64-465 - 3 PARALLEL STREET - CONSERVATION COMMISSION DAP � GN— �5
3 7��1� S�-�ee.�-.
IRECFF'' ED
Stephen A Lovely, Attorney at Law SEP 14 2010
14 Story Street
Salem, Massachusetts 01970-2820 DEPT. PLANNING&
COMMUNITY
Y DEVELOPMENT
Telephone 978-745-8274 Fax 978-745-6573
stephen.lovely@verizon.net
September 14, 2010
Frank Taormina
Salem Conservation Commission
120 Washington Street
Salem,Massachusetts 01970
Re: 3 Parallel Street DEP File Number#64-465.
Dear Mr. Taormina:
Please accept this letter as a request for a withdrawal of the Orders of Conditions previously
issued by the Salem Conservation Commission for 3 Parallel Street DEP File Number#64-465.
Said orders were never recorded or acted upon and have expired.
If you have any questions please feel free to contact my office.
Sincerely
Stephen P. ove y
pONUIP'
CITY OF SALEM
CONSERVATION COMMISSION
August 9, 2007
Mr. Stephen Lovely
14 Story Street
Salem, Massachusetts 01970
Re: Order of Conditions—DEP#64465
3 Parallel Street, Salem MA
Dear Mr. Lovely:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of August 19, 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 # 64465 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,
1
1 �J
Carey Du ues
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64.465
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 Conditions
use only the
tab key to
8.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
n0 Salem MA 01970
e.City/Town I. State g.Zip Cade
6 4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town I.State g.Zip Code
5. Project Location:
3 Parallel Street Salem
a.Street Address b.City/Town
23 131
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-30-17 -70-53-59
electronic filers will click for GIS locator): e.Latitude I.Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex
a.County b.Certificate(if registered land)
26908 68
c.Book d.Page
7. Dates: June 26, 2007 July 26, 2007 August 9, 2007
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 Development Permit Plan
a. Plan Title
Christopher R. Mello Christopher R. mello
b.Prepared By c.Signed and Stamped by
July 27, 2007 1"=20'
d.Final Revision Date e. Scale
I.Additional Plan or Document Title g.Date
w aform5.doc• rev.3/1/05 Page i of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-465
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 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 65
wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a_linear(feet b.linear(feet c.linear(feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
wpafarn5.dw• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 64-465
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 feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
e. ❑ 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
g. ❑ Riverfront area a.total sq,feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq It between 100-200 It
j square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square 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.cty nourishmt. d.c/y 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 feet
1a. ❑ 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
vgaform5.occ• rev.311/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-465
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 64-465 "
wpaform5.dm rev.3.1/05 Page 4 of
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 64-465
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 attached document
space for
additional
conditions,
select box to
attach a text
document
wpaform5Aw• rev.3r1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands CEP File Number:
WPA Form 5 - Order of Conditions 64-465
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 conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local
select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document
wpalorm5.dm• rev.NIJ05 Page 6 of 9
Massachusetts De artment of Environmental Protection
P DEP File Number:
� Bureau of Resource Protection -Wetlands
' WPA Form 5 — Order of Conditions s4-4s5
M a s s a c h u s e tt s W e t l a n d s P r o t e c t i o n A c t M.G.L. c. 1 3 1, §4 0
E. Issuance
This Order is valid for three years, unless otherwise specified as a special � ,c �
condition pursuant to General Conditions#4, from the date of issuance. i.o e of i �Suance
Please indicate the number of inembers who will sign this form:
This Order must be signed by a majority of the Conservation Commission. z.Number or siqne
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Prot I Office, if not filing eiectronically, and the property owner, if different
from applicant.
Signatures•
�
�
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
26 July 2007
� �fl thlS paY Of MoMh Year
Before me, the undersigned Notary Public, K. Cornacchio, D. Pabich, . , . ,
personally appeared D. Summer, A. 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 Conservatior. Commission
� CitylTown
Q
_ �� �
AI�Co�M11b�f011�
u'�s Signatura NoteryPublic
Carey R. Duques
Printed Name of Notary Public
Place notary seal and/or any stamp above August 16 2013
, My Commission Expires(Data)
' This Order is issued to the applicant as follows:
❑ by hand delivery on L� by ertified mail,�turn receipt requested, on
� ` I
Date Date
wpaforrtS.tla• rev.3/1/OS Page 7 019
Massachusetts Department of Environmental Protection
� Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 - Order of Conditions 64-465
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 IaFld 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 Wetiands
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.
