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64-470 - 1 PARALLEL STREET - CONSERVATION COMMISSION Lot A 4 y l n' �EGEE V E D � 111IIIIII�1111111111111111111111N11111111 SEP 3 0 2010 2010092406247 Bk:29799 P9:588 DEPT. OF PLANNING& 09/24/2010 12:39 COMPLI Pg 112 COMMUNITY CE%JaLOPMENT n\ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 813 — Certificate of Compliance #64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP A. Project Information Important: When fining out 1. This Certificate of Compliance is issued to: forma 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 Ciryrtown .-_ _ :;, state. - zip code �^ 2. This Certificate of Compliance is issued for work regulated by a final Order of vT� Conditions issued to: Stephen Lovely �4 Name November 8 2007 #64470 Dated DEP File Number 3. The project site is located at: t_ 1 Parallel Street(Lot A) Salem O Street Address Cityrrown Mao 23 Lot 131 132, &part 144 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for Property Owner IN diffe(ent} Essex 29439 383 County Book Page 80863 Certificate 4. A site inspection was made in the presence of the applicant, or the applicants agent, on: August 30, 2010 and September 8,2010 Date NII�I�IIIIIIII�II�111�11111,293207 . 5W74rn EssaOx oistriet Registry Southern jj3 WPgftn a.d0C M.120M 912412010 12:20 PM COMPL Pe wpA lam BB,Canricero N Canprenw•Papa 1 or 3 MOLE: MA Divorce Law Practice Manual- § 13.8.7 Removal from ... http://www.loislaw.com/pns/tcdocview.htp?logauto=TCAUTS;&doc... MCLE: MA Divorce Law Practice Manual f ! MCLE: MA Divorce Law Practice Manual (� Chapter 13 §.13.8.MODIFICATION Page:13-37. § 13.8. 7 Removal from the Commonwealth -A divorced parent cannot remove permanently from the Commonwealth a minor child who is a native of or has resided five years within the Commonwealth without the consent of the child (if of suitable age) , or, if under that age, without the consent of both parents, or unless the probate and family court, upon cause shown, so orders. G.L.c. 208.§30. In determining whether a child should be removed from the Commonwealth, the Supreme Judicial Court .has applied-the "real advantage" 'test. Yannis v. Frodistou-Yannis, 395 Mass. 704, 710-11, 481 N.E.2d 1153, 1157-58 (1985) . See Rosenthal v. Maney, 51 Mass.App. Ct. 257, 266, 745 N.E.2d 350, 358 (2001) . The real advantage test is grounded in the realization that after a divorce, a child's subsequent relationship with both parents can never be the same as before the divorce, and that the child's quality of life and style of life are provided by the custodial parent. The best interests of the children always remain the paramount concern. Because the best interests of achild are so interwoven " -with the well-being of the custodial parent, the determination of the child's best, interests.requires' . . . -that the interests of the' custodial parent be taken into account. . Yannis v. Frodistou-Yannis, 1. 1 1 - 395 Mass. at710, 481 N.E.2d at1158. The issue can only be resolved on a case-by-case basis. Yannis v. Frodistou-Yannis, 395 Mass. at710, 481 N.E.2d at1158. An evaluation of the. best interests of the child requires attention to whether the quality of the child's life may be improved by the change, including any improvement flowing from an improvement in the custodial parent's life; the possible adverse effect of the elimination or curtailment of the child's association with the noncustodial parent; and the extent to which moving or not moving will affect the emotional, physical or developmental needs of the child. The interests of the custodial parent in moving must also be _assessed. The relative advantages to the custodial 'parent from the move, the soundness of the reason for moving and the presence or absence of a motive to deprive the noncustodial parent of reasonable visitation are all likely to be relevant considerations. Yannis v. Frodistou-Yannis, 395 Mass.at711, 481 N.E.2d at1158. See Rosenthal v. Maney, 51 Mass. App. Ct. at 267, . 745 N.E.2d at 358. As a general rule, agreements should contain a statement prohibiting either party from removing the children from the Commonwealth without an order of the probate and family court or an agreement by the parties. Judicial Commentary . .- .� A noncustodial parent will often agree to a. removal of the child, believing that Massachusetts has continuing jurisdiction over future custody and visitation disputes, either by law or because the parties state in their agreement that Massachusetts shall retain jurisdiction. That is an incorrect assumption. Under the MCCJA and PKPA, I of 2 3/27/2006 1:28 PM Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fife Number: WPA Form 8B — Certificate of Compliance #64470 , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prerldedbyoea 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 nA u x 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 Adhout 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. Condition#47 C. Authorization Issued by: Salem Sept.9,2010 Come wwn Date of lesusne This C ' must signed by a majority of the Conservation Commission and a e copy ent to the ap icent and appropriate DEP Regional Office(See htt Iwww. ss. v/de fabout/re ion/find our.htm). Sig MPdwft,A 4-ran.l2RdI0e WPA Fp1 B&CMftfib 0/fwmprs�m•Pye 2 of X 4. MCLE: MA Divorce Law Practice Manual- § 13.8.6 Modification o... http://www.loislaw.com/pns/tcdoeview.htp?logauto-TCAUTO&doc.... MCLE: MA Divorce Law Practice Manual LJ MCLE: MA Divorce Law Practice Manual Chapter 13 § 13.8 MODIFICATION Page 13-36 § 13.8.6 Modification of Custody and Visitation Subsequent to a judgment for divorce, the probate and family court may make such modification judgment as it considers expedient relative to the care, custody and maintenance of minor children, provided that the probate - and family court finds that a material and substantial change in circumstances of the parties has occurred and .the judgment of modification is necessary in the best interests of the children. G.L.c. 208.