM, MA RIMMER ENVIRONMENTAL CONSULTING
2.0 PROJECT NARRATIVE
INTRODUCTION
The proposed project is located on a 10,485 square foot lot off of Orleans Avenue,just east of the
intersection with Crosby Street. Activities proposed include the construction of a single family
home(approximately 816 square foot footprint), driveway and sewer and water service. All
activities are located within the buffer zone to a bordering vegetated wetland located off site to
the south and west.
WETLAND RESOURCE AREAS
With the exception of the southwestern corner of the lot,the project site itself does not contain
jurisdictional wetland resources. The lot appears to contain fill material and is vegetated
primarily with roadside weeds, including ragweed, mugwort,burdock and tansy and japanese
knotweed. An existing gravel drive currently passes through the lot to the rear of the property. At
the toe of the slope, off site on the adjacent Lot 42 is a bordering vegetated associated with an
intermittent stream. At the time of site investigations on July 20, 1998,there was no flow
observed within the stream,though there were pockets of shallow, standing water within the
channel. Most of the wetland contains non-native or invasive plant species,especially common
reed(Phragmites australis). Also observed were a few small American elm and willow along the
banks.
The boundary of wetlands were flagged in the field on July 20, 1998, in accordance with the
procedures established within the Massachusetts Wetlands Protection Act Regulations(310 CMR
10.00)and the DEP Delineating Bordering Vegetated Wetlands handbook(March, 1995). A
numbered sequence of flags(B4 to B 10)as shown on the accompanying site plan,was tied to
vegetation to delineate the boundary of bordering vegetated wetland(BVW)within 100 feet of
the proposed construction.
PROJECT IMPACTS AND MITIGATION MEASURES
The proposed construction is shown on the site plan approximately 59 feet from the closest point
of bordering vegetated wetland. A building envelope is also shown which is proposed to indicate
the range of potential alternative house locations on the lot. The applicant requests authorization
to,construct this structure anywhere within the indicated building envelope. A row of double
staked haybales and siltation fence,as shown on the site plan, is proposed to be installed prior to
construction, between the limit of work and the wetland boundary in order to minimize the
potential for migration of sediments into adjacent wetlands. There are not expected to be any
significant adverse impacts to wetland resources due to project construction.
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
I, Mary W. Rimmer, hereby certify under the pains and penalties of perjury that on September 11,
1998, I gave notice to abutters in compliance with the second paragraph of Massachusetts
General Laws Chapter 131 Section 40 and the DEP Guide to Abutter Notification dated April 8,
1994, in connection with the following matter:
A Notice of Intent under the Massachusetts Wetlands Protection Act by Orleans Realty
Trust of 18 Puritan Road in Salem, with the Salem Conservation Commission on
September 11, 1998 for property located at 17 Orleans Avenue.
The form of the notification and a list of the abutters to who it was given and their addresses are
attached to the Affidavit of Service.
a e Date
RIMMER
ENVIRONMENTAL CONSULTING
�f
21 Pine Island Road Newbury, MA 01951 Tel/Fax978-463-9226
September 11, 1998
BY CERTIFIED MAIL
Re: Notice of Intent
Orleans Realty Trust
17 Orleans Avenue
Salem,MA
Dear Abutter:
This is to inform you that a Notice of Intent under the Massachusetts Wetlands Protection Act has
been filed by Orleans Realty Trust for a single family home to be constructed at 17 Orleans
Avenue in Salem, MA. As an abutter within 100 feet of this property, we are required to notify
you of this application.
The project will be reviewed by the Salem Conservation Commission during a public hearing
tentatively scheduled for September 24, 1998. You are welcome to attend the hearing and
express any comments or concerns relating to the protection of wetland resources at this site. In
order to confirm the public hearing date and time, please call the City of Sak:m Planning Office at
(978)745-9595 ext. 311.
Should you have any questions concerning this project prior to the public hearing,please feel free
to contact me at(978)463-9226.
