64-415 - 21 PARALLEL STREET - CONSERVATION COMMISSION ��7 /� J
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Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands DEP File Number
WPA Form 8B — Certificate of Compliance #64-415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important 1. This Certificate of Compliance is issued to:
When filling out p
forms on the John Warford
computer, use Name
only the tab key to move 21 Parallel Street
your cursor- Mailing Address
do not use the Salem Massachusetts 01970
return key. Cityrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
John Warford
® Name
"® April 27, 2006 #64-415
Dated DEP File Number
3. The project site is located at:
21 Parallel Street Salem
Street Address City/rows
Map 23 Lot 0228
Assessors Map/Plat Number ParceVLot Number
the final Order of Condition was recorded at the Registry of Deeds for.
John Warford
Property Owner(if different)
Essex 25653 209
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
May 10, 2006
Date
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpdr 9U.doc•rev.7113/04 Page t of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
864-415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by:
Salem May 11, 2006
Conservation Commission Date of Issuance
This Certificate must be sig ad by a majority of the Conservation Commission and a copy sent to the
applicant and appro ' to P 'on ice (See Atta ment).
Signatures:
l
r
wpeform ab.dac-rev.7113104 Page 2 of 4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance #64415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
11th May 2006
On this Day Of Month Year
before me,the undersigned Notary Public, personally appeared
Kevin Comacchio, Kevin Carr, Michael Blier, Joe Fumari, Keith Glidden, and David Pabich,
Name of Document Signer
proved to me through satisfactory evidence of identification,which wastwere
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of Salem Conservation Commission
Cityrrown
FRANKTAORMINA
e n Notary Public
Commo weahh of MasSdI hllseM
My Commission Expiresyy �,
Apr1127,2012
Sig ature of Notary blic
Frank Taormina
Printed Name of Notary Public
April 27, 20012
My Commission Expires(Date)
Place notary seal and/or any stamp above Signature of Notary Public
xparw Bb.doc•rev.7/13104 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance #64-415
1\ 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:
21 Parallel Street #64-415
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
John Warford
Property Owner
and has been noted in the chain of tifie of the affected property on:
e
Book Page
9
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafarm ab.dw•rev.7113104 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64415
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. a Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not John Warford
use the return a.First Name b.Last Name c.Company
key. 21 Parallel Street
d.Mailing Address
a0 Salem Massachusetts 01970
e.Cityrrown I.State g•Zip Code
a. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/rown I.State g.Zip Code
5. Project Location:
21 Parallel Street Salem
a.Street Address b.City/Town
Map 23 Lot 0228
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
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)
22575 268
c.Book d.Page
�. Dates: March 30, 2006 Apri127 2006 April 27, 2006
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
6. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Certificate of Compliance As-Biult Plan of Land 21 Parallel Street
a.Plan Title
Eastern Land Survey Associates, Inc. Christopher Mello
b.Prepared By c.Signed and Stamped by
June 20, 1997 V=30'
d.Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
vgar0nn5.dw• rev.VIM Page 1 M 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions f164415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing,this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ElFisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply b. ® 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. E 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 most 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 10.06(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 5
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
a. ❑ Bank a.linea (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
5. ❑ Land Under Waterbodies a.square feet b.square feet a square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
wpel0rm5.dx• rem.3H1W Pape 2 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-415
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 a.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Fee/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 1 OD It c.square feet d.square feet e.square feet f.square feet
Sq It between 100-200 ft g.square feet h.square feet i.square feat j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.vy nourishmt. d.cry nourishmt.
14. El Coastal Dunes a.square feet b.square feet c.Hy nourishmt. d.dy nourishmt
15. ❑ Coastal Banks a.linear(feet b.linear feet
is. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square 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
wpalarm54m• rev.311105 Pepe 3 d g
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-415
Massachusetts Wetlands Protection Act M.G.L. c. 131,
§40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be dean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles,or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted tD 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 sin shall be displayed at the site not less then two square feet or more than in
9three square feet
sQ sQ
size bearing the words,
°Massachusetts Department of Environmental Protection°[or, 'MA DEP"]
'File Number f164-415 "
wpdwn5,doc M.3MA5 Pape C cf 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-415
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 Storrnwater Policy
Standards.