§28. The modification of a divorce decree relating to custody is within the sound discretion of the trial judge. Jenkins v. Jenkins, 304 Mass. 248, 250, 23 N.E.2d 405, 406 (1939) . A modification of a judgment for custody or maintenance under G.L.c. 208, 428 must be based on some change in the .circumstances of the parties since the preceding decree was entered. Breton v. Breton, 332 Mass. 317, 318, 125 N.E.2d 121, 122 (1955) ; Hinds v. Hinds, 329 Mass. 190, 191, 107 N.E.2d 319, 320 (1952) . The existence of an agreement incorporated into the judgment does not change the power or the standard of review. Judicial Commentary Parties seeking a temporary order changing custody under a complaint for modification should be prepared to show the court the emergency nature of the request in order to obtain temporary relief. In granting such relief, the court must make specific findings relative to the harm that might occur if a change in custody is not made. With respect to a temporary order modifying support, many judges will expect you to show the emergency nature of entering a temporary order increasing or reducing support in order to avoid prejudging a case before the hearing on the merits if no emergency exists. Page 13-37 Copyright©2006 Loislaw.com, Inc. All Rights Reserved 1 of 1 3/27/2006 1:27 PM Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance #64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:----------------------------------------------------------------------------------------------.-.. Salem Conservation commission Please be advised that the Certificate of Compliance for the project at: 1 Parallel Street(Lot A) #64-470 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County _ for: S�cphew Lo�cLy Property Owner and has been noted in the chain of title of the affected property on: ` f zy ( 20► o aCA-)91 SRC Date Book Page If recorded land,the instrument number which identifies this transaction is: a 0 1 Odq 2 �t n0 2- 1 '1 If registered land,the document number which identifies this transaction is: 'S 13 I e) ICen.{� Cics,ac `c3o P�IF, 3 Document Number Signature of Applicant wpehm8b doc-m.120" WPA Form 88,Cenifimte of Complia=•Page 3 of 3 L ►ncl " Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Lill WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IIIIIIIIIII IIIIIIIIIII(IIIIIIIIIII IIIIII -A. General Information 310051400238 809439 Pg:383 Important: Salem 06104/2010 12:25 CONDN PS 1116 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. 14 Story Street d.Mailing Address till "' Salem MA 01970 e.City/Town f.Stale g.Zip Code �a 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company ` d.Mailing Address e.City/Tom f,State g.Zip Code 5. Project Location: 1 Parallel Street Lot A Salem a.Street Address b.City/Town 23 Portion 131 132, Portion 144 c.Assessors MaplPlat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42.30-27 70-53-59 C^ 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): C1 � Essex Doc 482272 a.County b.Certificate(if registered land) 26908 58 c.Book d.Page 7. Dates: October 5, 2007 April 8, 2010 aril 20 2010 a.Date Notice of Intent Filed b.Dale Public Hearing Closed G.Dale of issuance e. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Delopement Permit Plan Located in Salem, Mass.: Proposed Swales Added a.Plan Tide Eastern Land Survey Associates, Inc Christopher Mello PLS b.Prepared By c.Signed and Stamped by March 30,2010 1"=20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 6 0I0Illihlill1808lll) Bta I.2a7a31 southern Essex District Registry 5/0412010 12:14 PR RNENO Pa: 1/17 wpaV.,5.4x- rev.31V05 Pape 1 of 9 IL r-.-Ii IY OF SALEM O vSERVATION COMMISSION April 20, 2010 Mr. Stephen Lovely 14 Story Street Salem, Massachusetts 01970 Re: Amended Order of Conditions—DEP X 64-470 Lot A 1 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 April 30, 2010), 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 Amended Order, prior to any work commencing, this Amended Order must be recorded. If you have any further questions, please feel free to contact me 978.619.5685. Sincerely, � k3� Carey Du ies Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-470 Ll 0 -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem —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,Co iditiions�7 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. 14 Story Street —— r` d. Mailing Address rd I Salem MA 01970 ,y,y e.City/Town I.State g Zip Code xW,• 4. Property Owner (if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City Town L State g.Zip Code 5, Project Location: 1 _Parallel Street Lot A _ Salem — ---------------- ----------- --- a. Street Address b.City/Town 23 Portion 131, 132, Portion 144 c Assessors Map/Plat Number d. Parcel/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 October 5, 2007 April 8 2010 April 20. 2010 7. Dates- a. Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Delopement Permit Plan Located in Salem, Mass.: Proposed Swales Added a. Plan Title Eastern Land Survey Associates, Inc Christopher Mello PLS b. Prepared By c. Signed and Stamped by March 30, 2010 1"=20' d. Final Revision Date . e.Scale f.Additional Plan or Document Title g. Date Page I of 9 wpaUa 5.doc- rev.T V05 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L.. c. 131, §40 B. Findings f. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. 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 project disturbance and 1 ft _ 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 feel d. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b square feet c.square feet d,square feet 6. ElLand Under Waterbodies a.square feet b.square feet c. square feet d.square feet and Waterways e.cu.yd dredged f. cu.yd dredged - vpalonn5Aoc rev 311105 Wage 2 of r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c. square feel d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feel e. ❑ 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 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e. square feet f.square feet Sq ft between 100-200 k square feet h.square feet I.square feet g. q q q j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) t 10. ❑ 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.c/y nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.ay nourishmt. d.cly nourishmt 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 feel 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feel 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 feel b.square feet wpaform5.doc• rev.311105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" (or, "MA DEP'] "File Number 64-470 " wcaforvd.dor rev.311105 Page 4 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 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 See Amended Conditions Added — space for additional conditions, _--- setect box to attach a text document wpalorm5 doc- rev.311105 Page 5 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands -` WPA Form 5 - Order of Conditions sa-ago 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 2. The hereby finds (check one that applies): Conservation Commission - - --------------- 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw to.