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64-438 - 6 OSBORNE HILL DRIVE - CONSERVATION COMMISSION DEP"-c.Q'( - 93Z o5ll�c Qls NOT CA �9or�2 ThfllS �riV� CITY OF SALEM CONSERVATION COMM ISSION October 2,2007 Paul DiBiase Osborne Realty Trust PO Box 780 Lynnfield,MA 01940 Re: Certificate of Compliance—DEP#64-438—Lot 30: 6 Osborne Hills Drive, Salem,MA Dear Mr. DiBiase: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem,Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. Please note that Special Condition #46 is a perpetual condition, placing a Conservation Restriction on the land between the toe of the slope and the property line to be included in the property deed (See attached special condition for specific language). If you have any further questions please feel free to contact me at(978) 619-5685. Sincerely, Carey D ues Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection IV Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important:When filling out 1. This Certificate of Compliance is issued to: forms on the Osborne Realty Trust computer, use Name only the tab p0 Box 780 key to move your cursor- Mailing Address do not use the Lynnfield MA 01940 return key. City/ram State Zip Code .AIM pl 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Osborne Hills Realty Trust Name February 14 2007 64-438 Dated DEP File Number 3. The project site is located at: 6 Osborne Hills Drive (Lot 30) Salem Street Address City/town 9 0305 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex South 26818 202 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 18 and 26 2007 Date 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: wyafarm 8b.doc•rev.7113104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEPFile Number: WPA Form 8B — Certificate of Compliance 64-438 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ 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: p-#%. A Ufnp(Vo_k� Qesk-c� 5Wi (x irvy.L14� 44.4 &2k Lu 7uK (a�cl -tc, -6,1- doe 4'l c, Year VI wo0f1 -Io `trlt_ QID ctf� line &+13 e(te. -g.2,r��,.�,� cA•n�,i�ilms (;N SD2CteZ �a�ngva�2 C. Authorization 1 d Issued by: ��aa �7 Salem Q c ��wr Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and op 7eReonal Office ( e Attachment). Signatures: v,aform 8o Goc•rev.7/13104 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: -' WPA Form 8B — Certificate of Compliance 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cost.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 27 Of September 2007 Day Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, M. Blier, D. Summer, and K. Glidden, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town CAREVN0W iL OUOIJES 1N ar■MMOU J, fMp Ci011Y1"wi s"M AVISIM K 2M7 Signature of ttary Public Carey R. Duques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform Wow•rev.7113104 Page 3 of 4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 ` 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §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: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Lot 30: 6 Osborne Hills Drive 64-438 Project 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 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 wpaform 8b doc•rev.7/13/04 Page 4 of 4 I Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP Regional Addresses Massachusetts Wetlands Protectinn0cLM-G-L.c.s31,§40 _—__- Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Planfeld Wales g Afford Cumnington Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Waddell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremcnl Holyoke New Marlborough Sheffield Westhampton Blanchard Ending Huntington New Salem Shelburne West Springfield Bmeld Flonda Lanesborough North Adams Shueesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whaleiy Chademonl Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levereft Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Wiflamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Pew Tolland DEP Central Region Anon Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Miliville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Hai Northbarough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbnege West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barra Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Slow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Hakim Mention Princeton Tyngsporough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Maltapasett Provincetown Tisbury 20 Riverside Drive Acushmet Dennis Gay Head Middleborough Raynham Tmm Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester WellAeet Phone:508-946-2700 Barnstable Eastham Hanover North Atlleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Nortan Sa dwich Westport Bourne Easton HaMicb Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown IOngstan Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Odeans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marian Plainville Stoughton Chadds. Foxborough Marshfiad Plymouth Swansea Chilmark Franklin Mashpee Mynptcn Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Cohassel Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Linc An Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newthurypwl Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham WAnington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Tomfield wpaformBb.doc•DEP Addresses•rev.102/07 Page t of 1 i Attachment to Order of Conditions # 64-438 v Page 6of 6 45. The applicant shall create a step between the two retaining walls that run along the northern side of Lot 30. The step shall be 4-5 feet wide in the zone where the wall is over 10 feet in height. The step shall be planted with vegetation recommended by a wetlands scientist and approved by the Conservation Commission or the Conservation Agent. PERPETUAL CONDITIONS 46. A Conservation Restriction shall be included in the deed for the land from the toe of the retaining wall to the property line on Lot 30, including the stepped vegetated area between the two retaining walls. The applicant is to provide the Commission with language for a Conservation Restriction 45 days from the issuance of this Order of Conditions informing the homeowner their property abuts a resource area and specifically prohibits activities relating