64-468 - 1 PARALLEL STREET - CONSERVATION COMMISSION DAP
Mara e,� Lo} C,
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Professional Land Surveyors& Civil Engineers
ESSEX SURVEY SERVICE 1958- 1986
March 12, 2012 OSBORN PALMER 1911 - 1970
6RADFORD&WEED 1885- 1972
Ms. Julia Knisel, Chair
Salem Conservation Co
mmission
Salem City Hall
93 Washington Street
Salem,MA 01970
RE: F 14688
DEP 64-468
LOT C
1 PARALLEL STREET
SALEM, MA
Dear Madam Chairperson:
I have completed an As Built Plan of the above referenced property and review the
Order of Conditions. I found the project to be in substantial compliance with the Plan
And note the following deviations.
The dwelling is smaller than approved.
The deck is smaller than approved.
Please find enclosed several copies of the aforementioned As Built Plan.
Sincere
Chnstopher R. Mello,PLS
President
CRM:lc
cc: Attorney Stephen Lovely
Enclosures
104 LOWELL STREET
PEABODY, MASS. 01960
TELEPHONE: 978-531-8121 FAX: 978-531-5920
ILIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 8A — Request for Certificate of Compliance 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This request is being made by:
forms on the Stephen Lovely
computer, use Name
only the tab
key to move 14 Story Street
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
978-745-8274
Q Phone Number
2• This request is in reference to work regulated by a final Order of Conditions issued to:
Stephen Lovely
Applicant
November 8, 2007 64-468
Dated DEP File Number
Upon completion
of the work 3. The project site is located at:
authorized in 3 Parallel Street
an Order of Salem
Conditions,the Street Address Cityrrown
property owner Map 23 Parcel 247 Lot C
must request a Assessors Map/Plat Number - Parcel/Lot Number
Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for:
Compliance 9 rY
from the issuing Stephen Lovely
authority stating Property Owner(d different)
that the work or portion of the Essex(South) 27648 437
work has been County Book Page
satisfactorily N/A
completed. Certificate(if registered land)
5. This request is for certification that (check one):
® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
❑ the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpakm 8a.dw••rev.7113/04
Pepe 1 M 2
Massachusetts Department of Environmental Protection
LF I Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8A — Request for Certificate of Compliance 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information (cont.)
6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain
an approval of any plans stamped by a registered professional engineer, architect, landscape
architect, or land surveyor?
® Yes If yes, attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation, if any, exists from the plans
approved in the Order.
❑ No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office(see http:/twww.mass.gov/deD/about/re.gion/flindvour.htm).
wparormae.aaa••w.maroa
Page 2 of 2
CITY OF SALEM
CONSERVATION COMMISSION
April 27, 2012
Stephen Lovely
14 Story Street
Salem, MA 01970
Re: Certificates of Compliance DEP #64-468 and 64-469: Parallel Street Lots B and C
Dear Mr. Lovely:
Enclosed, please find the Certificates of Compliance for the above referenced property.
These Documents must be recorded at the Essex County Registry of Deeds. Please fill
out and return the Recording Information on page 3 of the Certificates of Compliance,
which will indicate to the Salem Conservation Commission that the document has been
recorded.
If you have any further questions please feel free to contact me at (978) 619-5685.
Sincerely,
Tom D 'ne
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
b 1
Massachusetts Department of Environmental Protection
— Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 86 — Certificate of Compliance 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Providedby DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Stephen Lovely___only the tab key Name
to move your 14 Story Street____
cursor-do not
use the return Mailing Address --
key. Salem MA _ 01970
�- City/Town State Zip Code
ree 2. This Certificate of Compliance is issued for work regulated by a final Order of
n ,p Conditions issued to:
Stephen Lovely—
Fwn Name _-
11/8/2012 ______ __ 64-468
Dated DEP File Number
3. The project site is located at:
3 Parallel Street _ Salem
Street Address City/Town
23 _ _247
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Stephen Lovely
Property Owner(if different)
Southern Essex_ _ 27648 437
County Book Page
Certificate -- -- -------------- ---------
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
4/12/201
Date
wpafrmBU doc•rev. 1223N9 WPA For 88,Certificate of compbance-Page I of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number,
WPA Form 8B — Certificate of Compliance 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers-
C. Authorization
Issued by:
Salem
Conservation Commi on Date of Issuance
This Certifica st be signed by a ma}prity of the Conservation Commission and a
cop the pplicant and appr py( fe DEP Regional Offic ee
//ww .ma s. . v/de /about/re i, n/findyour,htm).
igna res
i
--- -- —.�— — — ---------------
— ---- ----
.vpa(rmBb.Cac rev. R123/99 WPA Form Be,Catificale of Compliance Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-468
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.