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 c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions, select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document wpalorm5.doc- rev.311105 Page 6 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 L Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 2L Z01 0 condition pursuant to General Conditions#4, from the date of issuance. T ate of Issua Please indicate the number of members who will sign this form: _ AC _�__ This Order must b y a majority of the Conservation Commission. 2.Number of Signers The Order m e mailed b certified mail (return receipt requested) or hand delivered to the applicant. A copy also ust be mailed or hand delivered at the same time to the appropriate Department of Environm tal Protection gional Office, if not filing electronically, and the property owner, if different from applic nt. Signatures: it j — 0 / C Notary Acknowledgement Commonwealth of Massachusetts County of Essex 8 of April 2010 On this Day Month Year Before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Salem Conservation Commission As member of Cityrrown CAREY R.DUOUES �1 f{� 1(c�awuttH rPublic ut My lltrn y\ /f C n Evi 7a 2043 Signature of otary Public Carey R. u uss Printed Nam of Notary Public August 16 2013 Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on -"J �o zoto Date Date �r wpa1crm5.doc• rev.311105 Page 7 of 9 l Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-470 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. avpabrm5.dpc• rev.31L05 Page 8 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 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 A 1 Parallel Street 64-470 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County Book - Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant woabrm5 doc• rev.311i05 Page 9 of 9 Attachment to Amended Order of Conditions # 64-470 Page lof 6 AMENDED ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-470 1 Parallel Street Lot A City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vemal 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 venial 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 A located at 1 Parallel Street (lots were sub-divided with a Form A plan, said decision was tiled 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 Salern Mass. Revised November 9, 2007 Valved 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 post. 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. 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 Ccrtil icatc of Occupancy is issued or the conveyance of Lot A, which ever comes First. AMENDED FINDINGS This Amended Order permits the construction of two stone lined swales located on Lot A as shown on plan entitled, Site Development Permit Plan Located in Salem, MA "Proposed Swales Added" March 30, 2010. Please note the original Order of Conditions was recorded at the Registry of Deeds, Essex County, Book 27648 Page 408 for the property owner Stephen Lovely and has been noted in the chain of title of the affected property in Book 26908 Page 68 and Book 27140 Page 181 Land Court Doc # 482272, see attached Recording Information. Per this Amended Order of Conditions Amended Special Conditions shall be complied with in order to receive a full Certificate of Compliance, see below. Attachment to Amended Order of Conditions # 64-470 Page 2of 6 GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(all 6 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, alter the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-470, 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. S. The term "Applicant' as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21 A ss7 and 314 CNIR 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.). Attachment to Ainended Order of Conditions d 64-470 Page 3of 6 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Development Permit Plan Located in Salem- MA (Parallel Street) (Title) Rev. March 30 2010-Proposed Swales Added (Dated) Christopher R. Mello, Land Surveyor (Signed and Stamped by) City of Salem Conservation Commission (On Jile rvith) 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(9,78) 745-9595 ext 31 1 at least forty-eight (48) hours prior to any activity to arrange for the pre-construction meeting. Attachment to Amended Order of Conditions ii 64-470 Page 4of 6 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 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. Attachment to Amended Order of Conditions X 64-470 Page 5of 6 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. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance ofentorcement actions by the Conservation Commission including, but not limited to, civil administrative penalties under M.G.L Chapter 21 A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(W PA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains, constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings, septic system components, wells, utility lines, fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any tilling, 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. Attachment to Amended Order of Conditions N 64-470 Page 6of 6 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 A. 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 L 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. 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 A. 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 A, which ever comes first. AMENDED CONDITIONS 48. The City Engineer shall review and provide written approval of the proposed swales and confirm there is sufficient cover over the sewer easement prior to construction of the swales. A copy of this letter shall be submitted to the Conservation Commission. 