to dumping,cutting down trees, removing vegetation from the stepped area between the two retaining walls or disturbing this area that abuts the wetlands. The conservation restriction shall be included in deed before the Certificate of Occupancy is issued or the conveyance of Lot 30,which ever comes first. RECEIVED S 2 0 NM DoBiase DEPT.T.OF PLANNINGING& � COMMUMTYDEVELOPMENT September 18, 2007 Mr. Kevin P. Cornacchio Chairman of the Conservation Commission 120 Washington Street Salem,MA 01970 RE: Certificate of Compliance Lot 29 &30 Osborne Hills Sub-division Dear Chairman Cornacchio; ` This letter is to inform you that the above referenced lots are completed and grading is reflected in the Certificate of Compliance plan submitted to Carey Duques,the Conservation Commission Agent for distribution to the board. Could you kindly put us on your next regularly schedule meeting Thursday, the 270,of September, at which time we will be requesting a Certificate of Compliance from the board for both of the above referenced lots. I can be reached at any time at 781-844-7026 Thank you in advance for you cooperation in this matter. Z Biase, President Corporation P.O. Box 780 • Lynnfield, MA 01940 P. 781.334.9899 • R 781.334.0111 www.dibiasehomes.com info@dibiasehomes.com CITY OF SALEM CONSERVATION COMMISS ION PROJECT LOCATION: --U /+I DATE OF SITE VISIT PROJECT PROPONENT 11 N11 e� II DEP FILE NUMBER:G4- �/38��_Y� PROPOSED WORK: 5t*AO. 6A 4 IN AT1I�QANCs < �� rr g w ''3 'x34`T' r"e Commission Members/Agent: N Abutters: Applicant/Property Owner/Representative: SITE VISIT PURPOSE Request for Determination Abbreviated Notice of Resource Area Delineation Notice of Intent Certificate of Compliance ❑Enforcement/Violation Emergency E] Informal AREAS OF]URISDICTIONtv'z=d INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑IIank Land Subject to Coastal11 Land Under the Ocean ❑Bordering Vegetated Wetland Storm Flowage ❑Land Subject to Flooding Designated Port Area ❑Coastal Beach ❑Land Under Water Bodies or Waterway El Coastal Dune ElBarrier Beach Name: ❑Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh Land Under Salt Pond ❑Vernal Pools Land Containing Anadromous/Cata- Shellfish dromous Fish Run ❑Bordering Vegetated Wetland in Coastal Area 120 W.ASHtNGTON STREET, SALEM, NIASSACHL;SErrs 01970 TEL: 978.745.9595 FAX: 978-740.0404 • WWW.sat Est Cp,N ❑Water Body Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune sus r. r-mates Protection of Water Supply Protection of Groundwater Supply Flood Control torm Damage Prevention Prevention of Pollution ❑Protection of Fisheries M Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SM=VISITZOCUMENTI4TI0N.. ❑Photos ❑ Site Map ❑Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. 1 Lok 30 No \Qe� 4w-k/) 2�121h?l 181d L�a ?j( y 1��A ID39 has Professional Land Surveyors& Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 March 21, 2007 BRADFORD&WEED 1885- 1972 Ms. Carey R. Duques, Conservation Administrator RECEIVED Salem Conservation Commission 120 Washington Street MAR 2 2 2007 Salem, MA. 01970 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT RE: F12795 OSBORNE HILLS —MARLBOROUGH RD. SALEM, MA. LOT 29 DEP FILE NO. 64-439 LOT 30 DEP FILE NO. 64-438 Dear Ms. Duques: On behalf of Osborne Hills Realty Trust, I request an appointment with the Commission to discuss a proposed modification to the plans for the referenced lots. The houses and drives are the same as was shown on the original filing. The Applicant has provided some updated information as to size and configuration of the retaining walls and wishes to grade the lots somewhat differently than was originally proposed. If possible, we would like to be on the agenda for the meeting of April 12, 2007 to discuss the proposed modifications. Twelve copies of the revised plan accompany this letter. If there are any questions, please do not hesitate to call. % .Very truly yours, James H. MacDowell JHM:aIv Attachment CC: Mr. Paul DiBiase 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX 978-531-5920 Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 April 25, 2007 Ms. Carey R. Duques, Conservation Administrator Salem Conservation Commission 120 Washington Street Salem, MA. 01970 RE: F12795 OSBORNE HILLS SALEM, MA. Dear Carey: I'm providing herewith four copies of the plan for Lot 29 Osborne Hill Drive which has been revised to show the wall realignment as discussed with the Commission. If there are any questions, please do not hesitate to call. Very truly yours, I s H. MacDowe JHM:aIv Attachment CC: Mr. Paul DiBiase(letter only) 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX: 978-531-5920 i� �COIJDIpA. _ ,f. CITY OF SALEM CONSERVATION COMMISSION May 2, 2007 Mr. Paul DiBiase Osborne Hills Realty Trust PO Box 780 Lynnfield, Massachusetts 01940 Re: Notice of Project Change—DEP#64-438 and#64439 Lots 29 and 30 Osborn Hills Drive, Salem MA Dear Mr. DiBiase: Per the meeting with the Conservation Commission on April 26, 2007, the Commission agreed to minor changes to the design of Lots 29 and 30 as discussed at the meeting; location of the retaining wall and minor grading changes. The Commission understood that the prospective homebuyers requested a larger lawn which resulted in the need to modify the location of the retaining wall on Lots 29 and 30. The Commission received an updated plan titled Site Development Permit Plan with a scale of 1"=20' revised on March 22, 2007 stamped by Christopher R. Mello. However, since this approval of minor changes was granted the Commission was notified of an additional change, an increase in the footprint of the homes on Lots 29 and 30. As indicated on the plan and in the Order for DEP#64-439 and#64438,the conservation restriction still exists for the area from the toe of the slope to the property line and the wording approved by the Commission shall still apply to the areas identified by the hash marks on the plan noted above. Per our most recent phone conversation on April 27, 2007, I wanted to reiterate that the Commission was made aware at the Conservation Commission hearing on April 26 that you have requested different homes to be built on Lots 29 and 30 that differ from the plans approved on March 22, 2007. The Commission requests that updated drawings reflecting the correct house footprints be submitted to the