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County — --
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Dale Book --------- Page --__-_
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
------- ----- - - --- - - -- -- --- - -- --
Document Number '
Signature of Applicant
.vpafrm8b.don-rev.I2/2109 WPA Form 8a.Cortiricale of Compliance•Page 3 of 3
,l
Massachusetts Department of Environmental Protection
,,— Bureau of Resource Protection - Wetlands DEP File Number:
1; WPA Form 813 — Certificate of Compliance 64-469
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Stephen Lovely
only the tab key Name "
to move your 14 Story Street
cursor-do not
use the return Mailing Address
key. Salem MA 01970 _
�, City/Town State Zip Code
ie 2. This Certificate of Compliance is issued for work regulated by a final Order of
e Conditions issued to:
Stephen Lovely
rem��`'� Name
11/8/2012 _ ____ 64-469 _
Dated DEP File Number
3. The project site is located at:
1 Parallel Street Salem _
Street Address City/Town
23 77 _ _
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Stephen Lovely
Property Owner(if different)
Southern Essex _ 27648 423
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
4/12/2012
Date
wpafrm6b.tloc-rev_12/23/09 wPA Faun 88,Ceillficme of Compliance.Page I of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number
�. WPA Form 8B — Certificate of Compliance 64-469
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 pro ded by DEP
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
C. Authorization
Issued by:
Salem
Conservation Commission Date of Issuance
This Certificpte must be signed by a majority of the Conservation Commission and a
copy sen the applicant and appropriate DEP Regional Offi (See
mass. -ov/de /abo t/r ion/find our.htm).
Sign t res:
0
wpafraft doc•rev.1223109 WPA Form 86.Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 8B — Certificate of Compliance
469
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Pro rc iddvided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County — —
for:
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 T_
Signature of Applicant
wpefrmft oac•rev. 12/23109 WPA For 33,Certificate of Compliance•Page 3 of 3
;i
l
e+ 1 � CITY OF SALEM
SALEM,MASSACHUSETTS
ENGINEERING DEPARTMENT
120 WASHINGTON STREET,4TH FLOOR
a \ �rMfNE D� % SALEM,MA 01970
y Phone: (978) 745-9595 x5673
Kimberley Driscoll Fax: (978) 745-0349
Mayor
L DAVID H KNowLToN, P.E_
CITY ENGINEER
April 12, 2012
Attorney Steven Lovely
14 Story Street
Salem,Massachusetts 01970
1
Re: Compliance.with Amended Condition 44
1 Amended Order of Conditions:Parallel Streets—Lots B&C
I
Dear Attorney Lovely:
This correspondence has been prepared to address condition 44 of the above amended Order of Conditions,
for the above referenced property. The subject condition requires the following:
"44. Applicant shall receive written approval from City Engineer regarding proposed roadway
improvements including paving and installation of granite curbing, prior to the start of construction. A copy
of this letter shall be submitted to the Conservation Commission."
As we have discussed,you did not seek my approval prior to construction and no letter was submitted to the
Conservation Commission. However, based on our site visit with your paving Contractor this morning, the
granite curbing along the frontage of Lots B & C is acceptable, but the roadway pavement and driveways of
1 Lots A, B, and C require a 2-inch overlay, with a bituminous curb installed on the opposite side of Parallel
Street. In addition,the unpaved area between the railroad culvert and Parallel Street should be fine graded
and seeded to comply with the proposed plan. You committed to installing the final paving, curbing and
grading and seeded the unpaved area next week.
If you perform the work described herein, the City hereby approves the paving and installation of granite
curbing requirement of condition 44.
q
If you have any questions,or concerns, please call.
e ,truly y rs,
C�
D v' Knowlto t,PE
Engineer
Thomas Devine, Conservation Commission Agent
\\Salemde0l\WalerAdmin\DKnowlton\My Documents\miscellaneous\mise\lots b&c,parallel st ooc compliance condition 44 4-12-
12.doc
��oNDFTgq
CITY OF S.ALEM
SALEM,MASSAa-IUSETTS
�A
ENGINEERING DEPARTMF,NT
�. 120 WASHINGTON STREET, 4TH FLOOR
'�Fcf1VN;trr�� SALEM,MA 01970
Kimberley Driscoll Phone: (978) 745-9595 c5673
Y Fax: (978) 745-0349
Mayor
DAvID H.KNOWLTON,P.E. p�
CL'ry ENGINEER R E C ,
i 0 � E V
September 9, 2010 SEP 0 9 2010
DEPT OF PLANNING&
Attorney Steven Lovely COMMUNITY DEVELOPMENT
14 Story Street
Salem,Massachusetts 01970
Re: Compliance with Amended Condition 44
Amended Order of Conditions: 1 Parallel Street,Lot A
DE?P File f#64-470
Dear Attorney Lovely:
This correspondence has been prepared to address condition 44 of the above amended Order of Conditions,
for the above referenced property. The subject condition requires the following:
"44. Applicant shall receive written approval from City Engineer regarding proposed roadway
improvements including paving and installation of granite curbing, prior to the start of construction. A copy
of this lettershall be submitted to the Conservation Commission."