Special Conditions:
If you need more See Attached Sheet
space for
additional
conditions,
select box to
attach a text
document E
•pelare54oc• rev.SHM5 Pepe 6 or 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions fl84-415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. 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 creed more
space for c. The special conditions relating to municipal ordinance or bylaw areas follows:
a
additional
conditions,
select box to
attach a text
document ❑
wpa1ann5.dx• rev.31IN5 Page 6of9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions #64.415
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 April 27, 2006
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form: four(4)
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
-&-91 —
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
27th April 2006
On this Dom, of Month year
Before me, the undersigned Notary Public, Kevin Comacchio, Kevin Carr, Keith Glidden, &
personally appeared David Pabich
proved to me through satisfactory evidence of identification,which was/were
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed It voluntarily for its stated purpose.
As member of Salem Conservation Commission
Cityrrown
FRANKTAORMINA
Notary Public
CommomveahhofMassachusefts
y` t My Commission Expires April27,20i2 Sign re of ry P blic 1
�.r
Trd n �M�
Printed Name of Notary Public ..
4,.-,r J7� ;1A
Place notary seal and/or any stamp above M,Comm ion Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail,return receipt requested,on
Date Date
wpelam5.doc• rev.WIMS Pap l of a
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-415
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 f i r.( ) ce o this Order. Ace of the request shall at
f� copy
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.
wpaform5.doc•m.3111W Pepe 9 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-415
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:
21 Parallel Street #64-415
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:
Data
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
wpabm5.dw- rev.31V05 Pa9e9 Of
Attachment to Order of Conditions # 64-415
Page 1of 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-415
21 Parallel Street
City of Salem,Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City
of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13.
This Order permits the after-the-fact clearing of buffer zone vegetation.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(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
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#64-415,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.
mow® Attachment to Order of Conditions# 64-415
9 Page Qof 5
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:
Final Approved Plans
Certificate of Compliance As-Built Plan of Land, 21 Parallel Street
(Tide)
June 20, 1997
(Dated)
Christopher Mello
(Signed and Stamped by)
City of Salem Conservation Commission _
(On Jlle 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.
Attachment to Order of Conditions #64-415
A 9 Page'�of 3
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_as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity,and shall be referenced to in all future deeds to this property.
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 tiwmtp_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.
Attachment to Order of Conditions # 64-415
5 Page 4of 5
27. Within thirty(30)days of completion of construction on any given portion of the project, all disturbed
ion of the site shall be permanently stabilized with rapidly growing
areas m the completedPort )re Y P Y gr g
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.
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:
Attachment to Order of Conditions # 64-415
Page Sof S
a..
(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 fast 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 remove all stockpiled material and yard waste along Parallel Street and in/around the
resource area and dispose of it legally offsite.
44. Loam and wetland seed mix shall be applied to all areas of disturbance,including the areas of stockpiled
material and yard waste.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
MITT ROMNEY STEPHEN R.PRITCHARD
Governor
RECEIVE® Secretary
KERRY HEALEY ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor
JUN 0 9 2006 Commissioner
DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT DEP File# 064-0415
RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE: 6/5/2006 3:10 PM (city/town)
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act(M.G.L. c. 131, §40):
Applicant: John Warford Owner:
Address: 21 Parallel Street Address:
SALEM,MA 01970
LOCUS: 21 Parallel Street
IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT:
A.-(X)-This project has been assigned the following file# : 064-0415
Although a file#is being issued,please note the following:
Q
C.() Other Regulatory Jurisdiction
1. Q Application has been forwarded to Waterways Regulatory Program to determine if a
Chapter 91 License is required.
2. () Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers
for review(call 1-800-362-4367 for information).
D. Q 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water Quality Certification
from the Department of Environmental Protection and may require submittal of a 401 application
form. See below for fiuther details:
1. ()Based upon the information submitted in and with your Notice of Intent a separate 401
Water Quality Certification application form is not required. The Department has reviewed
the plans submitted by the applicant and finds that there is reasonable assurance that the project or
activity will be conducted in a manner that will not violate the Massachusetts Surface Water
Quality Standards,provided that:
a) the applicant receives and complies with a Final Order of Conditions from the local
conservation commission or the Department;
b) The Order of Conditions does not cause the loss of more than S,OOOsq.ft. of bordering
vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of
land under water;
This Information is available in alternate format.Call Donald M.comes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://w .mass.gov/dep
(45 Printed on Recycled Paper
c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is
not part of a subdivision; does not cause the loss of any Wetlands designated as
d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act;
Outstanding Resource Waters; and does not cause the loss of any salt marsh.