Very truly,
RIMMER ENVIRONMENTAL CONSULTING
4/
Mary Rimmer
Wetland Ecologist
Notification to Abut rs Ui the
Massachusetts Wetlands Protec- _on Act
In accordance with the second paragraph of Hassachusetts General Laws chapter
131, Section 40, you are hereby notified of the following.
A. The name of the applicant is Orleans Realty Trust
B. The applicant has filed a H§t' f Intent with the Conservation Commission
for the municipality of
seeking permission to remove, fill, dredge or alter an Area Subject to Protec-
tion Under the wetlands Protection Act (General Laws Chapter 131, Section 40) .
C. The address of the lot where the activity is proposed is
17 Orleans Avenue
D. copies of the Notice of Intent may be examined at
Salem City Hall - Conservation Office
between the hours of 8am and 44 pm on the following days of the week:
Mon-Wed and Sri ,Sam-71m Th„r
For more information, call: ( 97R ) 74s - osos axt. 311
Check one: This is the applicant ❑, representative ❑, or other ® (specify) :
City Planning and Cnnsprvatinn offira
E. Copies of the Notice of Intent may be obtained from either (check one) the
applicant ❑, or the applicant's representative k], by calling this telephone
number (978 ) 463- 9226 between the hours of Aan and _5pm on
the following days of the week: m- �-4
F. Information regarding the date, time, and place of the public hearing may be
obtained from CnnsPrvatinn Cnmmigginn
by calling this telephone number ( 978 ) 745 _9595: . piptween the
hours of Sam and _¢per_ on the following days of the week:
Mon - Wed and fBi. 8am-7pm Thur.
Check one: This is the applicant ❑, representative ❑, or other ® (specify) :
Conservation and Planning Office
NOTE: Notice of the public hearing, including its date, time, and place, will be
published at least five (5) days in advance in the Salem Evening News
(ruse of newspaper)
NOTE: Notice of the public hearing, including its date, time, and place, will be
posted in the City or Town Hall not less than forty-eight (48) hours in advance.
NOTE: You also may contact your local Conservation Commission or the nearest Depart-
ment of Environmental Protection Regional Office for more information about this
application or the Wetlands Protection Act. To contact DEP, call:
central Region: 508-792-7650 Northeast Region: 617-935-2160
southeast Region: 508-946-2800 Western Region: 413-784-1100
ABUTTERS LIST
17 Orleans Avenue(Map 8,Lot 39)
Salem,MA
Map/Lot Name Street Address Mailing Address
8/22 Lagonakis,Nondas 7 Thomas Circle 30 Fairview Ave
Salem,MA Salem, MA
8/23 Howland,Susan 5 Thomas Circle 3 Thomas Circle
Salem,MA Salem, MA
8/29 Amenta,Messina 296 Highland Ave. 305 N. Pompano Beach
Deschamps Salem, MA Blvd. 4510
Pompano Beach, FL
33062-5137
8/30 Joseph J.Gallo Tr. 288 Highland Ave. 288 Highland Ave.
Marion/Dietz Lucill Trs. Salem,MA Salem,MA
Highland Realty Trust
8/31 Nicastro, Andrew 284 Highland Ave. 286 Highland Ave.
Salem,MA Salem,MA
8/32 Giantonio,William J. 282 Highland Ave. 21 Weisner Pkwy.
and Eleanor A. Salem,MA Methuen, MA 01844
c/o Tine, Donna
8/37 Farmer,Barbara 13 Orleans Ave. 9238 Arlington Blvd.
Salem, MA Fairfax,VA 22031
8/38 Gallo,Orlando J. 15 Orleans Ave. 15 Orleans Ave.
Gallo,Josephine T. Salem,MA Salem,MA
8/40& Dionne,Ernest 19 Orleans Ave. and 19 Orleans Ave.
8/41 Claire R. Dionne I Crosby Street Salem,MA
Salem,MA
8/42 Rooney,John F. 3 Crosby Street 3 Crosby Street
Rooney, Kathleen E. Salem,MA Salem,MA
8/59 Chase,Benjamin N. 16 Orleans Ave. 16 Orleans Ave.