As we have discussed over the past week, you did not seek my approval prior to construction and no letter
was submitted to the Conservation Commission. Recent site visits have shown that while the granite
curbing is acceptable but the roadway pavement is of poor quality and should be replaced. Based on the
writer's September 9, 2010 correspondence to you regarding compliance with condition 48 of the same
Order of Conditions, which most likely will require some type of excavation in West Parallel and Parallel
Street to install drainage pipes or structures, the replacement of the pavement should be performed when
that work is complete.
Therefore, given the requirements you must meet for condition 48,the City hereby approves the paving and
installation of granite curbing requirement of condition 44.
If you have any questions,or concerns, please call.
y truly you ,
vid 11. Knowlton,PE
City Engineer
Cc: Frank Taormina,Acting Conservation Commission Agent
\\Salemdc0l\WaterAdmin\dknowlton\My Documents\miscellaneous\misc\lot a,parallel st ooc compliance condition 44 9-9-10.doc
'���OY�rTg1l
,t CITY OF SALEM
' CONSERVATION COMMISSION
September 27, 2010
Stephen Lovely
14 Story St.
Salem, MA 01970
Re: Extension Permit for Orders of Conditions—DEP#64-468 and 64-469
1 Parallel St Lots B and C
Dear Mr. Lovely:
Enclosed, please find the Extension Permit for Orders of Conditions for the above
referenced project. The attached Extension Permit must be recorded at the Essex County
Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts.
Once recorded, please return a copy of Page 2 of the Extension Permit, which will
indicate to the Commission that the document has been recorded.
This extension permit is good until September 23, 2013 and allows you to continue the
project as described in the Order of Conditions issued on November 27, 2007.
If you have any further questions, please feel free to contact me 978-619-5685.
Sincerely,
Tom Devine
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions #64-468
1 ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Stephen Lovely
computer,use Name
only the tab
key to move 14 Story Street
your Cursor- Mailing Address
do not use the Salem _ _M_assachusetts 01970
return key. Citylrown ._ ----- — -
Vp� —�, state Zip Code
I I 2. Property Owner(if different):
Name
Mailing Address - -
City/rown -- State Zip Code
B. Authorization
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
November 27, 2007 Issued by: Salem
D
Conservation Commission
for work at: 1 Parallel Street(Lot C) 23 Portion of 131, 132,
Street Address Assessor's Map/Plat Number and 144
recorded at the Registry of Deeds for:
Essex 26908 68
County Book Page
482272
Certificate(d registered land)
is hereby extended until: September 23 2013
Date Date the Order was last extended(if applicable)
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended. n
This Extension Permit must be signed by a majority of the Conservation fommission a tl copy sent to
the applicant and the appropriate DEP Regional Office(htto://www.m ss ov/deb/about/ e bn/find our.htm
Si to a (ember 23, 2010
- ate
C
apes 7dx•rev.311MIG
Pegs 1 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions #64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of
Conditions subject to this Extension Permit.
To:
Salem
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
1 Parallel Street(Lot C) #84-488
Protect Location DEP File Number
has been recorded at the Registry of Deeds of:
Essex
County - - -----------..
for:
Stephen Lovely
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions 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 — — --
wpa 70uc•mv.311 M0
Pegs 2 07
, CITY OF SALEM
CONSERVATION COMMISSION
November 27,2007
Mr. Stephen Lovely
14 Story Street
Salem, Massachusetts 01970
Re: Order of Conditions—DEP#64-468
Lot C 1-3 Parallel Street, Salem MA
Dear Mr. Lovely:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of December 7, 2007), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds (36
Federal 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.
As indicated in the Order, prior to any work commencing, this Order must be recorded, a
sign shall be displayed showing DEP File # 64-468 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 Des
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
'Massachusetts Department of Environmental Protection "710,; .r 487769
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64468 _
I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
'� IIIIIII�IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII
A. General Information 2008032800408 Bk.27648 Pg;437
Important: Salem 03/28/2008 12:4e:00 OTHER Pa 1/14
When filling From: 1.Conservation Commission
out forms on
the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Stephen Lovely
use the return a.First Name b.Last Name c.Company
key. _
d.Mailing Address
m
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Mailing Address
e.Cityrrown f.State g.Zip Code
5. Project Location:
1 Parallel Street Lot C Salem
a.Street Address b.Cityrrown
23 Portion 131, 132, Portion 144
c.Assessors Map/Plat Number d.Parcet/Lot Number
Latitude and Longitude, if known (note: 42-30-27 70-53-59
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 Doc 482272
a.County b.Certificate(if registered land)
26908 68
c.Book d.Page
�. Dates: October 5, 2007 November 8,2007 November 27,2007
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
6. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Delopement Plan Located in Salem Mass.