wpaiorm5.aa• rev.y1/o5 Page 8 of 9
Massachusetts Department of Environmental Protection DEP File Number:
� Bwreau of Resource Protection - Wetlands
' WPA Form 5 — Order of Conditions s4-465
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 titie 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 shali also be noted on the Land Court
CeRificate 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 Commissian
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
�' ---------------------------------------------------------------------------------------------------------------------
To:
Salem
Conservatio�Commission
Please be advised that the Order of Conditions for the Project at:
3 Parallel Street 64-465
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
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 ot Applicant
wpabrm5.tla• rev.3/1/OS Page 9 of 9
Attachment to Ocder of Conditions # 64-465
Page lof 5
SALEM CONSERVATION COMMISSION
, DEP FILE #64-465
3 Pacallel Sueet
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habita[s or Raze 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 dces not occur neaz any habita[of state-listed rare wildlife species nor contains any
vemal pools.
This Order is issued under the Massachusetts Wedands Protection Act,M.G.L. Chapter 131,Secdon 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13.
This Order permits the cons[ruc[ion of an addition, approximately 2A fee[by 28 feet,wi[h an associated 10 foot
by 10 foot deck, to an existing single family home located at 3 Pazallel Street in Salem,Massachusetts.
Approved activities include the removal of an exis6ng deck located on the northwestem poRion of the property
adjacent to Parallel Street,the removal of the paved azea used for parking,to be replaced by crushed stone in an
expanded pazking azea approximately 35 feet by 35 feet in size, and the demolition and proper removal of an
existing shed located in the southeastem portion of the site.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its enprety(all 5 pages) at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
I submitted to the Salem Conservation Commission before any work approved in tlus Order
commences.
2. Approval of this application does not constitute conpliance with any law or regulation othcr 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. Alt work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource azeas 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#64-465,and not placed on
a living[ree.
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.
, Attachment to Otder of Condidons # 64465
Page 2of 5
7. The Commission or its Agent,officers,or employees shall have the right to en[er and inspect the property at
any time for compliance with the condifions of this Order,the WeUands Protection Act MGL Chapter 131,
Secvon 40,the Wedands Reguladons 310 CMR 10.00,and shall have the right to require any data or
dceumentation that it deems necessary for that evaluation.
8. The term"ApplicanP'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 Natice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of tide 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 perauts may include but aze 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 sea 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMI2 9.00.
(3) Sewer Extension Pemrit from the DEP Division of Water Pollution Control under G.L. Ch. 21A ss7
and 314 CNIIt 7.00. Any Boud 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 aze 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 afrer 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 Appraved Plans
Site Development Pernvt Plan
(Title)
July 27,2007
(Dated)
Christopher R. Mello,Land Surveyor
(Signed and Stamped by)
City of Salem Conservation Commission
(On fi[e with)
Attachment to Order of Conditions#64465
Page 3of 5
I5. 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 Chan�e 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 requue 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 awaze of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
PRIOR TO CONSTRUCTION
17. Prior to the commencement of any activity on tlus 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 conhol 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 fortycight(48)hours prior to any activity to arrange for the
pre-construction meeting.
18. 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 suc6 installadon at the pre-coastruction
meeting.
19. No clearing of vege[ation,including trees,or disturbance of soil shall occur prior to the pre-construcaon
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.
20. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency
erosion control.
' EROSION CONTROL
21. 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 azeas 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.
22. All debris, fill and excavated material shall be stockpiled a location faz enoug6 away from the wetland
resource azeas to prevent sediment from entering wetland resource azeas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated silt adjacent to the bamers shall be removed.
24. The azea of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wedand resource azeas. 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.
. Attachment to Order of Condiuons # 64465
Page 4of 5
26. Within thirty (30)days of completion of cons7uction on any given portion of the project, all dismrbed
areas in the completed portion of the site shall be permanencly stabilized with rapidly growing
vegetative cover, using sufficient[op soil to assure long-term stabilization of disturbed areas.
27. If soils ue 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 grow[h,
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
28. 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.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. All waste products,grubbed stumps,slash;construcdon materials,etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
31. 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 wedand resource area shall be
immediately removed.
32. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilizatioa
33. Immediately following drainage siructure 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.
34. There shall be no pumping of water from wetland resource azeas.
35. All equipment shall be inspected regulazly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construcGon,all drainage structures shall be inspected regulazly and cleaned as necessary.
37. The applicant is herby noufied that failure to comply with all requirements herein may result in the issuance
of enforcement acdons by the Conservation Commission including,but not limited to,civil administraGve
penalties under M.G.L Chapter 21A, section 16.
AFTER CONSTRUCTION
38. Upon completion of conshvction 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 compfiance 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 postconstruction condi[ions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
' •
Attachment to Ozder of Conditions # 64465
Page 5of 5
(a) All wedand 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,sttvctures and best
maaagement designs,including foundation drains,constructed under this Order within any
wedand resource area or buffer zone;
(c) Distances from any swctures conshucted under this Order to wetland resource areas-
"struc[ures"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 vegeta6on approved under Uus Order,
39. 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 Conserva6on Commission.
40. 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 fust 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.
41. 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 Adminisuator has
authorized their removal.
ADDITIONAL CONDITIONS
42. Applicant shall keep all equipment outside of the buffer zone when not being used.
43. All spoils resulting from any excavation on the site shall be stored outside of the buffer zone.
44. Once the shed is removed grass shall be planted in its footprint.
- � Massachusetts Department of Environmental Protection Provided by DEP: . _
Bureau of Resource Protection -Wetlands k= ` ' "
� 'DEP File Number �
� . �'� � _ ' �'� .
� WPA FOrm 3 - Notice of Intent � � � 3 �{� �
Y Document Transaction Numbec
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �" `Saiem
ciry/Town
' '"'p°`�"`: A. General Information
When filling out
forms on the ,
compucer, use 1. Project Location (Note: electronic filers will click ombutton for GIS locator):
only the tab key ,
co move your 3 Parallel Street Salem 01970
cursor-do not a. StreetAddress b.Cit /Town a Zi Code
use the return Y � P
key. Latitucle and Longitude: 42-30-17 70-53-59
d. Lati[ude e.Longitude
�� 23 131
f.Assessors Map/Plat Number g.Parcel/Lot Number
,�,,,, 2. Applicant:
Stephen Lovely
a. First Name b. Last Name c.Company .
, Note: 14 Story Street
Before d.Mailing Address � �
completing this Salem MA 01970
� form consult
your local e.City/Town . � f.Sta�e 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. Faz Number j. Email address �
4. Representative (if any):
a. Firm
� . � - �rst Name c Contact Person Last Name
. � � ' >> t.�io, g.Zip Code
�- �,.'��:::..
a. �'..�,.�C:�.;noer i. Fau 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.Citylfown Fee Paid �
6. General Project Description:
Construction of proposed addition driveway and utilities in the Buffer Zone removal of existinq shed.
wpaform3.doc•rev.4/12/06 � Page 1 of 7
f
.• Massachusetts Department of Environmental Protection P�4�iaea by oeP ;
� Bureau of Resource Protection - Wetlands � r ' � �
.�DEP Ftle Number = `
� WPA FOrm 3 - Notice of Intent ��' `� r� ' � � ��� ��
� - �'Document Transadioq Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �Saiem
ciryrrowo
A. General Information (continued)
7. Project Type Checklist:
a. Sin le Famil Hom
❑ g y e 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 (Duplex)
8. Property recorded at the Registry of Deeds for:
Essex So. District 68
a.County � � b.Page Number �
26908
� c.Book d.Cert�rate#(if registered land)
9. Has work been performed on the property under an Order of Resource Area Delineation involving
Simpiified 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 fiied 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 uniil the applicant receives a Certificate of
Comp�iance, whichever is later.
10. Buffer Zone Oniy- Is the project located only i�the Buffer Zone of a bordering vegetated wetland,
inland bank, or coastai 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, seiect the applicable
adjacent resource area (check one):
a. � BVW b. ❑ inland bank c. ❑ coastal resource area
The distance between the closest project disturbance and the associated resource area is:
12
d. linearfeet
wpaform3.doc•rev.4/12/O6 Page 2 of 7
.. Massachusetts Department of Environmental Protection P��°�pea by oeP; '
� Bureau of Resource Protection - Wetlands � DEP File Nomber
WPA Form 3 - Notice of Intent �
� ,;DocumentT-ransadion Nurri6er
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Saiem
� CitylTown
B. Resource Area Effects
�. 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 aiternative project design or location.