Chase, Esther M. Salem, MA Salem,MA
8/60 Durakovsky,Michael 14 Orleans Ave. 14 Orleans Ave.
and Emily Salem, MA Salem,MA
8/61 Walsh,James R. 12 Orleans Ave. 12 Orleans Ave.
and Winifred J. Salem, MA Salem,MA
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Wetlands Filing Fee Calculation Worksheet
For Notices of Intent Filed under the(Massachusetts Wetlands Protection Act(G.L. Ch. 131, Sec.40)'
CATEGORY 1 $55 Per Activity $ # CATEGORY 3 $525 Per Activity $ #
a. Existing House/Residential Lot(addition,deck — — a. Site Preparation for Development(except SFH ;
garage,pool.shed or driveway) including removal of vegetation, excavation & — —
b. Site Preparation(each Single Family House(SFH) _ _ wing when actual construction not proposed
lot; removal of vegetation, excavation grading under same NOI)
where house construction is not proposed under b. Construction of Each Building within Comma.
same N04 cial,Industrial,Institutional,orAparmtent/Condo/
c. Control of Nuisance Vegetation (removal, herbi- _ _ Townhouse Development(including: site prepa-
cides,etc.; per lot under 1033(4)) ration,retentionidetention basins,septic systems,
d. Resource Area lm under1033 ;otber parimglots,utilities,pointsoutcedischarges,pack-
Provemant( (4) — — age sewage treatment plants, roadways/drive-
than removal of aquatic nuisance vegetation) ways-except under 10.53(3e)if under single NOI)
e. Septic System (or any part thereof; construction, _ _ e. Each Roadway/Driveway Crossing (if not
replacement,upgrade) reviewable under 10.53(3e) or associated with
f. Monitoring Wells (installation activities except — — SFH)
access mad) d. Hazardous Waste Cleanup(except as in Cat 4) — —
g. New Agricultural or Aquacultural Projects — — e. Development, consauction, expansion, mainte- — —
TOTAL CATEGORY 1 ACTIVITIES _ _ nonce,operation,or replacement of public water
supply weilsorwellfielda derived from groundwa-
ter reviewable under 1033(3)(o)(does not include
CATEGORY 2 S250 Per Activity exploration)
a. Construction of Each New SFH (including site 250 TOTAL CATEGORY 3 ACTIVITIES — —
preparation, retention/detention basins, utilities,
septic systems, roadway/driveway except under CATEGORY 4 $725 Per Activity
10.53(3e);under single NOI)
b. Parking Lot(any size) _ _ a. Each Roadway/Driveway Crossing (under _ _
10.53(3e)associated with commercial,industrial,
c. Beach Nourishment(placement of sand) — — institutional development or residential subdivi-
d. Coastal Activities(pursuant to 10.24(7a-e)(includ- — — sion construction)
ing electric generating facilities, public utilities, b, Filed Control Activities reviewable under 10.53 — —
limited projects e.g.: repar/maintanance of exist- (3)(i)&(m)(includingconsruction,modification,
ing piers,buildings,culverts) or repair of strucbre such as a dam, reservoir,
e. Limited Project Activities(in 1033(d and f-1);per _ _ tidegate,sluiceway or appurtenant works)
footprint) c. Landfills (public & private); creation, mainte- —
f. Each Driveway Crossing (associated with a SFH — — trance,operation
pursuant to 10,53(3e)) d. Stud and Gravel Operations (creation, mainte- —
g. Any Point Source Discharge nonce,operation)
h. Control of Nuisance Vegetation(under 1053(4); _ — a Railroad Linea(new or extensions of existing) _ —
except on a SFH Lot) f. Bridges(construction,reconstruction,expansion, — —
i. Raising or Lowering Surface Water Lavels under _ _ maintenance;except for a SFH Lot)
10.53(3)(i)&(m) g. Alteration of Resource Area to DivertWater(asso- — —
j. Any Other Activity not described in Cat.l,3.4&5 _ _ ciated with hazardous waste cleanup,non-exempt
mosquito control projects,otherpurpose not idea-
k. Exploration for Public Water Supply Wells or _ _ dfied elsewhere in this schedule)
Wellfields derived from groundwater reviewable
under 10.53(3Xo)(does not include development, h. Dredging Activities in Water Bodies(except asso- —
construction,expansion,maintenance,operation or ciated with new dock,pier or other structural
replacement) i. Package Sewage Treatment Plant (construction; _ _
TOTAL CATEGORY 2 ACTIVITIES discharge from)
continued on beck
$ r
j. Airport Vegetation Removal Projects reviewable WORKSPACE
under 10.24(7xc)S and 10.53(3)(n)
it. Landfill Closure projects reviewable under 10.24 —
(7)(c)4 and 10.53(3Xp)
1. Response to Release or Threat of Release of Oil
and/or Hazardous Material reviewable under
10.24(7)(c)6 or 10.53(3)(g) (including activities
associated with assessment,monitoring,contain-
ment,mitigation,remadiation or other response;
including construction of structures)
TOTAL CATEGORY 4 ACTIVITIES
CATEGORY S $2 per Lb~Foot
Minimum$50. Maximum$IAW.