a.Plan Title
Eastern Land Survey Associates, Inc Christopher Mello PLS
b.Prepared By c.Signed and Stamped by
November 9, 2007 1"=20'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
N I 16I
(80863 B
southern Essex District Registry
3/2812008 12:27 PM CONDN Pe: 1/16
wpafom5.dm• rev.311105 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
I
WPA Form 5 - Order of Conditions 64-468
Massachusetts Wetlands Protection Act M.G.L. o. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed,is:(check one of the following boxes)
Approved subject to:
a. ® the following conditions which are 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 roject disturbance and 1 ft
® P project
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. El 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
vryafonr5.d=• rev.311105 Page 2 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 — Order of Conditions 64-468
Massachusetts Wetlands Protection Act M.G.L. c 1 31, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet Tcub fefeet g.cubic feet h.cubic feet
6. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feel e.cubic feet f.cubic feet
s. ❑ Riverfront area a.total sq,feet b.total sq.feet
Sq ft within 100 ft c.square feet E.square feet e.square feet f.square feet
Sq It between 100-200 If g,square feet h.square feet 1.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 feet b.square feet
c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches
a.square feet b.square feet c.vY noudshmt d.ay noudshmt.
14. El Coastal Dunes a.square feet b.square feet c.cly noudshmt. d.dy noudshmt
15. ❑ Coastal Banks a.linear(feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet 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 reef b.square feet
c.cu.yd dredged d.cu.yd dredged
is. ❑ 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
wpaivniUm• ray.311/05 Page 3 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-468
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 dean 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 64-468 "
wyafor S.Ooc• rev.3/1105 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-468
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 party 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
wpafom5.dw• rev.91Ig5 Page 5 or 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
oEP File Number:
WPA Form 5 - Order of Conditions 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
t. Is a municipal wetlands bylaw or ordinance applicable? ®_Yes ❑ No
z. The hereby finds(check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
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:
a.Municipal Ordinance or Bylaw b.Citation
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 Spam for c. The special conditions relating to municipal ordinance or bylaw are as follows:
addidonai The special conditions attached to this Order of Conditions relate to both the City of Salem's local
tors.
Select box to ordinance and the Massachusetts Wetlands Protection Act.
selec
attach a text
document
xparorm6.do<• rev.311105 Page 6 d9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 64-468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. IssuanceJP. Y /) ��l
This Order is valid for three years, unless otherwise specified as a special I T c�7
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Iss ce
Please indicate the number of members who will sign this.form: ve.
This Order must be signed by a majority of the Conservation Commission. 2.Number dLSignert
The Order must be maile certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be i ed or h nd delivered at the same time to the appropriate Department of
Environmental Prot ction Reg' nal Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
1
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
8 November 2007
On this Day Of Month Year
Before me,the undersigned Notary Public, D. Pabich, M. Blier, K. Glidden, D. Summer,A.
personally appeared Hamilton
proved to me through satisfactory evidence of identification,which was/were
Qersonally 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
CitylTown
1!\ ��Camiwim6pYN \�ll,X —
�` 14 iaDla Signatu of Notary Publ`��'�
.Carey If. Du ues v _
Printed Name of Notary Public
13
Place notary seal and/or any stamp above My om is on Ex
My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on 10 by certified mail, return receipt requested,on
Date Date
wpaforrr5.doc•.rev.311105 Page 7 at 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 64-468
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.
Page 8 of 9
xpefarmS.Coc• rev.3/1105
Attachment to Order of Conditions# 64-468
Page lof 6
SALEM CONSERVATION COMMISSION
DEP FILE #64-468 ' .
1-3 Parallel Street Lot C
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,sewer service,driveway,re-
grading and landscaping on Lot C located at 1-3 Parallel Street(lots were sub-divided with a Form A plan,said
decision was filed September 27 2007 with the City Clerk)in Salem. Proposed and approved work will occur
within the Buffer Zone of Bordering Vegetated Wetlands and Zone B flood zone. 'The final approved work is
shown on the approved plan Site Development Permit Plan Located in Salem Mass. Revised November 9, 2007
stamped by Chris Mello. Approved work includes the removal of existing pavement and demolition of the
existing building. The applicant has agreed to provide 1:1 flood storage compensation for the proposed
developments on Lots A,B, C,(also known as 1-3 Parallel Street). Approved re-grading does not include any
re-grading over the existing sewer easement. Proposed work on existing street including paving and granite
curbing shall be reviewed and approved by the City Engineer prior to construction. The Conservation
Commission requires that wetland markers be placed along the border of the Bordering Vegetated Wetland on a
Applicant has agreed to install a lit rail fence along the edge of the current line of the bordering
post. PP g split g g
vegetated wetland as noted on the approved plan.
The Commission also requires that a Conservation Restriction be stated on the deed for the land within the buffer
zone of BV W and the resource area, informing the current and future homeowner(s)their property abuts a resource
area and specifically prohibits activities relating to dumping,cutting down trees,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 C,which ever comes first.
GENERAL CONDITIONS
1. 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.
Attachment to Order of Conditions# 64-468
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#64-468, 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# 64-468
Page 3of 6
Final Approved Plans
Site Development Permit Plan Located in Salem MA(Parallel Street)
(Title)
Rev.November 9,2007
(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#45 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 be 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.