Online Users: Resource Area Size of Proqosed Alteration Proqosed Replacement(if anv)
Include your
document
transaction a. ❑ Bank 1. linearfeet � � 2.linearfeet
number b. ❑ Bordering Vegetated
(pfovidBd on Wetland t.square feet 2.square feet
yourreceipt
page)with all c. ❑ Land Under 1,square feet z.square feet
supplementary Waterbodies and
information you Waterways 3.cunic yards ared9ed
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
t0 Flooding 1.square feet
. 2.cubic feet oi Flood storage lost 3.cu6ic feet of flood srorage replaced
❑ Fof f. ❑ � Rivertront area t. Name of Waterway(if available)
projects
impacted by �.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 agricuRural projects only
resource
area, add ❑ 200 ft. -All other projects
50%to the
total fee. z. Total area of Riverfront Area on the site of the proposed project:
. Square Feet
s. Proposed alteration of the Riverfront Area:
� a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet beriveen 100 ft.and 200 ft.
a. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No
5.Was the iot 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 DEP1
Bureau of Resource Protection -Wetlands " " �`� '
��DEP Ftle Number
' �� WPA Form 3 - Notice of Intent �r �� °' �=� ."�
f , f)ocument.Transaction Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Saiem
Cityliown
B. Resource Area Effects
2. Coastal Resource Areas:
Check all that apply below. Attach narrative and supporting documentation describing how the
project wiil meet all pertormance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users: Resource Area Size of Pr000sed Alteration Proposed Replacement(if anv)
Include your
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
p898) Wlth 811 � 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 �.square fee2 2.Cubic yards beach nourishment
. e. ❑ Coastal Dunes �.Square feet 2.Cubic yards dune nourishment
. � f. ❑ C085t21 BBnkS t Linearfeet �
9. ❑ Rocky Intertidal Shores �.Square feet
n. ❑ Salt Marshes �,Square feet 2.Sq ft restoratioq rehab.,or creation
i. ❑ Land Under Salt Ponds �.Square feet
2.Cubic yards dredged
j. ❑ Land Containing
Shellfish t.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
t.Cubic yards dredged � � �
i. ❑ Land Subject to Coastal
. StOfm FlowBg@ t.Square feet
3. Limited Project:
is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
1024 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 Environmentai Protection P�ovided by DEPe
� Bureau of Resource Protection -Wetlands oEP F��e N�mbe�
� WPA Form 3 - Notice of Intent ° °�� � �� �
�'DocumenfTransaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 salem �
Citylfown
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
Online Users: i. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document
transaction 2_ � DEP BVW Field Data Form (attached)
number
(provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached)
your receipt
page)with alI 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 s. Other resource areas delineated:
explaining how D. Other A licable Standards and Re uirements
the resource pp q
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 WeStbO(oUgh, 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 �f yes, include proof of mailing or hand delivery of NOI to:
Division of Marine Fisheries-Southeast Marine Fisheries Station
50A Portside Dnve
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)7
a. ❑ Yes � No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
wpaform3.doc•rev.4/12/06 ' � Page 5 of 7
. . Massachusetts Department of Environmental Protection ProviiJedbyDEP;
,, -- Bureau of Resource Protection - Wetlands oEP F�ie N�mbe� r°'
� � WPA F01'm 3 - Notice of Intent x`� � . � �� . � � �
� Document Transaction�Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ° saiem
� � City/Town
D. Other Applicable Standards and Requirements
Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Include your Restriction Act(M.G.L. a 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:
Addition of one unit to an existing single famity home.
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.
t. ❑ 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.)
z. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BWVJ 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 pfans (e.g., a DEP BVW Field Data Form).
a. ❑ 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
Iisted on this form.
6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
�. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
a. ❑ Attach NOI Wetland Fee Transmittal Form
s. ❑ Attach Stormwater Management Form, if needed.
wpaform3.doc•rev.4/12/06 Page 6 of 7
� • Massachusetts Department of Environmental Protection Provided by DEP:
� Bureau of Resource Protection -Wetlands DEP F�le Number
� ��� ���� � — ������ �� ������ �dDocumentTransactionNumber
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 d seiem
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:
. � 19 (0 �o I2(,. Id �
1.Municipal Check Number 2.Check date.