49. The Conservation Restriction included in the deed shall also state that property owners cannot alter the grade/topography of the property without approval from the Conservation Commission. 50. The Conservation Restriction included in the deed shall also contain a maintenance plan for the swales on the property and a statement that the property owners are responsible for the maintenance of these swales. Massachusetts Department of Environmental Protection DEP File Number: �- Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64a7o 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. ------------I-------------I--------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot A 1 Parallel Street 64-470 Project Location DEP File Number Has been recorded at the Registry of Deeds of: a 164 P5 Lf O Essex Bak page County for: 5 4C w t o .tt Property Owner t p^ ,* cow" 0 o c 4 4b'L'I and has been noted in the chain of title of the affected property in: 9k. 2L69, Pfs� JJk Book Page In accordance with the Order of Conditions issued on: tJoJ ¢µ—Ae16- luorl Date If recorded land, the instrument number identifying this transaction is: ao 0 Cc C, oo �4or Instrument Number If registered land, the document number identifying this transaction is: Document Number G /r Signature dtApplicant Page 9 of wpaiurm5.da• rev.11105 L f May 04 10 02:17p Stephen Lovely 9787456573 p.1 Massachusetts Department of Environmental Protection Ll Bureau of Resource Protection - WetlandsDEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order o`Conditions must be recorded inrliie Registry of Deeds or the Land Court for the district in which the land is located,within the chain of Ede 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 A 1 Parallel Street 54-470 Project Location DEP Fite Number Has been recorded at the Registry of Deeds of: Essex Comly Book Page for: Property 0%vner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: date If recorded land, the instrument number identifying this transaction is: Instrument Number cumensr 509U32 If registered land,the document numlfLlEtAntdying.this transaction is: E CWEK SOUTHERH tiISTRI.C--T REtaISTRY OF DEEDS Document Number RECEIVE[+ FUR REUSTRA.TIO!N Dr.: 'z/4/2117.0 12:I4 C'ti Signature of Applicant +amorms.aoa• rep.211ros Noted on Cart: 80943 P.OGK' 451 V2no9 of f Yl�C()NDITgq�i s CITY OF SALEM ~ SALEM MASSACHUSETTS v ;. ENGINEERING DEPARTMENT 120)WASHINGTON STREET, 4TH FLOOR '�ornirNF p�N� SALEM,MA 01970 Phone: (978) 745-9595 x5673 Kimberley Driscoll Fax: (978) 745-0349 Mayor DAVID H. KNOWLTON,P.E. �+ k T� ED CITY ENGINEER M C L..-6 September 9, 2010 SEP 0 9 2010 Attorney Steven Lovely DEPT.OF PANNING& 14 Story Street COMMUNITY Ds.vGLOPMENT Salem, Massachusetts 01970 Re: Compliance with Amended Condition 48 Amended Order of Conditions: 1 Parallel Street, Lot A DEP File#64-470 Dear Attorney Lovely: This correspondence has been prepared to address condition 48 of the above amended Order of Conditions,for the above referenced property. The subject condition requires the following:. "48. The City Engineer shall review and provide written approval of the proposed swales and confirm there is sufficient cover over the sewer easement prior to construction of the swales. A copy of this letter shall he 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 and review of the as- built drawings of the swales constructed on Lot A found they were not constructed according to the approved plan. The approved plan for Lot A included two spreaders, one 4-feet wide with a 1- foot deep "v"channel in the center, and the other 2-feet wide with a 6-inch channel, as detailed on the plan. The base of the spreaders were to be constructed of 6-inch stone 12-inches thick. The Conservation Commission did allow the spreaders to be constructed as vegetated swales; however, the as-built plan shows the stone spreaders covered by fabric under loam. A detail of the revised spreaders that were constructed was requested from you, but it was not provided. In addition, the smaller swale on the southern property line between lots A and B was shortened, starting at the edge of the paved driveway, rather than on Parallel Street, and running to the edge of Rosic's Pond. i Compliance with Amended Condition 48 September 9, 20'10 Page 2 Based on the above, it is my opinion that the buried spreaders will not work as the originally proposed open spreaders, and not as vegetated swales approved by the Conservation Commission. Iu addition, the buried spreaders will be impossible to maintain and over time, diminishing what little carrying capacity they have. The City is aware of the pending real estate closing issues surrounding Lot A, and is willing to allow the spreaders to remain as constructed, as ineffective as they may be, if you agree to compensate for their carrying capacity as the remaining Lots B and C are developed. In my previous September 1, 2010 correspondence to you, the earthen berm you constructed on City property at the opening of the culvert that passes beneath the railroad tracks is not acceptable. The City requires a detailed engineering analysis to understand the upstream and downstream pre- and post-construction conditions under which the berm would function, In order to allow the spreader construction to remain on Lot A as constructed, the engineering analysis would need to account for the lack of capacity from both berms on Lot A, and provide a recommendation, to be reviewed an approved by this Office, on the storm water conveyance from the opening of the culvert, across West Parallel and Parallel Street, and across Lots B and C to the edge of Rosie's Pond; these limits are hereinafter referred to as "the project limits". I have prepared a scope of work that I would like followed for the engineering analysis, as follows: Task 1) Meet with City Engineer and. review available information including GIS data mapping, and hard copies of drainage plans within the project area. Task 2) Delineate limits of drainage catchment area tributary to the project area based on preliminary review of topographic contour mapping of the area. Complete follow- up field investigations to identify the number and location of all drainage structures within the drainage