Therefore,provided that the above conditions are satisfied,the Final Order of Conditions will serve as the
Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with
any other statutes or regulations.
2. ()Before the activity described in the Notice of Intent can commence,you must obtain a Water
Quality Certification form from this Regional Office. Please complete the enclosed 401 Water
Quality Certification application form and file it with this Regional Office for review.
3. ()Your project involves dredging of greater than 100 cubic yards bf material or requires a
permit from the Federal Energy Regulatory Commission for work in"waters of the
Commonwealth." Therefore,your proposed project is subject to 314 CMR 9.00 and requires a
Water Quality Certification. Please complete the enclosed 401 Water Quality Certification
application form and file it with the Department of Environmental Protection,Waterways
Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways
program at 617-292-5655 if you have and questions.
For more information please contact: Mr. GARY BOGUS at 978 694-2224.
Cc:
Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green
P
CITY OF SALEM
CONSERVATION COMMISSION
May 1, 2006
John Watford
21 Parallel Street
Salem, Ma 01970
Re: Order of Conditions —DEP #64-415 —21 Parallel Street, Salem, MA
Dear Mr. Warford:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (after May 7, 2006), this document and the attached
Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal
Street, Salem, MA) prior to any work commencing on site. Once recorded, please return
a copy of Page 9 of the Order of (�gnditions, which will indicate to the Salem
Conservation Commission that the docum'ent has been recorded.
If you have any further questions or concerns, please feel free to contact me at 978-745-
9595 x 311.
Sincerely,
Jank Taorm na
Planner/Harbor Coordinator
Enclosures
120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAX: 978.740.0404 1 WWW.SALEM.COM
i 9
x ;
CITY OF SALEM
CONSERVATION COMMISSION
March 10, 2006
Via: Certified Mail#70051820 0000 87951704
John J. Watford,Jr.
21 Parallel Street
Salem, Ma 01970
RE: ENFORCEMENT ORDER—21 PARALLEL STREET,SALEM,MASSACHUSETTS
Dear Mr. Watford:
Enclosed you will find a Notice of Intent Application and Enforcement Order for the above
referenced property.
As discussed during the March 9, 2006 public hearing of the Salem Conservation
Commission, you must file a Notice of Intent with the Commission by April 13, 2006 or the
Commission will begin levying fines of$200 a day until a Notice of Intent is received by the
Commission.
Should you have any questions regarding this matter I can be reached at (978) 745-9595
extension 311.
,
rank 4Sincerel
Planner/Harbor Coordinator
enclosures
Cc: Attorney Beth Rennard,City Solicitor
Salem Conservation Commission
Massachusetts Department of Environmental Protection, Northeast Regional Office
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEWCOM
i
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ProvbeabyDEP
A. Violation Information
Important When filling out This Enforcement Order is issued by:
forms on the Salem March 10, 2006
computer, useconservation commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the John J.Warford Jr.
return key. Name of Violator
21 Parallel
Address Street
Ad
r gddr�e
1. Location of Violation:
n.
Property Owner(if different)
21 Parallel Street
street Address
Salem 01970
City?own Zip Dade
Map 23 Lot 0228
Assessors MWPIM Number ParceNA Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Removal of significate area of buffer zone vegetation and potential removal of bordering vegetated
wetlands.This activity is a direct violation of an ongoing condition per Order of Conditions DEP#64-235.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because:
the activity has been/is being conducted without a valid Order of Conditions.
® the activity has beenlis being conducted in violation of the Order of Conditions issued to:
Leonidas Philipedas July 20, 1995
Name Dated
#64-235 #12
File Number Condition number(s)
wp9knYQ&dX•rer.7114104 Pap i cf 3
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 9A — Enforcement Order Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pro rided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following(check all that apply):
The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetiand resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
Complete the attached Notice of Intent The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
April13 2006
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section(a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment;or(b)shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation*. Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpvmrte.d=•M.7/14104 Pepe 2 er 7
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court
Questions regarding this Enforcement Order should be directed to:
Frank Taormina, Planner/Harbor Coordinator
Name
(978)745-9595 extension 311
Phone Number
8am-4pm Monday-Wednesday, 8am-7pm Thursdays, 8am-12pm (noon)on Fridays
Hounw0ays Available
Issued by:
Salem
Corner ation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signature .