EROSION CONTROL
Attachment to Order of Conditions# 64-468
Page 4of 6
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.
37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
j�—
Attachment to Order of Conditions N 64-468
Page 5of 6
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):
Certificate of Compliance form A Form 8A or other form if
(1) A Completed Request for a C mp (WP
request).
required by the Conservation Commission at the time of
(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 withm 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 install one City of Salem wetland resource area sign on a post adjacent to bordering
vegetated wetland on Lot C.
44. Applicant shall receive written approval from City Engineer regarding proposed roadway improvements
including paving and installation of granite curbing,prior to the start of construction. A copy of this
letter shall be submitted to the Conservation Commission.
45. The applicant has agreed to provide 1:1 flood storage compensation for the proposed developments on
Lots A,B,C,(also known as 1-3 Parallel Street). Approved re-grading does not include any re-grading
over the existing sewer easement.
Attachment to Order of Conditions N 64-468
Page 6of 6
46. Applicant has agreed to install a split rail fence along the edge of the current line of the bordering
vegetated wetland as noted on the approved plan.
PERPETUAL CONDITIONS
47. A Conservation Restriction shall be included in the deed for the land including the bordering vegetated
wetland and all wetland resource areas on Lot C. The current bordering vegetated wetlands and buffer
zone are noted on the approved plan,however,this line could change over time and shall be revisited as
necessary. The applicant is to include the attached wording to the deed informing the homeowner their
property abuts a resource area and specifically prohibits activities relating to dumping,cutting down
trees,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 C,which ever comes first.
1'l_l �C Y.•'J
r Rimmer Environmental Consulting, LLC
30 Green Street e NewburyportMA01950 Te1978463-9226 Fax 978463-8716
May 31,2007
Christopher R. Mello, P.L.S.
Eastern Land Survey Associates, Inc.
104 Lowell Street
Peabody, MA 01960
Re: Wetland Delineation
1-3 Parallel Street
Salem,MA
Dear Mr.Mello:
At your request, Rimmer Environmental Consulting, LLC (REC) conducted field investigations
on two(2)parcels located at 1-3 Parallel Street in Salem, Massachusetts. The purpose of these
investigations was to determine the extent and location of wetland resources that may be subject
to jurisdictionvmderthe Massachusetts Wetlands Protection Act(MGL Ch. 131 s. 40)within and
immediately surrounding the project area. The following is a summary of findings.
Methods
REC conducted field investigations on May 24, 2007. At that time, numbered sequences
of flags were tied in the field to indicate the limit of wetlands subject to jurisdiction under
state regulations. Wetlands were delineated in accordance with the procedures
established within the Mass. Wetlands Protection Act Regulations(310 CMR 10.00),the
DEP Delineating Bordering Vegetated Wetlands Handbook(1995). Vegetation as well
as other indicators of hydrology, including hydric soils, was used to establish boundaries
of vegetated wetlands. DEP Bordering Vegetated Wetlands Delineation Field Forms are
included to provide additional documentation of wetland boundaries.
Findings
The project site is located off of Jefferson Avenue on Parallel Street at the northern end
of the paved road. MBTA Commuter Rail tracks are to the west and both Parallel Street
properties border residential properties to the south. A small isolated wetland is located to
the north of I Parallel Street between the built up track bed and a second berm. The area
is not connected to the larger wetland and is not jurisdictional under state regulations.
The larger wetland area begins off property to the north and extends south to Jefferson
Avenue. The area is an open water pond surrounded by deep marsh. The following
wetland resources were determined to be present:
Bordering Vegetated Wetland
B-Series
The B-series flags B1-A23 delineate the limits of Bordering Vegetated Wetland
pursuant to 310 CMR 10.55. These wetlands consist of shrub swamp and open
marsh. The wetland line generally follows the base of a short slope that is
dominated by multiflora rose(Rosa multiflora) (FACU). Flagging begins just
off-site on the berm adjacent to the railroad tracks.Wetland flags are on the fence
line from B2 to B7 and then follow the edge of the marsh south to the property
line behind 3 Parallel Street.
Dominant wetland vegetation includes sapling silver maple(Acer saccharinum)
(FACW) and willow(Salix sp.)(FACW), with an understory of silky dogwood
(Cornus amomum)(FACW)and northern arrow-wood (Viburnum recognitum)
FA( CW-). The groundcover is dominated b broad leafed cattail T ha
Y ( YP
latifolia) (OBL), common reed(Ph ragmites australis)(FACW), sensitive fern
(Onoclea sensibilis)(FACW), horsetail(Equisetum sp.) (FACW), and creeping
buttercup (Ranunculus repens) (FAC).
The upland portions of the site contain Norway maple(Acer platanoides) (NI),
staghom sumac(Rhus typhina)(NI), crabapple Walus sp.)(NI), multiflora rose
(Rosa multiflora) (FACU), oriental bittersweet(Celastrus orbiculatus) (NI)and
spotted jewelweed(Impatiens capensis)(FACW).