catchment area and incorporate roadway drainage "break lines" and closed drainage sub-catchment drainage areas which may increase or decrease tributary area. Task 3) Wet weather drainage review: Perform field investigations during significant rainfall events, sufficient enough to confirm final limits of drainage catchment boundaries and roadway drainage "break lines" and evaluate functionality of existing drainage structures including slippage past structures in gutter line, puddling in gutterline due to lack of structures, or surface flows across travel lane. Document observations with digital photographs and summarize findings on"check plot" and forward copy to City Engineer for review. Task 4) Develop rainfall-runoff and hydraulic model, using a software package (SWMM, hydro-cad, or equal) reviewed and approved by the City Engineer, to predict flows generated from the drainage catchment area conveyed through the culvert under the railroad and evaluate the capacity of the culvert to convey flows generated from the 1, 2, 5, 10, 25, and 50 year storms. Identify alternatives, to be reviewed and approved by the City Engineer, to convey storm water flows from the end of the railroad culvert, over West Parallel and Parallel Streets, and lots B and C to Rosie's Compliance with Amended Condition 44 September 9, 2010 Page 3 Pond, without resulting in surface flooding, erosion or standing water. Revise the hydraulic model to evaluate drainage alternatives and predict hydraulic impacts. Task 5) Prepare letter report, for review and approval of the City Engineer, summarizing the results of tasks 1 through 4, and a cost-to-benefit analysis of recommendations identified in Tasks 4. Task 6) Incorporate City Engineer comments and revise recommendations based on concerns from City Engineer. Prepare design drawings, to be reviewed and approved by the City Engineer, of selected recommendations to be incorporated into the completion of storm water conveyance facilities on Lots B and C. Design drawings will include the location, size, depth, and material of drain pipes and structures; locations and limits of recommended repairs and in-kind replacement, details for upgrades to existing structures to improve water quality; and construction details to address support, protection, and relocation of existing utilities. Produce technical specifications to support the design drawings and details to be constructed. The recommended construction of the improved conveyance system shall include the repaving of the end of Parallel Street, that is impacted or has only binder paving presently installed and will remove the approximate 13 arbovitae's installed on City property in front of the house on Lot A. No Certificate of Occupancy shall be issued by the Building Department and no Certificate of Compliance from the Conservation Commission shall be issued for either lots 'B and C until the above referenced scope of work has been completed, reviewed, and approved by the City Engineer and a written letter of approval is issued to the Building Department and Conservation Commission. If you have any questions, or concerns,please call. y truly yours, David H. Knowlton, PE City Engineer Cc: Frank Taormina, Acting Conservation Commission Agent Thomas St. Pierre, Building Inspector \\Satemdc0l\WaterAdmin\dk iowlton\My Documents\miseeltaneous\misc\lot a,pamliel st ooc compliance condition 48 9.9-10.doc ���ONDITq�� CITY Y OF SALE M ( SALEM,MASSACI-IUSETTS ENGINEERINGDEPARTMENT s~ ar£,pa 120 WASHINGTON STREET,4TH FLOOR ��cjMtNt pi\�t SALEM,MA 01970 Kimberley Driscoll Phone: (978) 745-9595 x5673 Y Fax: (978) 745-0349 Mayor DAVID H.KNOWLTON,P.E. RE CCITY ENGINEER `"iI V rz September 9, 2010 1 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 DEP File it 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 letter shall 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 W, 11. Knowlton,PE City Engineer Cc: Frank Taormina,Acting Conservation Commission Agent \\SatemdcOl\WaterAdnin\dkiowlton\My Documents\miscellaneous\misc\lot a,parallel st ooe compliance condition 44 9-9-IO.cloc tel�nrt;�4 `f C"'WI OF SALEM y SAL I M,MASSACHUSI TTS EN GIN EF,RING DTPARIMENT rf errs r 120 WASHINGI'ON S REFf, 4n[nocxt SALF..M,MA 01970 Phone: (978) 745-9595 x5673 l iruxhcrlcy Driscoll Fax: (978) 745-0349 Mayot- DAVID H. KNOWL'I'ON,P.E. CITY F:NGINLLR September 1, 2010 A[torncy Steven Lovely 14 Story Street S;tlell7, Massachusetts 109790 Re: f:arthcrn,Berm Constructed on Public Property Adjacent to 0 Parallel Street Dear Attorney Lovely: This correspondence has been prepared as a result of our site meeting last Monday at the above referenced location. At the meeting the writer made it very clear to you that the earthen berm, constructed at the opening of the culvert that passes below the railroad tracks on City property is not acceptable. Prior to the constriction of such a berm, the City would require detailed cngincCling analysis to understand the upstream and downstream, pre- and post-construction conditions Under which the berm would function. We also discussed the fact that the berm in its current condition causes storm water flooding on the adjacent property IA Parallel Street. At the meeting you stated you would address that issue. Given the upcoming storm predicted for the end of this wcck, the City expects that 'flooding issue to be addressed immediately. The writer agreed at our meeting to allow the earthen berm to remain, on the condition that the flooding oft/4 Parallel Street is addressed, until such time as the storm water conveyance issues related to Lots B and C are addressed. This permission hoes not in any way relieve you of the liability of any problems or property damage caused by the berm. IJ'you have any questions, or concerns, please call. Very truly ypiu's, ( � FJ 11:1'. 'Knowlton, P City Engineer Cc: Richard R.ennurd, Director of Public Services Frank Taormina, Acting Conservation Commission Agent Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 September 1, 2010 BRADFORD&WEED 1885- 1972 Mr. David Pabich, Chairman R L C �'t�°°6E- Salem Conservation Commission Salem City Hall SEP 0 7 2010 93 Washington Street Salem,MA 01970 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT RE: DEP 064-470 F 14883 LOT A PARALLEL STREET SALEM, MA Dear Mr. Chairman: Please find enclosed several copies of the As Built Plan of the above referenced Site. I have reviewed the Site Development Plan,the As Built Plan and the Order of Conditions, it is my certification that the preconstruction topography and the post construction topography are the same and no filling was done over the sewer easement; furthermore the construction is in substantial compliance with the Order of Conditions with the following deviations. 