Commission for their review and approval at their next meeting to be held May 17, 2007. As a friendly reminder of the procedure per the Wetlands Protection Act, several steps have to be taken prior to starting construction on either of the lots: 1) the order(s) needs to be recorded at the Registry of Deeds, 2) a sign showing the DEP number visible form a public way needs to be hung 3) erosion control measures are to be in place and 4) a pre- construction meeting is to be held at both of the Lots. I understand that the Commission and I visited these lots during a site visit held on Saturday February 3, 2007. However, r per the Order of Conditions issued by the Commission on February 14 2007 a pre- construction meeting has to take place prior to the start of construction. Please contact me ASAP so I can understand where the project stands and schedule a pre-construction meeting. If you have any further questions, please feel free to contact me 978.619.5685. Sincerel , Carey Du ues Conservation Agent/Staff Planner CC: Attorney John Keilty Jim McDowell, Eastern Land Survey 0 CITY OF SALEM CONSERVATION COMMISSION February 14, 2007 Mr. Paul DiBiase Osborne Hills Realty Trust PO Box 780 Lynnfield, Massachusetts 01940 Re: Order of Conditions—DEP #64-438 Lot 30 Osborne Hills Drive, Salem MA Dear Mr. DiBiase: Enclosed, please find the Order of Conditions for the above referenced project. ing the 10-day appeal period (as of February 24, 2007), this document and the acned Special Conditions must be recorded at the Essex County Registry of Deeds (36 ederal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. dicated in the Order, prior to any work commencing, this Order must be recorded, a sign . .ill be displayed showing DEP File # 64-438 within public view, and contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978.619.5685. Sincerely, Carey Duc es Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Attorney John Keilty 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745,9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: t,Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. N Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Osborne Hills Realty Trust use the return a.First Name b.last Name c.Company key. PO Box 780 d.Mailing Address n0 Lynnfield MA 01940 e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: Lot 30 Osborne Hills Drive Salem a.Street Address b.City/Town Map 9 Parcel 1 (portion) c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if.known (note: 42-30-23 70-55-40 electronic filers will click for GIS locator): e.latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 17338 313 c.Book d. Page �. Dates: November 17, 2006 February 8, 2007 February 14 2007 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan a. Plan Title Eastern Land Survey Associates Chris Mello Christopher Mello Land Surveyor b. Prepared By c.Signed and Stamped by February 5 2007 1"=20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date •wpalormsdoc• rev.311/05 Pagel of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. 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. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution f. ® Protection of Wildlife d. ® Private Water Supply e. ❑ Fisheries Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are 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. 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 these interests, 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) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet 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 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpaforra5.d=• rev.3/1/05 Page 2 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet to.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet In.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq It within 100 it - c.square feet d.square feet e.square feet T—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) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feel b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below b.square feet c.Gy nourishmt. d.Gy nourishmt.13. ❑ Coastal Beaches a.square feet 14. ❑ Coastal Dunes a.square feet b.square feet c.c y nourishmt. d.Gy nourishmt is. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feel b.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.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doo• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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. 7. 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. 8. 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 this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-438 " Page 4 of 9 wpaiorm5.doc• rev.3/1I05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. 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. 14. 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. 15. 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. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document Page 5 of 9 wpaformSAm, rev.311105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The hereby finds (check one that applies): Conservation commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: b.Citation a. Municipal Ordinance or Bylaw 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. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions,select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document Page 6 of 9 •xpaformsdx, rev.3/1/05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands LI WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special no Vuelu -AI condition pursuant to General Conditions #4, from the date of issuance. gate of f u ce Please indicate the number of members who will sign this form: iv4. This Order must be signed by a majority of the Conservation Commission. 2. Number of Ig ers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. i Signatures ` � � /- � / t .