)eoz /&o 000a Vlff /MY
Signature of delivery person or cerdried mail number
wyaf nrftd=•m.7114104 Pop of 3
CITY OF SALEM
' CONSERVATION COMMISSION
February 27, 2006
Jack Walker
21 Parallel Street
Salem, MA 01970
Re: Wetland Violations at 21 Parallel Street, Salem, Massachusetts
Dear Mr. Walker,
The Salem Conservation Commission previously issued you two violation letters, one on August
20, 2004 and another on September 23, 2004 directing you to stop all site work, remove all
machinery and stockpiled debris from the buffer zone, and file a Notice of Intent (NOI)
application immediately. At this present time, the Commission has still not received an NOI
application, and yet, it had been brought to my attention that you continue to perform site work
at the above referenced property.
As you may or may not be aware, the Commission issued a Certificate of Compliance (COC) for
the construction of the house and associated appurtenances on June 26, 1997. The COC stated
that the work was satisfactory completed according to the approved plans and Order of
Conditions PEP #64-235). However, there are several ongoing conditions (in perpetuity) that
do not expire upon the issuance of a COC. I have attached a copy of the Order of Conditions,
Certificate of Compliance, and approved As-Built Plans for your records. As you will see,
condition #12 states "minimal pruning and no removal of any buffer 7,one or wetland vegetation will occur
beyond the staked hay bale line". The activities being performed on your property may violate that
ongoing condition and may have impacted wetland resource areas and/or associated buffer
zones. The Commission has determined that the work is clearly occurring within its jurisdiction
and is requiring you to file a Notice of Intent immediately, but in order to determine whether
further violations have occurred and to avoid being fined, we request that you stop all present
work and appear before the Commission at their next regularly scheduled meeting to discuss this
issue at greater length.
The next meeting is scheduled for March 9, 2006 at 6:00pm, in Salem City Hall Annex, 120
Washington Street, meeting room 313.
Please be advised, that if you fail to attend this meeting without first notifying the Commission
in writing at least 48 hours in advance, demonstrating good cause for inability to appear, the
Commission will enforce fines of$200 a day until a Notice of Intent is received by the
120 WASHINGTON STREET SALEM MA SSACHUSETTS 01970 # TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM
• 6
Commission. Should you have any questions regarding this matter, please feel free to call me at
(978) 745-9595 x311.
/nk
c
oVaCAgent
Cc: Salem Conservation Commission
Massachusetts Department of Environmental Protection,Northeast Regional Office
2
CITY OF SALEM
CONSERVATION COMMISSION
September 23, 2004
Ja
21 Parallel Street
Salem, MA 01970
Dear Mr. Walker,
As you are aware, a letter was issued to you on August 20, 2004 directing you to stop all site
work, remove all machinery from the buffer zone, and file the enclosed Notice of Intent
application immediately with the Salem Conservation Commission. At this time, the
commission has not yet received an application. Consequently, it has recently been brought to
my attention that you have continued to perform site work at 21 Parallel Street without
receiving the proper permits.
Your property is located within a Bordering Vegetative Wetland and Land Subject to
Flooding and requires local and State environmental filing. Therefore, in accordance with the
Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and the City of Salem
Wetlands Ordinance, you are in violation for the work that is presently occurring on your
property.
This is the last attempt the commission will make in directing you to stop all site work and file
a Notice of Intent Application. If you continue to alter, dump, remove, or disturb any more
soil, vegetation, or aggregate material of any kind on your property without first filing and
receiving approval from the Salem Conservation Commission, local and State fines will be
enforced.
Sincerely,
rank ormina
Planner/Conservation Agent
Cc: Lynn Goonin Duncan,Director of Planning&Community Development
Kevin Comacchio, Conservation Commission Chairman
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEM.COM
0
c
log
CITY OF SALEM
CONSERVATION COMMISSION
August 10, 2004
Current Resident
21 Parallel Street
Salem, MA 01970
To Whom It May Concern:
It has been brought to my attention that work is being performed on your property at 21
Parallel Street. An inspection was recently conducted and it has been determined that you
need to file with the Conservation Commission prior to any such work. Your property is
located within a Bordering Vegetative Wetland and Land Subject to Flooding and requires
local and State environmental filing. Therefore, in accordance with the Massachusetts
Wetlands Protection Act (MGL Chapter 131, Section 40) and the City of Salem Wetlands
Ordinance, you are in violation for the work that is presently occurring on your property.