Other Resources
The site does not contain an certified vernal pools and is not within Y P t Estimated
Habitat of Rare Wetlands Wildlife or Priority Habitat,as determined by reference
to the Massachusetts Division of Fisheries and Wildlife Natural Heritage data
available through MassGIS (2007).
I hope this information is helpful to you. If you should have any questions, or require additional
information,please do not hesitate to contact me.
Very truly,
MMER ENVIRONMENTAL ONSULTING,LLC
��/I
J rtriifer Hu es
d Scm ist
A.,P.W.S.
Princip Sr.Wetland Scientist
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form
Applicant: ELS Prepared by: REC Project location:1-3 Parallel St, Salem DEP File #:
Check all that apply:
❑ Vegetation alone presumed adequate BVW boundary: fill out section I only
® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II
❑ Method other than dominance test used (attach additional information)
Section I. Vegetation: Observation plot Number: B9 Transect number:WetDate of delineation:5/24/07
A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland
(by common name/scientific name) (or basal area) Dominance (yes or no) Indicator
Herb Category*
Common reed/Phragmites australis 63.0 51 Yes 'FACW
Spotted jewelweed/Impatiens capensis 3.0 2 No FACW
Broad-leaf cattaillTypha latifolia 38.0 31 Yes *OBL
Sensitive fem/Onoclea sensibilis 20.5 16 No FACW
Vine
Virginia creeper/Parthenocissus quinquefolia 3.0 100 Yes TACU
Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131, s.40);plants in the genus Sphagnum;plants listed as FAC,
FAC+,FAC-,FACW,FACW+, or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to
physiological or morphological adaptations,describe the adaptation next to the asterisk.
Vegetation conclusion:
Number of dominant wetland indicator plants:2 Number of dominant non-wetland plants: 1
Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ® yes ❑ no
If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination ofApplicabdity or Notice of Intent MADEP;3/95
Section II. Indicators of Hydrology
Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe)
1. Soil Survey ® Site inundated:
❑ Depth to free water in observation hole: _
Is there a published soil survey for this site? Yes
❑ Water marks:
Title/date: NCRS Web Soil Survey
Map number: ❑ Drift lines:
Soil type mapped: Maybid silt loam 0-3 percen
Hydric soil inclusions: ❑ Sediment deposits:
Are field observations consistent with soil survey?®yes❑no ❑ Drainage patterns in BVW:
Remarks:
❑ Oxidized rhizospheres:
2. Soil description
Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves:
Oe 0-8" 10YR 2/1 refusal
❑ Recorded data(stream, lake, or tidal gauge; aerial photo, other):_
❑ Other:
Vegetation and Hydrology Conclusion
Remarks Yes No
3. Other
Number of wetland indicator plants ® ❑
>number of non-wetland indicator plants:
Conclusion: Is soil hydric? ® yes ❑ no
Wetland hydrology present: ® ❑
Hydric soil present
Other indicators of hydrology present: ® ❑
Sample location is in a BVW ® ❑
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form
Applicant: ELS Prepared by: REC Project location:1-3 Parallel Street Salem DEP File M
Check all that apply:
❑ Vegetation alone presumed adequate BVW boundary: fill out section I only
ZVegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II
Method other than dominance test used (attach additional information)
Section I. Vegetation: Observation plot Number: B9 Transect number: Upl Date of delineation:5/24/07
A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland
(by common name/scientific name) (or basal area) Dominance (yes or no) Indicator
Tree Category*
Norway maple/Acer platanoides 63.0 100 Yes *NI
Shrub
Staghom sumac/Rhus typhina 10.5 34 Yes *NI
Multiflora rose/Rosa multiflora 20.5 66 Yes *FACU
Herb
Spotted jewelweed/Impatiens capensis 20.5 100 Yes *FACW
Vine
Virginia creeper/Parthenocissus quinquefolia 3.0 13 No FACU
Oriental bittersweet/Celastrus orbiculatus 20.5 87 Yes *NI
Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131, s.40);plants in the genus Sphagnum;plants listed as FAC,
FAC+, FAC-,FACW,FACW+, or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to
hysiolo ical or morphological adaptations, describe the adaptation next to the asterisk.
Vegetation conclusion:
Number of dominant wetland indicator plants:1 Number of dominant non-wetland plants: 4
Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ❑ yes ® no
If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice oflntent MADEP;3/95
Section II. Indicators of Hydrology
Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe)
1. Soil Survey ❑ Site inundated:
❑ Depth to free water in observation hole: _
Is there a published soil survey for this site? Yes
❑ Water marks:
Title/date: NCSS Soil Survey
Map number: ❑ Drift lines:
Soil type mapped: Maybid & Urban land
Hydric soil inclusions: ❑ Sediment deposits:
Are field observations consistent with soil survey?®yes❑no ❑ Drainage patterns in BVW:
Remarks:
❑ Oxidized rhizospheres:
2. Soil description
Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves:
Oi 0-8" 10YR 2/2 compost -
A 8-12" 1 OYR 3/2 fsl refusal ❑ Recorded data(stream, lake, or tidal gauge; aerial photo, other):_
❑ Other:
Vegetation and Hydrology Conclusion
Remarks Yes No
3. Other
Number of wetland indicator plants ❑
>number of non-wetland indicator plants:
Conclusion: Is soil hydric? ❑ yes ❑ no
Wetland hydrology present: ❑ El
Hydric soil present
Other indicators of hydrology present: ❑
Sample location is in a BVW ❑
Massachusetts Department of Environmental Protection Provided by DER�1.