�3%��'--`� Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 8 of February 2007 Day Month Year Before me, the undersigned Notary Public, K. Cornacchio, J. Furnari, D. Pabich, D. personally appeared Summer, and K. Glidden proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Cityrrown i CAREY R. DUQUES tuy Cenxniesfon Expires lwgtut 18.2013 Signature of tary Public Carey R. ques Printed Name of Notary Public Place notary seal and/or any stamp above August 16 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by c nified mail, return receipt requested,on Date Date wpaform5.tloc• rev.311105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-438 ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 DEP 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 Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.311/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-438 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Registrys Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Salem Conservation Commission 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: Lot 30 Osborne _Hills Drive 64-438 Proje Location DEP File Number n r_ Jed at the Registry of Deeds of: ---- Book Page Property Ow, and -ias �--en noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.3/7I05 Attachment to Order of Conditions # 64-438 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-438 Lot 30 Osborne Hills Drive (off Marlborough Road) City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal 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 home, associated utilities, driveway, retaining wall, re- grading and landscaping on Lot 30 located on Osbome Hills Drive in Salem. Proposed and approved work will occur within the Buffer Zone of Bordering Vegetated Wetlands. The approved work is noted on the approved plans cited on the Order of Conditions. The proposed retaining wall requires an approval from the building inspector. Several trees located adjacent to the wetlands were cut down during the construction of the roadway. The Conservation Commission requires that three trees are planted, one within the property line of Lot 30 and two between the property line and the wetlands to provide a canopy for the wetlands that abut the property. The types of trees and approved locations are specified on the approved plans. The Commission also requires that a step be created between the two retaining walls that run along the northern side of Lot 30. The step shall be 4-5 feet wide in the zone where the wall is over 10 feet in height. The step shall be planted with vegetation recommended by a wetlands scientist. The Commission also requires that a Conservation Restriction be included in the deed for the land from the toe of the retaining wall to the property line including the stepped vegetated area between the two retaining walls. The i to provide the Commission with language for a Conservation Restriction 45 days from the issuance of applicant sY PP P this Order of Conditions informing the homeowner their property abuts a resource area and specifically prohibits activities relating to dumping, cutting down trees, removing vegetation from the stepped slope, or disturbing this area that abuts the wetlands. The Commission requires that the conservation restriction be placed on the property's deed before the Certificate of Occupancy is issued or the conveyance of Lot 30,which ever comes first. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(all 6 pages) 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. Z Attachment to Order of Conditions # 64-438 Page 2of 6 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, a sign shall be displayed showing DEP File#64-438, and 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, 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. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Attachment to Order of Conditions # 64-438 Page 3of 6 Final Approved Plans Site Development Permit Plan Located in Salem MA (Title) Rev.Feb 5,2007 (Dated) Christopher R.Mello Land Surveyor (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 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#46 as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall he a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator 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 Commission Agent at(978)745-9595 ext 311 at least forty-eight(48) hours prior to any activity 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 Administrator 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 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. Attachment to Order of Conditions # 64-438 Page 4of 6 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 the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission 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 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 areas 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 silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. l_ Attachment to Order of Conditions # 64-438 Page 5of 6 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. (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 Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. Applicant shall obtain necessary permits from the building inspector for the construction of the retaining wall on Lot 30. 44. Applicant shall plant three trees, one within the property line and two between the property and the wetlands. Types and locations are specified on the approved plans. m Attachment to Order of Conditions # 64-438 Page 6of 6 45. The applicant shall create a step between the two retaining walls that run along the northern side of Lot 30. The step shall be 4-5 feet wide in the zone where the wall is over 10 feet in height. The step shall be planted with vegetation recommended by a wetlands scientist and approved by the Conservation Commission or the Conservation Agent. PERPETUAL CONDITIONS 46. A Conservation Restriction shall be included in the deed for the land from the toe of the retaining wall to the property line on Lot 30, including the stepped vegetated area between the two retaining walls. The applicant is to provide the Commission with language for a Conservation Restriction 45 days from the issuance of this Order of Conditions informing the homeowner their property abuts a resource area and specifically prohibits activities relating to dumping, cutting down trees, removing vegetation from the stepped area between the two retaining walls or disturbing this area that abuts the wetlands. The conservation restriction shall be included in deed before the Certificate of Occupancy is issued or the conveyance of Lot 30,which ever comes first. Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem important: City/Town When filling out A. General Information forms on the computer, use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your Lot 30 Osborne Hill Drive Salem 01970 cursor-do not a.Street Address use the return b.City/Fown c.Zip Code key. Latitude and Longitude: 42-30-23 70-55-40 d. Latitude e. Longitude 9 1 (portion) f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: Osborne Hills Realty Trust a. First Name b. Last Name c.Company Note: P. O. Box 780 Before d. Mailing Address completing this Lynnfield MA 01940 form consult your local e.Citylrown f.State g.Zip Code Conservation 781-844-7026 Commission h. Phone Number i. Fax Number j. Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a. First Name b. Last Name c.Company d. Mailing Address e. City Town f.State g.Zip Code K. Phone Number i. Fax Number j. Email address 4. Representative (if any): a. Firm Attorney John Keilty b. Contact Person First Name c.Contact Person Last Name 40 Lowell Street d. Mailing Address Peabody MA 01960 e.Citylrown f. State g.Zip Code 978-531-7900 h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid 6. General Project Description: Construction of single family dwelling, grading, retaining wall, utility connections and landscaping in the buffer zone. wpaform3.doc•rev.4/12/06 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town A. General Information (continued) 7. Project Type Checklist: a. ® Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: Essex So. District 313 a.County b. Page Number 17338 c. Book d. Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ® Yes-answer 11 below, then skip to Section C. b. ❑ No -skip to Section B. 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ® BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d. linear feet wpaform3.doc•rev.4/12/06 Page 2 of 7 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town B. Resource Area Effects 1. Inland 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. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1. linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the Department. d. ❑ Bordering Land Subject t0 Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced ❑ For f. ❑ Riverfront area 1. Name of Waterway(if available) projects impacted by 1.Width of Riverfront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. - New agricultural projects only resource area, add ❑ 200 ft. -All other projects 50% to the total fee. 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b. Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaform3.doc•rev.4/12106 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b ❑ Land Under the Ocean 1. square feet your receipt page) with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1. Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1. Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1, Square feet h. ❑ Salt Marshes 1. Square feet 2.Sq ft restoration, rehab.,or creation i. ❑ Land Under Salt Ponds 1.square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. 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 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev.4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ® Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page) with all 4 ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50%or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining how the resource Pp D. Other Applicable Standards and Requirements area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? 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 Atlas Route 135, North Drive b. Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Division of Marine Fisheries - Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ❑ Not applicable—project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.4/12/06 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: Stormwater management was addressed in the NOI for the subdivision -See O.O.C. DEP File#64- 418. E. 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. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ 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. T ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ❑ Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.4/12/06 Page 6 of 7 i Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: I331 �q II )I -7/a6 1. Municipal Check Number 2. Check 1 date I'3 3�s 3.State Check Number 4. Check date 5. Payor name on check:First Name 6. Payor name on check: Last Name G. 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 require M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (retu recei est ) to all abutters within 100 eet of the property line bf the project IocaCtion. atur of Applicant Date Signature Prope er(i diff ). Date if dSTf �_ Sign a of R tative(if ny) Date For C servatio o ission: T copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NO)Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, 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. wpaform3.doc•rev.4/12/06 Page 7 of 7 l 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 Osborne Hills Realty Trust key to move a. First Name b. Last Name c.Company your cursor- P. O. Box 780 do not use the d. Mailing Address return key. Lynnfield MA 01940 e.City[Town f.State g.Zip Code td 781-844-7026 h. Phone Number a� 2. Property Owner(if different): a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number 3. Project Location: Lot 30 Osborne Hill Drive Salem a. Street Address b. City/Town To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for 9 9 P filling out WPA Instructions before filling out worksheet. Form 3 (Notice of Intent). Step 11Type of Activity: Describe each type of activity that will occur in wetland resource area and bufferzone. 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. Wpaform3.doc•N01 Wetland Fee Transmittal Farm•rev.3/1/05 Page 1 of 2 71 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form 1 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 Category 1 $500.00 $500.00 (Single Family Dwelling) Step 5/1rotal 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. 112 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. c.) To DEP 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. 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