At this point in time, the Salem Conservation Commission is notify you that all present work
must be stopped immediately and all machinery be removed off site and away from the
resource area.
Please contact me (978) 745-9595 ext 311 at your earliest convenience to discuss the scope of
work you are currently performing, so that we can determine what type of filing you will
require. If this work continues, without first filing and receiving approval from the
Conservation Commission, local and State fines shall be enforced
Sincerely,
011'
Frank T ormina
Planner/Conservation Agent
Cc: Lynn Goonin Duncan, Director of Planning&Community Development
Kevin Comacchio,Conservation Commission Chairman
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745,9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
Drc� c,
RECEIVED
MAR 3 9 2006
DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT
.• Massachusetts Department of Environmental Protection Provided by DER
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cityrrown
Important
When filling out A. General Information
forms on the
computer,use t. Project Location (Note: electronic filers will click on button for GIS locator):
only the tab key �7
to move your 2 Rrc _`+- SA4¢lr-r 61970
cursor-do not use the return a.Street Address b.City/rown c.Zip Code
key. Latitude and Longitude:
ICI d.Latitude e.Longitude
m 27 Z28
f.Assessors Map/Plat Number g.Parcel/Lot Number
II /1�1 II 2. Applicant:
a.First Name b.Last Name c.Company
Note: 2 1 'pGr-e)(e ( J
Before d.Mailing Address
comform consult
It S�(e r✓r
form consuk
your local e.City/rown f.State g.Zip Code
Conservation 9 M 7y4191s'6
Commission h.Phone Number 1.Fax Number j.Email address
mgarding an
unicipal bylaw 3. Proop�ertrty owner(if different from applicant): ❑ Check if more than one owner
or ordinance.
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/rown I.State g.Zip Code
h.Phone Number i.Fax Number j.Email address
4. Representative(if any):
a.Firm
b.Contact Person First Name c.Contact Person Last Name
d.Mailing Address
e.City/Town I.State g.Zip Code
h.Phone Number L Fax Number j.Email address
5. Total WPA Fee Paid(from NOI Wetland Fee Transmittal Form):
//o. oo y1.So a z, -O
a.Total Fee Paid b.State Fee Paid c.City/rown Fee Paid
6. General Project Description: /
Cleg r; r%5 89VSl+ a. .k QIz k-i r of- Geo un a(_f i.. ��t+ /ZOV
4tiA sm• /r 4.e/)OVn}- i'n l.�xl�rti r�clf ,
wpafoffn3.doc•rev.3/29105 Page 1 of 7
f
Massachusetts Department of Environmental Protection Provided by DEP: -
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 — Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
Cityrrown
A. General Information (continued)
7. Project Type Checklist
a. 73 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 z613
a.County b.Page Number
2 2 S'1S
c.Book d.Certificate i(d 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
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. i$No-skip to Section B.
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.
11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable
adjacent resource area(check one):
a. ❑ BVW b. ❑ inland bank c. ❑coastal resource area
The distance between the closest project disturbance and the associated resource area is:
d.linear feet
wparorm3.doc•rev.329105 Page 2 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
cityrrown
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 Proposed Resource Area Size of Pd Alteration Proposed Replacement(if any)
-
document
transaction a. ❑ Bank 1.linear feet 2.linear feet
number b. 511 Bordering Vegetated 30 30
(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 yarns 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
t ❑ Riverfront area 1.Name of Waterway(if available)
1.Width of Riverfront Area(check one):
❑ 25 ft. -Designated Densely Developed Areas only
❑ 100 ft. -New agricultural projects only
200 ft-All other projects
❑ P 1
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. a Square Feet between 100 it and 200 ft.