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent
sDocument_Transaction Number..
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 kSalem
i n
'mp°'�"`
When filing out A. General Information REforms on the nnCT 0 5 2007
computer, use 1. Project Location (Note: electronic filers will click on button for GIS IocatoY).
only the tab key
to move your Parallel Street Lot C Salem
cursor-do not -COMMUNITY
IT PEVELO W870
use the return a.Street Address b.City sown COMMUNITY DEVELO ode
key.
Latitude and Longitude: 42-30-17 70-53-59
IC31 d. Latitude e. Longitude
23 Portion 131, 132, Portion 144
f.Assessors Map/Plat Number g. Parcel/Lot Number
2. Applicant:
Stephen Lovely
a. First Name b. Last Name c.Company
Note: 14 Story Street
Before d. Mailing Address
completing this Salem MA 01970
form consult
your local e. Citylrown I.State g.Zip Code
Conservation 978-745-8274
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.
Same
a. First Name b. Last Name c.Company
d.Mailing Address
e.City/rown f.State g.Zip Code
h. Phone Number i. Fax Number j.Email address
4. Representative (if any):
a. Firm
Attorney Stephen Lovely
b.Contact Person First Name c.Contact Person Last Name
14 Story Street
d.Mailing Address
Salem MA 01970
e.City/rown f.State g.Zip Code
978-745-8274
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.City/Town Fee Paid
6. General Project Description:
Construction of dwelling utilities landscaping and grading 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 f Fi
DEP File Number
WPA Form 3 — Notice of Intent
a a, Document Transaction NumberLl .
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem w
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 68
a.County b. Page Number
26908 Doc. 482272
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:
1 ft.
d. linear feet
wpaform3.doc•rev.4/12/06 Page 2 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 _r
Citylrown
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 d. ❑ Bordering Land
Department. Subject to 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.4/12/06 Page 3 of 7
Massachusetts Department of Environmental Protection Provided by DER M
Bureau of Resource Protection - Wetlands ,DEP File Number
WPA Form 3 — Notice of Intent
`{ t' Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Sal
em
Cityfrown
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 information you c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes
❑ 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
1. ❑ 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 DeL7partment of Environmental Protection Provtled WIDER
Bureau of Resource Protection - Wetlands
,.A .DEP File Number
WPA Form 3 - Notice of Intent
r, 1a '41' p 4P hta
it Rocurnebt Transaction Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem �-
Citylrown
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:
ex lassos how D. Other Applicable Standards and Requirements
theurce
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
October 2006 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 NOl 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 : _oEP File Number
WPA Form 3 — Notice of Intent
r , =_Document Transaction_ NumberL11 3
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem .a
Cityrrown
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:
Subdivision results in less than four new homes.
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 [BVWj 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.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
6. ❑ Attach NOI Wetland Fee Transmittal Form
g. ❑ Attach Stormwater Management Form, if needed.
wpaform3.doc•rev.4/12/06 Page 6 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
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:
af( 16
1.Municipal Check Number 2. Check date
�t1 Lots 161
3. State check Number 4.Check date
5. Payor name on eck: First Name 6. Payor name on ch ck: 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
requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail
(return receipt_ requested)to all abutters within 100 feet of the property line of the project location.
Signatu e
f Applicant Date i 6�
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies
of pages 1 and 2 of the NOI 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
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 Stephen Lovely
key to move a.First Name b. Last Name c.Company
your cursor- 14 Story Street
do not use the d.Mailing Address
return key. Salem MA 01970
I e. Cityrrown f.State g.Zip Code
978-745-8274
h. Phone Number
2. Property Owner(if different):
Same
a. First Name b. Last Name c.Company
d.Mailing Address
e.CityrTown f.State g.Zip Code
h.Phone Number
3. Project Location:
Parallel St. Lot C Salem
a. Street Address b.Cityrrown
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 41Subtotal 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 51Total 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•NO Weiland Fee Transmi tal Form•rev.311/05 Page 1 of 2
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
Cat. 2a Single Family Dwelling 1 $500.00 $500.00
Step 511rotal Project Fee: $500.00
Step 6/Fee Payments:
Total Project Fee: $500.00
a.Total fee from Step 5
State share of filing fee: $237.50
b. 1/2 total fee less$12.50
Cityrrown 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. (E-filers of Notices of
Intent may submit
these electronically.)