� � 9'1 �v Z(. f C9`1
3.State Check Number . 4.Check date
5 l��P� L�Je l-.�
5. Payor name on check:First Name 6. Payor name on check:Last Name
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail
(return recei t requested)to all abutters within 100 feet of the property line of the project location.
- Signa re plicant Dat� Z�`c,,
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies
of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the
' Conservation Commission by certified mail or hand delivery.
For DEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of
pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to
the DEP Regional O�ce(see Instrudions) by certified maif 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/O6 � Page 7 of 7
�
• Massachusetts Department of Environmental Protection
� Bureau of Resource Protection -Wetlands
NOI Wetland Fee Transmittal Form
� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
imPorta��: A. Applicant Information
When filling out
forms on the L 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.Citylfown . f.State g.Zip Code
`� 978-745-8274
h.Phone Number
�+ 2. Property Owner(if different):
Same
a. First Name � b. Last Name c.Company
d. Mailing Address
e.CitylTown , E State g.Zip Code
� h. Phone Number
3. Project Location:
3 Parallel Street ` Salem
a.Street Address b.Cityliown �
To calculate B, FeeS � �
filing fees;refer
to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4):
fee Iist and
exampies in tne The fee should be caiculated usin the followin six-ste rocess and worksheet. Please see
instructions for �nstructions before fillin out worksheet. 9 p p
filling out WPA 9
Form 3(Notice of � � .
Intent). Step 1lType of Activity: Describe each type of activity that will occur in wetiand resource area and
buffer zone.
Step 2/Number of Activities: Identify the number of each type of activiry.
Step 311ndividual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
Step 41Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per
category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step S/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.
Wpa(orm3.tloc•N01 Wetlantl Fea Transminal Form•rev.3/1I05 . Page 1 ot2
� Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
� NOI Wetland Fee Transmittal Form
� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1lType of Activity Step 2lNumber Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
2a -Single dwellinq 1 $500.00 $500.00
Step 5lTotal 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. 7/2 total fee less$12.50
City/Town share of filling fee: $262.50
. c. 1/2 total fee plus$1250
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.)
VJpafortn3.doc•N01 Wetland Fee T�ansmil�al Poem•�ev.3l1/OS -
Page 2 0(2
( �� f'f} T�,/ (/y•
. �.-..�l tl F'j +�+-/V
.��+�r �i ' .
��-� � Rimmer Environmental Consulting, LLC
� , ,
_?;�,'i:: 30 Cae�Street = Newb�vyport,Mp 01950 � Te1978�J63-9226 = FaY 978-063-8716
May 31,2007
Christopher R.Mello, P.L.S.
Eastem Land Survey Associates,Inc.
104 Lowell Street
Peabody, MA 01960
Re: Wetland De6neation
1-3 Parallel Street
Salem,MA
Dear Mr.Mello:
At your request,Rimmer Environmental Consulting, LLC (REC)conducted field investigations
on two(2)pazcels located at 1-3 Parallel Street in Salem, Massachusetts. The purpose of these
investigations was to determine the extem and location of wetland resources that may be subject
to jurisdiction undert3ie Massachuset[s Wetlands Protec[ion Act(MGL Ch. 131 s. 40)within and
immediately surrounding the project azea. The following is a summary of findings.
Methods
REC wnducted Seld invesdgations on May 24,2007. At that time,numbered sequences
of flags were tied in the Seld to indicate the limit of wetlands subject to jurisdiction under
state regularions. Wetlands were delineated in accordance with the procedures
established within the Mass.Wetlands Protection Act Regulations (310 CNIR 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 Wet]ands Delineation Field Forms aze
included to provide additional documentation of wetland boundaries.
Findings
The project site is located off of Jefferson Avenue on Parallel Street at the northem end
of the paved road. MBTA Commuter Rail tracks aze to the west and both Paiallel Street
properties border residential properties to the sout6. A small isolated wetland is located to
the north of 1 Parallel Street between the built up track bed and a second berm. The azea
is not con�ected to the larger wetland and is not jurisdictional under state regulations.