1. The constructed dwelling is smaller than the proposed dwelling. 2. The deck is further from the resource area. 3. A level spreader(approved by a modification to the Order)has been constructed under the loam. If you have any questions, please do not hesitate to contact me. Sincerel , e /CHRISTOPHDR R. pfFLLO C pher R. Mello, P L E rva 31317 t President ��u ,F CRM:lc ��a5.tiOue L'r.: Enclosure 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX: 978-531-5920 t Frank Taormina From: Carey Duques Sent: Thursday, April 29, 2010 6:40 PM To: Frank Taormina Subject: FW: detailed drawings for lots A, B, C. . . FYI. Carey R. Duques, AICP Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem, MA 01970 (p) 978-619-5685 (f) 978-740-0404 cduques@salem.com www.salem.com -----Original Message----- From: Steve Lovely [mailto:stephen.lovely@verizon.net] Sent: Thursday, April 29, 2010 6:32 PM To: Carey Duques Subject: RE: detailed drawings for lots A, B, C. . . Mulch will be replaced by loom and seed. Stephen P. Lovely, Esq. Law Office of Stephen P. Lovely 14 Story Street Salem, Massachusetts 01970 978-745-8274 Office 978-745-6573 Fax -----Original Message----- From: Carey Duques [maiito:CDuques@Salem.com] Sent: Thursday, April 29, 2010 1:34 PM ^�- To: Steve Lovely Cc: Frank Taormina Subject: RE: detailed drawings for lots A, B, C. . . Steve, The planting plan submitted (see attached) for lots A, B, and C are fine. As discussed while at the site this afternoon, a row of mulch along the rear of the properties was not approved by the Commission. Also mulch has the ability to wash away when the area floods, ultimately ending up in the adjacent wetland. Per the Order of Conditions all changes or deviations from the approved plans need to be reviewed and approved by the Conservation Commission prior to installation. Thanks, Carey Carey R. Duques, AICP Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem, MA 01970 1 (p) 978-619-5685 (f) 978-740-0404 cduques@salem.com www.salem.com -----Original Message----- From: Steve Lovely [mailto:stephen.lovely@verizon.net] Sent: Thursday, April 29, 2010 10:03 AM To: Carey Duques Subject: FW: detailed drawings for lots A, B, C. . . Carey These are what I would like to plant. I may not be able to afford all of the trees. I hope that this plan in not objectionable. Thank you Stephen P. Lovely, Esq. Law Office of Stephen P. Lovely 14 Story Street Salem, Massachusetts 01970 978-745-8274 Office 978-745-6573 Fax -----Original Message----- From: tom@oglandscape.com [mailto:tom@oglandscape.com] Sent: Wednesday, April 28, 2010 9:00 PM To: Stephen Lovely Subject: detailed drawings for lots A, B, C. . . Steve, Please find attached drawings for 3 houses. Plant list is missing the following: (6) Clethra alnifolia 'hummingbird' @ 3 gallon size You will need these to complete the plant order, so be sure to add it when you fax list to your plant supplier. That should cover everything. Let me know if you want me to help with plant placement when plants are delivered. Thanks, -Torn 2 9 M (� t{i $ t £ � f u � � `A:. �u�tT C 3 I G F .0 ,i S "�•'.w. \J r l ; a P t - f�.l` ���n,r�"✓'x � 4.,- � >'•'`:...-".. /' fA�{� ``�"`",'� { _-'. t M,i `�""` �� � S f �re 4 i, ggunynx^ a"a�xx'� Wrp f Y6}• . vi� s I C � *l i 1 >, I Ali F F 1 f l �•p z 7 LL y{ ., ,. S . 'i}{" h w W m i COMM CITY OF SALEM CONSERVATION COMMISSION November 27, 2007 Mr. Stephen Lovely 14 Story Street Salem, Massachusetts 01970 Re: Order of Conditions—DEP#64-470 Lot A 1 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# 64-470 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 Du es Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Y T')jr & PLAN . 487771 .Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IIIII�III III�IIIIIIIIIIIIIIIIIIIII��lll�l A. General Information 20080328@0405 Bk:27648 Pg:408 Important: F Salem 03/28/2008 12:40:00 OTHER Pg V 14 From: _ When filling 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 e0 e.City/rown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/rown f.State g.Zip Code 5. Project Location: 1 Parallel Street Lot A Salem a.Street Address b.City/rown 23 Portion 131 132 Portion 144 C.Assessors Map/Plat Number d.Parcel/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(d registered land) 26908 68 c.Book d.Page 7. Dates: October 5,2007 November 8 2007 November 27 a.Date Notice of Intent Filed b.Date Public Hearing Closed a Date of Issuance e. 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 'III 'II�II 'I�II' N (I �I g.Date 487II71IIIIIIIt 608631) I tlill.229737 southern Essex O1.2trfat Registry wpatom5.4oc•rev.3/tN5 3/28/2008 12:27 PM CONDN Pe: 1/15 Page 1 of ,Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 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 (• ® 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 Acts 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) a. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 1 ft _ wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linearfeet b.linearfeet c.linearfeet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet it.square feet and Waterways e.a.yd dredged f.ou.yd dredged v fomCdw• rev.341105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) 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.ruble feet f.cubic feet g.ruble feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b:square feet . Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq it within 100 It c.square feel d.square feet e.square feet f.square feet Sq it between 100 200 ft g,square feet h.square feet i.square feet J.