a. Docks, Pies, Revetments, Dikes or Other Engi-
neering Suuctmes (construction,reconstruction,
repair,orreplacement;coastal or inland;including
placement of rip-rap or otber material)
TOTAL CATEGORY 5 ACTIVITIES
TOTAL FILING FEE 2 5 0 1
(Sum of Totals in Categories I -5)
Person Calculating Fee Schedule
Rimmer Environmental Consulting
Address 21 Pine Island Rd.
Newbury, MA 01950
Telepbox =9226 -
Signs= Dace oe
•Categories as in 310 CMR 10.03(7)(e),Fees ar in 801 CAM 4.02
Prepared by the Massachusetts Arsociadon of Conservation C4mmis-
siom.Revised February 1994.
310 CMR:DEPARTMENT OF ENVIRONMENTAL PROTECTION
Forms: continued
NOTICE OF INTENT FEE TRANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND WATERWAYS
NOTICE OF INTENT(NOL)APPLICANT PROPERTY OWNER:
Name Oceans Really Trust Name Oceans Rea4 Truce
Streetlt3 Puritan Road Street 18 Puritan Rnad
City/Town-Salem City/Town Salem
State MA Zip Code 01970 State MA Zip Code t31970
Phone Number
PROJECT LOCATON:StreaUt Number 17 Odeans Avenue(Tax Mao 8 of +9)
City/Town Salem
DEP FILE NUMBER(if Available)
(ISQU FLING FEE DISPUTED FEE
Total NOI Filing Fee:$ 250.00 Total Disputed Fee:S
State Share of Filing Foe:$ 112.50 (as determined in Notice of Insufficient Fee later from
('/,of fee in excess of$25.00) conservation fission)
City/Town Share of State Share of Fee:S
Filing Fee:$ 137 90 (Yr of total disputed fee)
City/Town Stage of Fee:$
(%of total disputed fee)
INSTRUCTIONS:
1. Send this Fee Transmittal form and a check or money order,payable to the Commonwealth of Massachusetts,
to the DEP Lock BOX at:
Dept of Environmental Protection
Box 4062
Boston,MA 02211
2. Attach a gM of this form to the Notice of Intent submitted to the local Conservation Commission.
3. Attach a 2y of this farm and a 2W of the DEP check to each of the Notice of Intent forms submitted to the DEP
regional office.
4/Iroa
310 CMR•440
-------------------------
MARY W. RIMMER 5-13/110 869
DBA RIMMER ENVIRONMENTAL CONSULTING 9356B79870
21 PINE ISLAND RD,
/NEWBURY, MA 01951 DATE J0 4
FAY TO THE / Ar `��'
g ORDER OF l (L1 ) I $ /-37•P
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DBA RIMMER ENVIRONMENTAL CONSULTING 9356879870
21 PINE ISLAND RD.
/ -N�.E-WBURY, MA 01951 DATE �{ �0 4
PAY TO TH
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