The lazger wetland azea 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 Yegetated Wetdand
B-Series
The B-series flags B1-A23 delineate the limits of Bordering Vegetated Wetland
pursuant to 310 CMIt 10.55. These wetlands consist of shrub swamp and open
mazsh. The wetland line generally follows the base of a shod slope that is
dominated by multiflora rose(Rosa mulhJlora) (FACU). Flagging begins just
off-site on the berm adjacent to the raikoad tracks.Wedand flags aze 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)
(FACV�and willow(Salix sp.)(FAC�,with an understory of silky dogwood
(Gornus amomum)(FACI�and northern arrow-wood(Viburnum recognitum)
(FACW-). The groundcover is dominated by broad-leafed cattail(Typha
IaHfolia) (OBL),common reed(Phragmites australis)(FAC�, sensitive fem
(Onoclea sensibilis)(FAC�,horsetail(Equisetum sp.)(FAC�, and creeping
buttercup(Ranunculus repens)(FAC).
The upland portions of the site contain Norway maple(Acer platanoides) (NI),
staghom sumac(Rhus typhina)(Nn, ciabapple(Malus sp.) (NI),multiflora rose
(Rosa muldJlora)(FACin, oriental bittersweet(Celashus orbiculatus)(rII)and
spotted jewelweed(Impatiens capensis)(FAC�.
Other Resourc'es
The site does not contain any certified vemal 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 tluough MassGIS(2007).
I hope this informaUon is helpful to you. If you should have any questions, or require additional
information,please do not hesitate to contact me.
Very truly;
MMER ENVIRONMENTAL ONSULTING,LLC
�/�, �%C
J uGiifer Hu es
d Sci ist
Ri .A.,P.W.S.
Princip Sr.Wetland Scientist
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form •
Applicant: ELS Prepared by: REC Project location:l-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 BV W boundary: fill out sections I and II
❑ Method other than dominance test used (attach additional information) "
Section I. Vegetation: Observation plot Number: B9 Transect number:WetDate of delineation:5/24/07
A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland
(by common name/scientific name) (or basal area) Do►ninance (yes or no) Indicator
Category*
Herb
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 tnark 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 adaptarions. If any plants aze identified as wetland indicator plants due to
h siolo ical or mo holo ical ada tations, describe the ada tation 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 ❑ uo
Ijvegelation a[one is pruumed adequale to delineate the B['W bouttdary,submit lhis jorm with[he Request jor Delerminafian ojApp[icabilUy or Notice ojlntent MADEP;3/95
Section II. Indicators of Hydrology ° �
Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe)
1. Soil Survey � Site inundated:
❑ Depth to free water in observation hole: _
Is there a published soil survey for this site? Yes
❑ Water mazks: _
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?�yes0no ❑ Drainage pattems 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 Conciusion
Remazks 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 boundazy: 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. Wetlaud
� (by common name/scientific name) (or basal area) DO[Tlinance (yes or no) IDdicator
Category*
Tree
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 bittersweeUCelastrus orbiculatus 20.5 87 Yes � *NI
Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protecrion Act(MGL c. 131, s. 40);plants m the genus Sphagnum;plants listed as FAC,
FAC+,FAC-,FACW,FACW+,or OBL;or plants with physiological or morphological adaptarions. If any plants aze identified as wetland indicator plants due to
h siolo ical or mo holo ical ada tations, describe the ada tation 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
Ijvegetatian alone is presumed adequate ta delirseale the BVW boundary,submitlhis jorm with the Request forDeterminalion ojApplicability or NoBce oflntent MADEP;3/95
Section II. Indicators of Hydrology • �
Hydric Soil Interpretation Other Indicators of Hydrology: (�he�k an�nac aPPty ana aes�ribe�
1. Soil Survey ❑ Site inundated:
❑ Depth to free water in observation hole: _
Is there a published soil survey for this site? Yes
❑ Water marks: _
Title/date: NCSS Soil Survey
Map number: ❑ Drift lines:
Soil type mapped: Maybid & Urban land
Hydric soil inclusions: ❑ Sediment deposits:
Are field observations consistent with soil survey?�yes❑no ❑ Drainage patterns in BVW:
Remarks
❑ Oxidized rhizospheres:
2. Soil description .
Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves:
Oi 0-8" 10YR 2/2 compost
A 8-12" 10YR 3/2 fsl refusai ❑ Recorded data(stream, lake, or tidal gauge; aerial photo, other):_
❑ Other:
Vegetation and Hydrology Conclusion
Remazks Yes No
3. Other ,
Number of wetland indicator plants ❑ �
>number of non-wetland indicato.r plants:
Conclusion: Is soil hydric? ❑ yes ❑ no
Wetland hydrology present: ❑ �
Hydric soil present
Other indicators of hydrology present: ❑ �
Sample location is in a BVW ❑ �
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