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below it. ❑ Land Under the Ocean a.square feet b.square feet c.ru 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.cty noudshmt, d.dy noudshmt 14. ❑ Coastal Dunes a.square feet b.square feet c.ofy noudshmt d.cty nounshmt 1s. ❑ 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 16. ❑ Land Under Salt Ponds a.square feet b:square feet c.cu.yd dredged d,cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean,and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal - Storm Flowage a.square feet b.square feet wpefam5Ao • w.317/05 Pape 3 of 9 ,Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64470 Massachusetts Wetlands Protection Act M.G.L. e. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act;or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard, pipe,tires, ashes, refrigerators, motor vehicles,or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or,"MA DEP"] "File Number 64-470 " wpafomb.d=• rev.311105 Page 409 ,Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 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 . spacefor additional oondit(ons, select box to attach a text document wpeforn5.dm• w.WV05 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 64-470 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 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 space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions, box ct box to select ordinance and the Massachusetts Wetlands Protection Act. sele attach a text document wpatorns.dm-rev.11105 Page 6 or 9 Massachusetts Department of Environmental.Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64470 Massachusetts Wetlands Protection Act M.G.L. o. 131; §40 E. Issuance 1 This Order is valid for three years, unless otherwise specified as a special &1 d. condition pursuant to General Conditions#4,from the date of issuance. 1.Date of u ce Please indicate the number of members who will sign this form: �t This Order must be signed by a majority of the Conservation Commission. 2.Rumber of Si ners The Order must ed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also mus a ma' d or hand delivered at the same time to the appropriate Department of Environment Prote 4on Regional Office, if not filing electronically, and the property owner, if different from applica Signatures Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 6 of November 2007 Day 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 personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town MitYlion160Yrt M SN Si ure of Votary Public Carey Printed NaA of Notary Public - August 16 2013 Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on byy��certified mail, return receipt requested,on Date Date w form5.Ooc•rev.W/05 - Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-470 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 Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the 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. epaform5.dx•r".VMS _ Page 8 of 9 Attachment to Order of Conditions# 64-470 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-470 1 Parallel Street Lot A 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 veinal 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 A located at 1 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 post. 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. 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 A,which ever comes fast. 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 10day 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 N 64-470 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 FSIe t#64-470,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# 64-470 Page 3of 6 Final Approved Plans Site Development Permit Plan Located in Salem,MA(Parallel Street) (Tide) 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 N 64-470 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. l Attachment to Omer of Conditions N 64-470 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): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. Applicant shall install one City of Salem wetland resource area sign on a post adjacent to bordering vegetated wetland on Lot A. 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. Attachment to Order of Conditions N 64-470 Page 6of 6 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. 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 A. 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 A,which ever comes first. i 9 ICI R � a k s l`\\ L ' } ...._,..+mow:... sp Yp3 O V V R4 �i.n M �' f n M r s � 9 M Ay ajanA� * H� 5 " y �n h ;ry,Aj T L 1 Massachusetts Department of Environmental Protection Provided by DEP Bureau of Resource Protection - Wetlands DEP File Number - (� WPA Form 3 - Notice of Intent . TDocument Transaction Number Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 "f`Salem frown Important: A. General Information When filling out forms on the ((� Q 5 2007 computer, use 1. Project Location (Note: electronic filers will click on button Qof GI$ locator): only the tab key to move your 1 Parallel Street Lot A Sal _ 01970 cursor-do not �1EPT.OF PLANNING& use the return a.Street Address bMWWTY ULVtLUl-'lVlrN1 c.Zip Code key' Latitude and Longitude: 42-30-17 70-53-59 d. Latitude e. Longitude 23 Portion 131, 132, Portion 144 �I 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 forth consult your local e. City/Town f.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/Town 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/Town 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.Cityrrown Fee Paid 6. General Project Description: Construction of portion of single family dwelling, driveway, grading, landscaping and sewer service in the Buffer Zone. Demolition of existing dwelling, water main construction repaving in Parallel Street. wpaform3.doc•rev.4/12106 Page 1 of 7 Massachusetts Department of Environmental Protection Pr?QIided P by EP fl Bureau of Resource Protection -Wetlands PEP File Number , WPA FOPIl1 3 — Notice of Intent _4V , Document Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ter. — -- — ---- Salem Cityrrown 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. ® BWV 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 w aform3.p 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 ;. Ll WPA Form 3 — Notice of Intent , : _ Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Document Transaction Number Salem City/Town B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1. linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the 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 f 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 NCI? ❑ 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 Bureau of Resource Protection - Wetlands - DEP File Number, ? - WPA Form 3 — Notice of Intent Document Transaction NumberLl . Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ---- Salem Cityrrown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page) with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you C. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2. Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration, rehab.,or creation i. ❑ Land Under Salt Ponds 1. Square feet 2. Cubic yards dredged j. ❑ Land Containing Shellfish 1. Square feet 2.Square feet restoration, rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev.4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEP;a . Bureau of Resource Protection - Wetlands j DEP File Number WPA Form 3 — Notice of intent f Ll IC. Document Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ® DEP BVW Field Data Form (attached) number (provided on a ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50%or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining h the resoureow D. Other Applicable Standards and Requirements area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 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 NOI to: Division of Marine Fisheries- Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ® Not applicable—project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes M 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 Provides 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 " Sal --- Salem 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 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. a. ❑ 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 Prodded-by DEP: P , Bureau of Resource Protection - Wetlands ,DEP File Number ^' ' WPA Form 3 - Notice of Intent Ii�' t jk `F � s�`t Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 mSalem 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: 1.Municipal Check Number 2.Check date a4c In 3.State Check Number 4.Check date Ck er.- Lo�24..t 5. Payor name on chefFirst Name 6. Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return recel 4�equested)to all abutters within 100 feet of the property line of the project location. �� SignatureZApplicant Da— —� Signature of Property Owner(if different) Date Signature of Representative if an Date 9 P ( Y) 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 '1 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 e.City/Town f.State g.Zip Code 978-745-8274 h.Phone Number aa< 2. Property Owner(if different): Same a. First Name b.Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code h. Phone Number 3. Project Location: 1 Parallel St. Lot A Salem a.Street Address b.City/rown 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 usingthe followingsix-step process and worksheet. Please see filling out WPA instructions for Instructions before fillingout worksheet. p Form 3(Notice of Intent). Step I/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12,50. Wpaform3.doc•N01 Welland Fee Transmittal Form•rev.311/05 Page 1 of 2 L IMassachusetts 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 5ITotal Project Fee: $500.00 Step 6/Fee Payments: Total Project Fee: $500.00 a.Total fee from Step 5 State share of filing fee: $237.50 b. 1/2 total fee less$12.50 City/Town share of filling fee: $262.50 c. 112 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.) Wpaform3.tloc•Not Wetland Fee Transromal Form•rev.311105 Page 2 of 2 all ggigg V ON-n- MOM 41 -r -'t'- qmg I)OW -V IA IMA -Ma - I ;n- . ilia' O\APY wv 11 Filmll. IVA MW 70 nk VIE m 1 ri No M, .............. 'vo, I Qlp -oh.Wig lip NAOMI% lip OR WAP'. �04 —ANA T'% 11MM IR W®RTUI-11 -'!Yr 44' ®rm -IMP AW U156 if ,sm �M' iliau MA, OF, I'M ""CQ f' 1, a -nm S� MMi M N' • gr W ; • tg Mall xzu 'gem ZIMI-Aw. .'V, W, �gv Ap i0f, j9 ,�Q-g- Ar 'AT 'M , �gggQ, E M,(t'Jr , ,rg +1 �' D U V F Rimmer Environmental Consulting, LLC 30 Green Street e Newb MA 01950 TeI 978463-9226 Fax 978463-8716 °LyP01� 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 jurisdictionunderthe 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 1 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 Bl-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 (Corpus amomum)(FACW)and northern arrow-wood(Viburnum recognitum) (FACW-). The groundcover is dominated by broad-leafed cattail (Typha latifolia) (OBL), common reed(Phragmites 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), staghorn 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 any certified vernal pools and is not within 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 ENVIRONM7ONSULTING,LLC J rirTifer Hu es d Sci ist Ri A., P.W.S. Prmcip 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 Il ❑ 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 cattail/Typha latifolia 38.0 31 Yes *OBL Sensitive fem/Onoclea sensibilis 20.5 16 No FACW Vine Virginia creeper/Parthenocissus quinquefolia 3.0 100 Yes *FACU 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 B VW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent MADEP;3195 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 211 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 #: 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: 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 physiological 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 Ifvegetation alone is presumed adequate to delineate the BVW boundary,submit thisform with the Requestfor Determination of Applicability or Notice of/ntent 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: El 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" 10YR 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 hydrcc? ❑ yes El no Wetland hydrology present: ❑ Hydric soil present Other indicators of hydrology present: ❑ Sample location is in a BVW ❑ ohab Ll�hd 6ADI Bodo November 12, 2007 Professional Land Surveyors& Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 Mr. Kevin P. Comacchio, 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, ChristopherR. 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