Y Y )
Wpaform3.doc•N01 Wetland Fee Transmittal Form•rev.3/1/05
Page 2 of 2
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-468
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 Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on 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 C 1 Parallel Street 64-468
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County Book Page
for:
Ske p �GJ Q
Property Owner
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Instrument Number
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Signature Ap lican
wpaformMoc- rev.311/05 Page 9 of 9
Carey Duques
From: mattveno@hotmail.com
Sent: Thursday, November 08, 2007 5:47 PM
To: Carey Duques
Subject: Re: Parallel Street
Sent from my Verizon Wireless B1ackBerry
-----Original Message-----
From: mattveno@hotmail .com
Date: Thu, 8 Nov 2007 22 : 43: 16
T'o:cducques@salem. com
Subject: Parallel Street
Carey - thanks for passing this on to the Chairman -- Matt
Mr Chairnan:
I had hoped to be in attendance at tonight ' s meeting of the Conservation Commission to
discuss the petition for Parallel Street, but was called out of state unexpectedly this
for business . I appreciate the opportunity to submit this brief letter for the record.
The development that Mr. Lovely has proposed for the end of Parallel Street has the
potential to significantly improve this area, but only if done in a way that recognizes
the major flooding problems that have plagues this location for the last ten years.
I have been encouraged by Mr. Lovely's willingness to be flexible and responsive to ,the
concerns of the neighors by building single family homes as opposed to multi-family
dwellings. He seems also willing to address issues raised by the Commission.
Given the major impact that recent storms have had in this area, I strongly encourage the
Commission and Mr. Lovely to agree on ways to do the following two things:
1) Take all necessary measures to ensure proper stormwater drainage from the end of
Parallel Street, through the construction of a swail as previous discussed, or some other
measure; and
2) Provide compensatory water storage for in the rear of the property, along Rosy's Pond.
This will be a positive to all involved, as it will help offset the impact the development
of new homes will have on existing residents of this street, and will improve the value of
the new homes.
Clearly the City has a responsibility to do all we can to alleviate flooding here, and I'm
glad to say that the City is taking this issue very seriously, as we move forward into
phase 2 of the first comprehensive study of the South River Drainage Basin in 50 years.
But it is also incumbent on anyone who proposes development in this flood-proned area to
also be part of the solution, instead of making the problem worse. I 'm confident that Mr.
Lovely will chose the former.
Thank you.
Ward 5 Councillor Matthew Veno
Sent from my Verizon Wireless BlackBerry
1
November 12, 2007 Professional Land Surveyors & Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD&WEED 1885- 1972
Mr. Kevin P. Cornacchio, Chairman
Salem Conservation Commission
120 Washington Street
Salem, MA. 01970
RE: DEP NO. 64-469
DEP NO. 64-470
DEP NO. 64-468
F14883
LOTS A, B & C
PARALLEL ST.
SALEM, MA.
Dear Mr. Chairman:
Please find attached twelve copies of the Site Development Plan for the above referenced
lots. I have revised the proposed berm to vertical granite curbing and added a
construction detail of same.
I have revised the proposed compensatory grading. No regrading on the sewer easement
is depicted.
The three new dwellings have a footprint of 3,024 SF. The regrading of Contour 13 and
the removal of the existing dwelling (2,480 SF) (826 SF) will provide 3.306 SF providing
a 1.1 to 1.0 replication.
I have also proposed a new Contour 12 providing 3,200 SF between Elevation 12 and
Elevation 11,
Sincerely,
Ch rstophe� R Mello. P.L.S.
President
CRM:aly
Attachments
CC: Attorney Stephen Lovely
104 LOWELL STREET
PEABODY, MASS. 01960
TELEPHONE: 978-531-8121 FAX: 978-531-5920
Professional Land Surveyors & Civil Engineers
ESSEX SURVEY SERVICE 1958- 1986
November 5, 2007 OSBORN PALMER 1911 - 1970
BRADFORD&WEED 1885-
1972
Mr. Kevin P. Cornacchio, Chairman
Salem Conservation Commission
120 Washington Street
Salem, MA. 01970
RE: DEP NO. 64-469
DEP NO. 64-470
DEP NO. 64-468
F14883
LOTS A, B & C
PARALLEL ST.
SALEM, MA.
Dear Mr. Chairman:
Please find attached twelve copies of the Site Development Plan for the above referenced
lots. I have relocated the spreader and regraded Lot A.
The three new dwellings have a footprint of 3,024 SF.
The removal of the existing dwelling,
new dwelling, 2,480 SF, and the regrading, 3,800 SF, will provide
6,280 SF lac
of area to re e
p dwelling. 6,280/3,024 2.1 to 1.
Sincerely,
Christopher R. Mello, P.L.S.
President
CRiVl:aly
Attachment
CC: Attorney Stephen Lovely
104 LOWELL STREET
PEABODY, MASS. 01960
TELEPHONE: 978-531-8121 FAX: 978-531-5920