4. Has an alternatives analysis been done and is it attachedAo this NOI? ❑ Yes❑ No
5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No
wpaform3.doo•rev.3129105 Page 3 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cilyrrown
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
�P 1.Square teat
your receipt
page)with all 2.Cubic yards dredged
supplementary Indicate size under Coastal Beaches and/or Coastal Dunes
information you c. ❑ Barrier Beach submit to the below
Department d. ❑ Coastal Beaches 1.square feet 2.Cubic yards beach nourishment
e. ❑ Coastal Dunes 1.Square feet 2.Cubic yams 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
L. ❑ 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.3/2M Page 4 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t
cilyrrown
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetiand(BVW) boundary:
Online Users: t. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document
transaction 2. ❑ DEP BVW Field Data Form (attached)
number
(provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP(attached)
your receipt
page)with all 4.(� Other Methods for Determining the BVW Boundary(attach documentation):
supplementary
information you a. ❑ 50%or more wetland indicator plants
submit to the
Department b. ❑ Saturatedrinundated conditions exist
c. ❑ Groundwater indicators
d. El Direct observation
For all projects
affecting other e. ❑ Hydric soil indicators
Resource
Areas, please f. ❑ Credible evidence of conditions prior to disturbance
attach a J ur^c Zo I S 4 I As
narrative
5. Other resource areas delineated: " .1 f Pi`
explaining
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 K No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
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:
Massachusetts Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, MA 02114
b. ❑ Not applicable—project is in inland resource area only
3. Is any portion of the proposed project within an Area of Critical Environmental Concern(ACEC)?
a. ❑ Yes [ No If yes, provide name of ACEC(see instructions to WPA Form 3 or DEP
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
wpafonn3.doc•rev.329105 Page 5 of 7
• • Massachusetts Department of Environmental Protection Provx>ec by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
L11
WPA Form 3 — Notice of Intent DocumentTransadionNumber
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 M No
number Tk
(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:
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
1` 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 Feld Data Form).
4. ❑ List the titles and dates for all plans and other materials submitted with this NOI.
5.0 If there is more than one property owner,please attach a list of these property owners not
listed on this form.
6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
6. ❑ Attach NOI Wetland Fee Transmittal Form
g.❑ Attach Stormwater Management Form, if needed.
wpaform3.doc•rev.3I2W05 Page 6 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
cityrrown
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
73 2- AIeir- 2.6 . o�
1.Municipal Check Number 2.Check date '
'23I Me;,- 2! , a�
3.State Check Number 4.Check date /' A,i
—�JO Kr W�J—a\
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 recejptr ulest;ep to all butters within 100 feet of the property line of the project location.
Sign f Apl�#fit
Signature of Property Owner('d kfitferent) 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 Forth;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.
wparann3.doo•rev.3/29/05 Page 7 of 7
•• Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important A. Applicant Information
When filling out
forms on the 1. Applicant:
computer,use // /
only the tab c/o ll. ( ),r4r
key to move a.First Name b.Last Name c.Company
your cursor- 21
do not use the d.Mailing Address
return key. "�de ^i `ham 6 I g 7 O
e.C frown f State g.Zip Code
T 7Q 9YY R�s
h.Phone Number
2. Property Owner(if different):
a.First Name b.Last Name c.Company
d.Mailing Address
e.Cityfrown f.State g.Zip Code
h.Phone Number
3. Project Location:
Z( .Staler /ZIA
a.Street Address b.Cityrrown
To calculate B. Fees
filing fees, refer
to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4):
fee list and
examples in the The fee should be calculated usingthe followingsix-step instructions for Instructions before filling out orksheet p process and worksheet. Please see
filling out WPA 9
Forth 3(Notice of
Intent). Step lrrype 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 311ndividual Activity Fee:Identify each activity fee from the six project categories listed in the
instructions.
Step4/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 AS/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract
$12.50.To calculate the cityltown share of the fee, divide the total fee in half and add$12,50.
Wpafa .dw•NOI WWWd Fm TraiemiUal Fa •rev.3I1N5 Pape 1 or 2
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 1frype of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 311ndividual Fee
Activity Fee
�2r`�o�a( of UQ44-1-=. ion10 , 00 1
Step 6rrotal Project Fee: //0. 0 c7
Step Wee Payments:
Total Project Fee: o 0
a.Total fee from Step 5
State share of filing fee: �ZZ,S-O
b.1/2 total fee less$12.50
Cityrrown share of filling fee: 6 7 r _rO
c. 1/2 total fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee,
payable to the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent;
a copy of this form; and the city/town fee payment.
c.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated
Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of
Intent may submit these electronically.)
Wpafmn3.d=•NOIWei1and FeeTrwwffgel Fp -rev.3MI06 Page 2 of
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